Practice Areas

Anti-Corruption Compliance (FCPA)

Mitchell Williams advises clients on the creation and implementation of internal compliance programs to reduce the risks of a violation of anti-corruption statutes, including the U.S. Foreign Corrupt Practices Act (FCPA).

We conduct compliance audits in order to identify strengths and weaknesses in a company’s existing compliance programs.  We counsel companies in formulating compliance policies, addressing specific implementation issues in the context of discrete corporate cultures and geographically distant business operations, and preparing training and other educational materials and remediation plans to ensure compliance.

Transaction Review

We advise clients with respect to compliance in prospective transactions and on structuring transactions to satisfy the requirements of applicable anti-corruption laws. We provide advice on contractual provisions to address anti-corruption-related risk, and we work with clients to conduct effective due diligence with respect to their engagement of consultants, representatives, foreign agents, and joint-venture partners.

Enforcement Proceedings

We advise clients in preparing for possible FCPA enforcement proceedings by the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC), and we represent clients in such proceedings. We represent clients in

  • Negotiations over the scope of proceedings

  • Responding to requests for documents

  • Preparing submissions to and for meetings with regulatory and enforcement officials

  • Defending against civil actions

  • Settlement negotiations

We also represent clients in private litigation in which allegations of FCPA violations are made.  Such litigation is sometimes initiated by plaintiffs who have employment or contractual disputes with our clients and seek to use alleged FCPA violations as leverage.