Overview

Skadden has extensive experience in advising and defending clients in matters involving the United States Foreign Corrupt Practices Act (FCPA) and related international laws, including the OECD Anti-Bribery Convention. The firm's unparalleled global reach, depth and experience in the United States, Europe and the Asia-Pacific region provide the ready capability to perform fact-finding and analysis in connection with complex business matters in every country in which our clients conduct business. Skadden is uniquely positioned to assist clients in navigating the legal landscape when business conduct results in concurrent criminal, civil and/or administrative proceedings that require a strategically coordinated response.

In recent years, the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) have placed an increased emphasis on compliance with the FCPA by United States corporations and other companies traded publicly on the United States exchanges, including foreign private issuers. The United States has focused on jurisdictions traditionally beyond its reach, including China and other countries with emerging economies. To broaden the United States' efforts to ensure compliance throughout the business world, its authorities are seeking the assistance of regulators located in these foreign jurisdictions. With the increasingly blurred line separating criminal, civil and administrative offenses, the government's expanded scope of oversight has greatly heightened the risks of conducting business both domestically and internationally.

Skadden represents companies, their boards and management, foreign issuers and individuals in all aspects of FCPA and anti-corruption matters, including internal investigations, transactional due diligence, implementation of remedial measures and compliance programs, and the defense of government investigations, enforcement actions and criminal/civil proceedings. Skadden handles such matters from the time that the allegations first arise through final resolution, whether the matter is concluded with a report to a special committee, a declination or an agreed upon settlement with the DOJ and SEC or, if necessary, trial and appeal. Experience has shown that by conducting a prompt and thorough internal investigation, clients are better positioned to influence the government's approach to the matter. In this regard, after conducting internal investigations, Skadden has successfully resolved matters through voluntary disclosures, resulting in declinations or other settlements favorable to our clients. In addition, we have negotiated favorable settlements of complex parallel proceedings involving criminal, civil and administrative issues without the need for costly and public litigation.

Skadden has numerous former assistant United States attorneys in the New York, Washington, D.C. and Los Angeles offices. In addition, a former United States attorney for the District of Columbia and several former Securities and Exchange Commission enforcement attorneys, including a former deputy director for enforcement, are resident in Skadden's Washington, D.C. office. Skadden's powerful combination of former prosecutors and former enforcement agency attorneys enables the firm to anticipate and respond to the many demands created by the joint investigations and proceedings routinely pursued in connection with FCPA matters. In addition, Skadden has experienced U.S. counsel located in Europe to provide an on-the-ground presence and support to clients with international operations and to address FCPA matters arising in connection with international transactions. Moreover, Skadden's international reach extends to London, Paris, Frankfurt, Munich, Vienna, Tokyo, Singapore, Hong Kong and Beijing, providing experienced resources in jurisdictions where questioned business conduct is frequently being investigated. Having this cadre of international lawyers, who are versed in the local laws and can speak the local language, permits Skadden to apply the necessary resources to address FCPA issues as they arise and provides enormous cost benefits to our clients.