With increased activism and cross-border cooperation between enforcement and regulatory agencies, we represent the interests of clients operating in multiple jurisdictions and have advised on issues in China, India, Eastern Europe, the Middle East, Latin America and Africa. The clients we represent are involved in numerous sectors, including financial services and asset management, telecommunications, energy, mining, manufacturing, technology and healthcare.
Investigations, FCPA and Anti-Corruption
Led by several former DOJ prosecutors and SEC officials who draw upon their experience and institutional knowledge, our Investigations Practice advises clients with respect to all aspects of government and internal investigations, Foreign Corrupt Practices Act (FCPA) inquiries and other anti-corruption matters, enforcement cases and due diligence for corporate transactions.
Establishing effective compliance programs has become increasingly important to help mitigate risk. We work proactively with our clients to design and implement anti-corruption policies and procedures.
Clients seek our advice on regulatory issues related to international investments, including counsel on navigating national security reviews of proposed acquisitions of, or minority investments in, U.S. businesses before the Committee on Foreign Investment in the United States (CFIUS). Considering the expansive view of national security often taken by regulators, we work with our clients to ensure that proposed transactions will be approved by CFIUS without conditions.
Financial institutions, private equity firms, and domestic and foreign issuers of securities routinely seek our counsel on economic sanctions matters. We advise on internal investigations and governmental dealings, including with the Office of Foreign Assets Control (OFAC) and the Department of State, enforcement cases and incidental regulatory issues (involving other regulatory bodies such as the SEC). We have extensive experience counseling on economic sanctions issues in the transactional context, such as in the merger with or acquisition of a non-U.S. target, the issuance of securities by a non-U.S. issuer and contractual arrangements between creditors and borrowers.
Export Controls (EAR and ITAR)
In addition, clients ask us for guidance on export control issues, most frequently in connection with CFIUS reviews, under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).
Energy and infrastructure companies, private equity investors and financing parties frequently seek our counsel with respect to applications for approval of transactions and securities issuances, applications for operating licenses, compliance issues and rate-related matters before the Federal Energy Regulatory Commission (FERC) and state utility regulatory agencies.