Deep FCPA Expertise
Both the US Department of Justice and US Securities and Exchange Commission (SEC) have made the FCPA an enforcement priority, as have government regulators around the world. Latham’s FCPA team is uniquely qualified to handle complex, high-stakes government investigations with a deep bench of former US government prosecutors and former senior SEC officials covering years of experience managing major FCPA investigations.
Latham lawyers have traveled to more than 150 countries across Africa, Central Asia, China, Europe, the Middle East and South America on FCPA matters, gaining valuable in-country experience and insight into the unique challenges presented by each region. With the firm’s geographic platform and deep litigation experience, Latham is one of only a few firms capable of providing on-the-ground counsel within hours of crises such as dawn raids or surprise government investigations.
The firm’s FCPA team has handled matters across industries such as:
- Construction and engineering
- Consumer goods
- Health care and Pharmaceutical
- Medical devices
- Oil services
Designing Effective Compliance Programs and Adequate Internal Safeguards
Latham lawyers regularly provide day-to-day compliance advice involving common risk areas, including:
- Books and records issues
- Consultants, agents or other third parties
- Facilitating payments
- Gifts, travel and entertainment
- State-owned or controlled entities
The firm’s FCPA team drafts anti-corruption policies, prepares compliance plans and procedures and assists with transactional due diligence. When possible misconduct is identified, the team conducts internal investigations on behalf of management and boards around the world and advises on the appropriate response to possible FCPA violations, including whether voluntary disclosure is appropriate or beneficial.
Representation for Public Companies Facing Government Investigations and Enforcement Actions
Latham’s FCPA lawyers provide advice and counsel at every stage of criminal or parallel civil proceedings, from investigation to trial and appeals. The firm is also uniquely prepared to defend related securities class actions and derivative suits that have become part of the FCPA landscape.