Baker Botts lawyers in the Corporate Investigations and Government Enforcement and International Trade Practice areas have been advising clients across industries on anti-corruption matters since the 1980s. We represent companies, Boards of Directors, Audit Committees and individual employees. The matters range from routine counseling, to due diligence in acquisitions, investments and third party arrangements, to investigations, to defense of clients in U.S. and non-U.S. civil and criminal enforcement matters. While much of the focus in years past was based solely on U.S. laws, such as the FCPA anti-bribery and books and records provisions and the U.S. Travel Act, our team increasingly represents clients who face multi-jurisdictional anti-corruption risk in countries around the globe. We are well versed in the complexities that arise in these types of matters and aim to help our clients understand the full spectrum of risk, while finding solutions to problems that may arise.
- Corporate Investigations and Enforcement Matters
We believe in targeted investigations with defined objectives and have the experience needed to design practical and strategic approaches to assess potentially high risk issues. Our team includes former federal and state prosecutors and SEC enforcement lawyers, national security experts, and regulatory specialists. We have conducted many cross-border investigations in countries all over the world to identify, isolate and evaluate potential violations of law and to work with clients to remediate those problems. As necessary, we defend clients before U.S. and non-U.S. regulators, including the U.S. Department of Justice and the Securities and Exchange Commission. Our team has a strong track record in defending clients before the DOJ, SEC and other regulators from declinations to non-prosecution agreements and deferred prosecution agreements, substantially reduced penalties and other favorable terms. We work with our clients and with teams from Baker Botts and other legal and non-legal professionals to evaluate financial reporting obligations and disclosure requirements, defend against shareholder derivative and whistleblower lawsuits, assess and defend against potential debarment sanctions, develop solutions to complex employment, insurance and commercial challenges presented, as well as to evaluate tailored remediation steps to move the company forward.
- Global Compliance Risk Management
We believe that prevention goes a long way to avoid expensive problems down the road. While our team has handled many significant matters involving government enforcement agencies, our team also has focused on helping clients identify and address anti-corruption challenges before they reach the government. Clients turn to us to assess global compliance programs, as well as specific anti-corruption compliance questions that arise from employee complaints, periodic compliance reporting, whistleblowers, business and compliance risk assessments, due diligence in connection with M&A, investment, and business partner arrangements.
- Due Diligence in Corporate Transactions
Our Corporate Investigations and Government Enforcement and International Trade teams regularly conduct and advise clients in third party, M&A, investment and joint venture transaction due diligence, an area of significant anti-corruption enforcement and business risk. Our teams work closely with our Corporate, Finance and Commercial lawyers to assess and minimize anti-corruption and other international regulatory risk areas (such as export control, trade sanctions and money laundering) related to the transaction to create a unified approach and to develop strong integration, training and monitoring plans once the deal has closed.