Foreign Corrupt Practices Act & Anti-Corruption


In today’s global economy, companies must know how to evaluate the risks and opportunities of forging business alliances throughout the world. These concerns are heightened by the potential for corruption and the increased oversight and regulations of the U.S. government and international communities, including the possible investigation and prosecution of corporate officers and employees.

Whether you’re a public or private multinational, subsidiary, or affiliate (including Board of Directors, Audit Committee, officer, director, and employee), Blank Rome’s attorneys can advise you on the scope, meaning, and application of the Foreign Corrupt Practices Act (“FCPA”), UK Bribery Act (“UKBA”), and other related anti-corruption laws.

We know all aspects of FCPA enforcement and compliance and have conducted anti-corruption internal investigations in most industries and in most parts of the world. We consult with a global counsel network on local commercial, investment, tax, and other laws to ensure our clients receive correct advice consistent with their overall goals.

Our team’s knowledge of the legal landscape, and the government agencies shaping it, enables us to provide reliable insight on all of a company’s anti-corruption efforts—from compliance controls to internal investigations to handling regulators.

How We Can Help


We design and implement comprehensive compliance programs to prevent and detect potential anti-corruption risks specific to a region, industry, operation, or business enterprise. In addition, we draft and review contracts with agents, distributors, and other third parties to include provisions that adhere to anti-corruption standards that our clients can monitor.

Due Diligence

Our attorneys conduct due diligence investigations covering all third parties, activity prior to contract awards, suspicious employee conduct, expense documentation, and other red flags. Both prior to and following a merger or an acquisition, we provide strategic advice to reduce the risk from any undiscovered corruption, develop post-acquisition integration plans, and assign liabilities post-transaction.

Counseling Corporations

We review proposed transactions, contracts, and contemplated relationships to determine whether they pose an undue FCPA or corruption risk. We provide real-time advice allowing our clients to maintain their competitive edge while ensuring adequate protection. We also proactively counsel companies in addressing the termination of third parties for violations of anti-corruption clauses and laws generally.

Insurance Policy Audits

We regularly audit our clients’ insurance portfolios to provide strategic advice regarding ways to maximize the availability of insurance recovery in the event a claim arises.


Our team conducts investigations for public issuers and privately held firms, obtaining the facts while deftly managing the myriad issues including attorney-client privilege, privacy restrictions and other local legal considerations, electronic data preservation, and the distinct roles of in-house counsel, senior management, and the board of directors, including audit or special committees of the board. We assess with our clients whether it’s in their best interests to disclose the results of an investigation to regulators.

Representation before the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”)

When clients face potential prosecution, regulatory action, or need to evaluate the pros and cons of the voluntarily disclosure of an internal investigation, we determine their exposure and develop strategies to prevent or reduce charges and/or negotiate a quick and favorable disposition. Our team consists of former high-level supervisors from U.S. Attorney’s Offices, the DOJ, and the SEC, who fully understand the inner workings of prosecutorial and regulatory agencies around the world and effectively advocate for our clients.

Insurance Recovery

We help our clients assert and pursue insurance claims including those that may potentially respond to an alleged FCPA violations. Our team can tell you how and when to assert an insurance claim and what rights you may have under your insurance policies.


  • Designed and implemented comprehensive FCPA compliance programs to prevent and detect potential anti-corruption risks for numerous companies, including (1) developing compliance policies and training programs, and (2) drafting and reviewing contracts with agents, distributors, and other third parties to ensure they include provisions that require adherence to applicable anti-corruption standards and provide clients with the ability to monitor compliance.
  • Represented companies before the DOJ, SEC, and State Attorneys General’s Offices. Representation included conducting internal investigations, implementing remedial measures, and negotiating resolutions.
  • Represented a company in the aerospace industry in an FCPA matter that resulted in a non-prosecution agreement, no compliance monitor, and a substantial reduction in the amount of the potential fine. The representation included the successful implementation of the compliance terms of the agreement which included annual reviews to assess the company’s anti-corruption compliance and the submission of an annual report to the DOJ.
  • Represented several multinational corporations in conducting proactive FCPA risk assessments with remedial steps and FCPA due diligence on M&A and joint venture transactions.
  • Represented a biochemical company in an FCPA matter that resulted in a non-prosecution agreement, combined fine, and disgorgement payment less than the amount the company had reserved, and no compliance monitor.
  • Represented the boards of directors of some of the largest publicly-traded companies on matters related to compliance, risk assessment, oversight (including conducting FCPA internal investigations), and settlement negotiations with the DOJ and the SEC.
  • Conducted FCPA due diligence of Norwegian marine company—particularly its Brazilian- and Houston-based operations—in preparation for its acquisition.
  • Represented a Fortune 100 company in an internal investigation of one of their non-U.S. subsidiaries involving allegations of FCPA violations in Africa.
  • Represented a CFO of a major oil and gas company in an investigation by the DOJ and SEC involving allegations of FCPA and trade sanctions violations.
  • Represented a multinational electronic services corporation in an internal investigation involving allegations of violations of the FCPA in Indonesia and the Philippines.
  • Represented a major multinational heat parts manufacturer in an internal investigation involving allegations of commercial bribery and violations of the FCPA in China.
  • Represented a European trading company in an FCPA investigation resulting in no charges being brought against the company.
  • Represented a major international pharmaceutical company by providing FCPA advice and conducting internal investigations into allegations of FCPA violations in Asia, South America, and Europe.
  • Represented an international defense and commercial aviation company in an investigation of its foreign subsidiaries and their sales in India, the Middle East, and elsewhere, which resulted in simultaneous disclosures to the U.S. Department of Justice and the UK Serious Fraud Office, both of which declined to prosecute based on counsel’s investigation and the company’s pre-disclosure remedial steps.
  • Represented a U.S.-based energy company in an internal investigation related to FCPA charges arising from the operations of its foreign affiliates.


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