Anti-Corruption Investigations and Compliance

Skadden has extensive experience and a deep history in advising and defending clients in matters involving the U.S. Foreign Corrupt Practices Act (FCPA) and related international laws, including the U.K. Bribery Act 2010 and laws implementing the OECD Anti-Bribery Convention and U.N. Convention Against Corruption. We have been a leader in this field for two decades, representing companies, audit and special committees, and individuals in some of the most significant enforcement matters brought by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ). 

Our attorneys are experienced in all aspects of anti-corruption matters, including internal investigations and the defense of government investigations, enforcement actions and criminal/civil proceedings. Skadden has successfully resolved numerous matters that resulted in declinations or other settlements favorable to our clients, including a rare complete victory in U.S. Securities and Exchange Commission v. Sharef et al., which decision remains a key jurisdictional holding in the FCPA space to this day.

Anti-corruption matters invariably involve multiple locations, countries and regulators. Cross-border cooperation between United States authorities and their international counterparts in these matters continues to increase, and prosecutors outside of the U.S. have made anti-corruption investigations and prosecutions a priority. Our global reach, depth and experience enable us to perform fact-finding and analysis in connection with complex business matters in every country in which our clients conduct business. Our experience in anti-corruption spans six continents and a host of industries, including life sciences, technology, telecommunications, oil and gas extraction and services, media and advertising, construction and infrastructure, food and beverage, and consumer goods. We are well-versed in the issues that arise in cross-border investigations and are experienced in successfully navigating the complicated legal landscape when business conduct results in international proceedings that require a strategically coordinated response.

Skadden also helps multinational companies develop and implement anti-bribery compliance programs and conduct anti-corruption due diligence on transactions. Our attorneys have helped numerous corporations across industries develop or enhance state-of-the-art compliance programs. We train boards, senior management and employees on anti-bribery issues. Our vast experience in compliance and investigations enables us to provide this advice in an efficient, cost-effective manner.

Skadden is among an “elite group of law firms” described by Global Investigations Review that have handled the majority of FCPA settlements since 2008, and is cited as fourth among all law firms in number of FCPA settlements handled. The firm was named The American Lawyer’s 2019 White Collar/Regulatory Litigation Department of the Year as well as the Transatlantic 2019 Investigations Team of the Year. Our team features several former SEC enforcement attorneys, including a former deputy director for enforcement and a former deputy director of legal and regulatory policy resident in Skadden’s Washington, D.C. office; several former U.S. attorneys; and a former legal advisor for the DOJ at the U.S. Embassy in Beijing. Moreover, Skadden’s international reach extends to Paris, Frankfurt, London, Munich, Tokyo, Singapore, Hong Kong, Beijing and São Paulo. Our bench of highly skilled international lawyers helps provide us with the necessary resources to address anti-bribery issues wherever and at the time they arise and offers cost efficiencies to our clients.