Litigation
Anti-Corruption & FCPA
Gibson Dunn’s Anti-Corruption and FCPA practice is renowned for its global expertise, distinguished team, and proven efficiency and success in high-stakes investigations, enforcement defense, and compliance counseling.
90+ practice lawyers in 15 offices worldwide
Tier 1-ranked by Chambers Global and Chambers USA in FCPA, one of only four firms
80+ countries where our lawyers have conducted FCPA internal investigations
Deep bench of former prosecutors and officials, including former Chief of DOJ’s FCPA Unit
Overview
Gibson Dunn is a leading law firm in the Foreign Corrupt Practices Act (FCPA) practice, renowned for its team of highly experienced lawyers, including former DOJ prosecutors and SEC enforcement attorneys, and experts in anti-corruption and compliance.
The firm conducts FCPA internal investigations globally and represents clients in investigations and enforcement proceedings before the DOJ Fraud Section, the SEC’s Enforcement Division, and other agencies, including the Serious Fraud Office.
Gibson Dunn offers the unique perspective that comes with having successfully conducted and advised on multiple FCPA monitorships, pursuant to settlements with the SEC and DOJ — a distinction shared by few law firms — in addition to three non-FCPA monitorships in the United States. The team regularly performs risk assessments, compliance program evaluations, development, and training, addressing remediation and risk mitigation in various government scrutiny scenarios with both U.S. and foreign regulators.
Gibson Dunn has been at the forefront of representing corporations across all industries and geographies, as well as their executives, in DOJ and SEC investigations involving allegations of improper payments, books and records, and internal controls violations of the FCPA since the law’s inception. This work ensures frequent contact with enforcement authorities in the United States and abroad on anti-corruption issues. Our lawyers also regularly advise clients on internal investigations of suspected anti-corruption violations.
Gibson Dunn’s expertise extends to advising boards of directors, general counsels, and senior management on company practices, compliance program enhancements, employee disciplinary actions, and remedial measures. The firm’s practice includes:
- Worldwide corruption risk assessments
- Expertise in the US, UK, EU, and Asia
- Compliance program evaluations
- Development of written policies and procedures, employee training, and reporting systems
Additionally, Gibson Dunn provides guidance on discrete anti-corruption compliance issues such as the propriety of gifts and entertainment, adequacy of due diligence, and identifying and addressing corruption risks related to corporate acquisitions, business transactions, and major financial transactions.
Our practice and its lawyers have been recognized for their work by numerous legal ranking publications. We have been recognized by Global Investigations Review as the #1 investigations firm for the last six consecutive years, and have been ranked Tier 1 by Chambers Global and Chambers USA in FCPA, one of only four firms.
“[Gibson Dunn’s] preeminent FCPA practice has deep experience across the full spectrum of anticorruption matters. Their impressive bench strength includes not only U.S.-based experts but also a number of highly skilled practitioners in foreign jurisdictions...The group is fully equipped to handle complex multijurisdictional investigations, compliance counseling and monitorships.”
Chambers USA, client quote
Experience
Recent representations include:
- Represented a major nutrition company in resolving FCPA violations with DOJ and the SEC related to alleged improper payments to officials in China. The resolution was achieved without the need for a monitor.
- Represented a major global bank in resolving FCPA related investigations by DOJ and the SEC, resulting in a deferred prosecution agreement and a settled cease-and-desist order.
- Represented a global pharmaceutical company and its former subsidiary in resolving DOJ and SEC FCPA investigations related to product sales in China and Vietnam, ultimately narrowing the focus to books and records and internal controls provisions of the FCPA.
- Negotiated a global resolution of criminal and civil FCPA charges for a major tech company and its subsidiaries, avoiding criminal charges for the parent company, omitting bribery allegations and excluding a compliance monitor.
- Successfully represented a global pharmaceutical company in resolving years-long SEC and DOJ investigations into alleged FCPA violations, securing a favorable settlement without an external monitor and a DOJ declination of criminal prosecution.
- Successfully guided a major oil and gas company through a historic settlement with the SEC and DOJ, resolving allegations of FCPA accounting provisions and securities violations without DOJ prosecution or a compliance monitor. Negotiated an administrative cease-and-desist resolution with the SEC and a non-prosecution agreement with the DOJ.
- Successfully represented U.K. companies in SEC and DOJ FCPA related investigations.
- Represented a global supplier of testing and simulation systems in a SEC/DOJ investigation into possible FCPA violations in its Asia operations, concluding without any enforcement action, and with formal declinations issued by both agencies.
- Conducted an internal investigation in various locales in Mexico on behalf of an oilfield services company to resolve possible FCPA and internal controls issues identified during acquisition due diligence.
- Conducted an FCPA risk assessment for a U.S.-based engineering company, advised the company regarding its Internal Audit Program Development Project, and provided guidance relating to its FCPA activities in Russia and the UAE arising out of an acquisition.