Bingham’s multidisciplinary team of regulatory, litigation and white collar defense lawyers has extensive experience with U.S. and U.K. regulations and statutes affecting international businesses in countries around the world, from Asia to Africa and Europe to South America.
Bingham helps U.S. and non-U.S. public and private companies, funds, and individuals navigate laws and regulations affecting international business. This includes the Foreign Corrupt Practices Act (FCPA), U.K. Bribery Act, import/export controls, sanctions, anti-money laundering and antiboycott regulations, and foreign investment national security reviews (Exon-Florio/CFIUS). Through all potential stages of transactions and investigations, our team can help you manage and defend your business.
Bingham develops and implements compliance programs designed to work with your business culture and address your business risks to stop violations before they occur and identify them quickly if they do. Examples include:
- Advising U.S.-based Fortune 500 publicly traded companies, foreign private issuers and privately held companies concerning ongoing FCPA compliance, foreign agent vetting protocols, internal controls, and training and monitoring programs
- Designing export control and sanctions compliance programs for numerous public and private companies, including a major biodefense company
- Advising numerous public and private companies on the application of U.S. sanctions laws and regulations to their business activities in the U.S. and abroad
Through transactional due diligence, we assess the risks of acquiring substantial U.S. enforcement liabilities from potential mergers and acquisitions. Experience includes:
- Negotiating special security agreements and other arrangements in the context of M&A transactions to address Foreign Ownership, Control or Influence (FOCI) issues with the U.S. government under National Industrial Security Program Operations Manual (NISPOM) requirements
- Counseling U.S. and foreign clients and also conducting pre-submission meetings with various agencies on matters relating to Exon-Florio submissions to the Committee on Foreign Investment in the United States (CFIUS)
When allegations do arise, our team of experienced lawyers is quick to mobilize around the world to get a full, fair and objective view of the facts and assist board and company management in efficiently determining the best course of action. Examples include:
- Conducting internal investigations for multinational companies in response to allegations of violations of the FCPA and U.S. sanctions laws
- Advising companies and their boards of directors in connection with such investigations regarding related disclosure obligations, remedial actions and the redesign of post-investigation compliance programs
If the DOJ, SEC or any other U.S. government agency threatens prosecution, our team is poised to provide the most effective and wide-ranging defense possible. Our group’s mastery of complex legal and evidentiary challenges inherent in international enforcement matters has helped many of our clients emerge safely from potentially harmful situations. Experience includes:
- Representing both U.S. and non-U.S. executives of numerous public companies investigated by the DOJ and SEC for alleged improper payments made to foreign officials in Asia, Africa, South America and Europe
- Representing public and private companies in connection with licensing, compliance and enforcement issues before the U.S. Departments of the Treasury, Commerce, Energy and State relating to foreign-assets control, export administration, and international traffic-in-arms laws and regulations.