Multinational companies face growing legal challenges around the world. Fines levied against corporations by various national regulatory agencies are on the rise and enforcement activity is growing. Crimes ranging from bribery and money laundering to sanctions and securities violations and fraud are all drawing more attention. As individual countries aggressively seek to regulate conduct beyond their borders, cooperation and information-sharing by law enforcement and regulatory authorities around the world is intensifying.
Our global team regularly handles a wide range of complex, high-stakes and multijurisdictional legal matters. We address the risks and complexities arising from investigations and enforcement actions. With our global footprint, experience and skill, we provide comprehensive and cost-effective representation and advice to clients facing exposure to civil and criminal liability, whether in a single jurisdiction or across many. Our team includes former regulators and prosecutors from a number of agencies, including the US Department of Justice, US Securities and Exchange Commission, State Prosecutor's Offices in France, Public Prosecutor's Offices in Germany, and UK Financial Services Authority (predecessor to the Financial Conduct Authority).
Our experience covers every phase of corporate compliance and regulatory enforcement. We provide advice and representation related to risk assessments, compliance reviews, compliance programs, investigations, and civil and criminal enforcement matters and associated civil claims. We also advise on the application of global sanctions, export controls, and national securities regulations - areas of law that change frequently. We assist companies in key areas of regulatory focus, such as money laundering and anti-corruption, including under the US Foreign Corrupt Practices Act (FCPA), UK Bribery Act, and Office of Foreign Assets Control (OFAC) statutes and regulations.
We offer clients the benefit of seamless coordination among multiple offices and practice areas to address their needs. With our worldwide data protection and privacy experience, we can handle these matters in accordance with increasingly complicated rules in this area. Our local law experience and language skills in numerous countries also allows for efficient and cost-effective representation. We have also built a track record of working closely with internal company legal, audit and management teams, reducing costs and minimizing the disruption that results from investigations.
In the United States, our lawyers have extensive experience with oversight agencies and offices at the state and federal levels. Beyond the United States, we assist clients with matters involving agencies across the globe, including in the United Kingdom (Financial Conduct Authority), France (Autorité des Marchés Financiers), Germany (Bundesbank and BaFin), and elsewhere in Europe, Latin America and Asia.
White & Case has recently launched a Global White Collar Crime Survey, in conjunction with the University of Manchester. The survey is aimed at understanding and comparing what anti-bribery measures are in place, and the awareness of and attitudes towards bribery and corruption issues at businesses operating in a variety of industry sectors and jurisdictions.
To participate in the anonymous survey, please click here.
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Special Litigation Committee of the Board of Directors of a Fortune 25 company
Representation of the Special Litigation Committee of the Board of Directors of a Fortune 25 company. The Board received a shareholder derivative demand that it commence proceedings against various officers, directors and external advisors in connection with addressing highly publicized transactions and financial reporting. We thoroughly investigated the allegations, and advised the special committee with respect to its response to the shareholder demand.
Audit committee of a paper products and packaging manufacturer
Representation of the audit committee of a US paper products and packaging manufacturer in an internal investigation into possible violations of company policies by senior executives regarding the reporting of corporate gift income.
Audit committee of international telecom company
Representation of the audit committee of a European-based publicly-traded multinational telecommunications company in an internal investigation of possible FCPA violations involving transactions in multiple countries and before US and foreign regulators.
Leading global financial institution
Representation of a leading global financial institution in investigations by the French, UK, US and Asian regulatory authorities into the setting of LIBOR, EURIBOR and other benchmark rates.
Publicly-traded multinational corporation
Representation of a publicly-traded multinational technology corporation in connection with a US Department of Justice/Securities & Exchange Commission investigation into possible FCPA violations related to the operations of a European subsidiary.
Senior management of global financial institution
Representation of senior management and business officials in connection with criminal and civil investigations by US Department of Justice, New York District Attorney, New York Department of Financial Services and the Federal Reserve Bank of New York into OFAC and reporting violations of a foreign bank allegedly engaged in transactions with countries sanctioned by OFAC. Representation included Mutual Legal Assistance Treaty (MLAT) proceedings in the EU, and criminal law proceedings before US and New York State law enforcement agencies.
Private equity fund
Representation of the Board of Directors of a US private equity fund in an internal investigation involving possible FCPA violations by the Latin American subsidiary of a US portfolio company.
Representation of a publicly-traded, multinational conglomerate in a global, risk-based FCPA compliance audit of operations in more than 70 countries and related internal investigations at numerous subsidiaries, including in the manufacturing services and healthcare sectors.
Multinational chemical company
Representation of a US-based multinational chemical company in an investigation by the Department of Justice and Department of Homeland Security into possible violations of the False Claims Act and US customs laws.
International commodities company
Representation of a South American-based international commodities company publicly-traded on US and foreign exchanges, in connection with a Securities & Exchange Commission accounting and reporting fraud investigation, Section 10b class action federal court proceedings, and a home country regulatory investigation.