Foreign Corrupt Practices Act

Compliance with the Foreign Corrupt Practices Act (FCPA) is a critical business issue for international companies with operations in the United States. Government investigations and enforcement actions resulting from alleged violations of the FCPA can be a financial liability and place an unwelcome public spotlight on a company’s management. Goodwin Procter’s Foreign Corrupt Practices Act team, which includes a number of former federal prosecutors, has extensive experience investigating and defending against FCPA allegations.

Our experience includes representing corporations, special committees, and individuals in internal investigations and enforcement actions before the SEC and DOJ arising under the Foreign Corrupt Practices Act and other anti-corruption laws. We represent domestic and international clients in FCPA matters arising across the globe, including countries in Asia, Africa, Europe, and the Americas. To achieve optimal results, we work closely with the client’s internal audit and risk management teams. We also have extensive experience in developing anti-corruption policies and implementing appropriate compliance programs to ensure that our clients’ operations meet the highest ethical standards.

The Legal 500 US

Recognized as a leading White Collar firm
Global Investigations Review 100

Ranked as a leading cross-border investigations practice.

Companies involved in cross-border transactions face numerous regulatory hurdles relating to issues such as the export and re-export of sensitive goods and technologies; investments and other dealings having national security implications; and relationships with persons and entities that may be governed by U.S. economic sanctions, anti-money laundering and anti-corruption laws. Goodwin’s National Security and Foreign Trade Regulation practice is adept at navigating these hurdles for our clients, who are engaged in a variety of businesses and industry sectors, including technology, clean technology, financial services, transportation, real estate, energy, and defense manufacturing, among others.

For many companies, government investigations and enforcement actions are an unfortunate reality in today’s world. How you respond to and manage these matters can help to mitigate disruption and keep your business on track, and you need a partner who is intimately familiar with navigating these murky waters. Goodwin has extensive experience responding to government investigations, defending enforcement actions, and managing administrative, criminal, and private proceedings. We represent our companies, directors and audit committees in investigations relating to securities fraud, the FCPA, the False Claims Act, healthcare fraud, whistleblower allegations and alleged violations of financial lending regulations. And in the event an enforcement action proceeds, we advocate for our clients before the government on a daily basis, responding to investigation requests, negotiating the resolution of enforcement actions and advocating for our clients before a wide range of federal and state agencies, including the SEC, DOJ, CFPB, and U.S. Attorneys’ Offices and state attorneys general.

Whistleblowers and the U.S. Department of Justice use the False Claims Act (FCA) to extract damages and civil penalties, which pose a significant threat to many corporations.

State attorneys general are conducting investigations and asserting claims under state laws modeled around the federal FCA, and more qui tam actions are being filed each year as the opportunity for significant whistleblower monetary awards increases.

Our FCA attorneys represent companies and their officers, directors, and employees in complex criminal fraud investigations, internal investigations, and civil and qui tam litigation . We have handled cases and investigations in numerous industries, including government contract, health care, pharmaceuticals and life sciences.

When a company is faced with a securities class action or shareholder derivative litigation, they need a partner who understands what is at stake and can think outside the box to achieve resolution. Goodwin’s deep experience, creative thinking and tenacity has led to our involvement in precedent-setting securities cases in courts across the country. The results we achieve are best of breed and have helped shape the law nationally, including outright dismissals of billions of dollars in putative class action and shareholder derivative claims. Our cases range from defending high tech and biotech companies in class action securities fraud litigation brought following restatements of earnings or the release of bad business news, to resolving shareholder derivative challenges, to multibillion dollar mergers and acquisitions.

Whether you’re a chief executive officer or member of the board, knowing what to do and having the right partner when the government comes knocking can mean the difference between quiet resolution or a very public indictment. Fortune 500 companies, corporate executives, directors and other individual business leaders repeatedly turn to Goodwin when faced with the most sensitive, complex and potentially damaging white collar litigation. That’s because we’ve successfully represented clients in many of the most high profile white collar matters in recent memory. We can do the same for you.

National Security + Foreign Trade Regulation

Government Investigations + Enforcement

False Claims Act

Whistleblowers and the U.S. Department of Justice use the False Claims Act (FCA) to extract damages and civil penalties, which pose a significant threat to many corporations.

Securities + Shareholder Litigation

White Collar Defense