Foreign Corrupt Practices Act Compliance

Multinational companies with global operations can be challenged by local business practices that incentivize the payment of bribes, which can expose them to liability under the US Foreign Corrupt Practices Act (FCPA). The cost to the company for violating these laws can be severe, with significant damage to reputation as well as criminal and civil penalties, including imprisonment. To avoid potential liability under the FCPA, O’Melveny helps global companies identify corruption risks, and build strong compliance and training programs.

With a team comprised of former federal prosecutors and SEC officials, we leverage our resources in jurisdictions around the world—including our extensive language skills and understanding of local culture—to equip clients with a full range of anti-corruption compliance services, including:

• Risk Assessments and Audits. We work with clients to identify anti-corruption risks and assess whether existing controls are sufficient to mitigate those risks and whether they are consistent with industry best practices.
• Designing and Enhancing Compliance Programs. We help devise and implement policies and procedures tailored to each client’s needs, aligned with the expectations of government agencies and business realities, and refine and enhance existing policies to address new laws and changes in business lines.
• Monitorship and Compliance Consultants. We serve as monitors and compliance consultants when required by a settlement or deferred prosecution agreement.
• Transactional Due Diligence. We manage FCPA risks in mergers and acquisitions, financings, public offerings, and other investment activities.
• Counseling. We advise on FCPA issues that arise in the course of day-to-day operations, including marketing and use of outside consultants.
• Training. We teach executives and other employees how to implement compliance programs and avoid pitfalls when working outside the US.