Anti-Corruption Compliance

The intrinsic global nature of a robust IP portfolio inevitably leads to D&A working with clients who are deploying IP across multiple jurisdictional and technological domains. As your business develops more and more sophisticated relationships worldwide, unsuspecting enterprises can inadvertently wander into a quagmire of international regulations and statutes that can bring a promising project to a grinding halt. Often, these snares arise when the business is unaware of local practices and requirements that cause them to trigger anti-corruption/anti-competition violations. Beyond the damage to a project’s viability and to the business’s reputation, many of these statutes provide for criminal penalties for corporate officers that can reach past the borders of the countries that enforce them!  

In this climate of increasing global enforcement, it is critical that companies and individuals involved in international business transactions understand and comply with provisions of anti-corruption laws, as well as those related to economic sanctions and export control regulations.  

D&A attorneys have specific expertise in handling:

  • Anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act
  • Economic sanctions and export control regulations, including those enforced by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce
  • Anti-money laundering and anti-boycott laws enforced by OFAC and BIS

We can guide you past the pitfalls of international enforcement policies to ensure compliance with all applicable laws and can put in place a monitoring and auditing program that will identify and avoid future obstacles.

This involves implementing solutions such as:

  • Criminal, civil and administrative investigations and enforcement actions conducted by federal and state law enforcement, as well as by foreign governments
  • Internal investigations
  • Design and implementation of a customized global compliance programs
  • Counseling and due diligence regarding risks involved in multinational transactions