Foreign Corrupt Practices Act

Holland & Knight is a leader in representing and counseling companies on matters involving the Foreign Corrupt Practices Act (FCPA). Don Zarin, the head of the FCPA Team and co-head of the International Trade Practice Group, is a nationally recognized authority in this field. He is the author of Doing Business Under the Foreign Corrupt Practices Act, a leading textbook on this subject. He and other team members have counseled U.S. and foreign companies on a myriad of different factual and legal situations; established compliance programs and conducted training for U.S. and foreign companies; lectured extensively throughout the world on FCPA and anticorruption practices; and conducted internal investigations around the world on FCPA matters.

There are two components to Holland & Knight's FCPA practices: counseling and compliance, and internal investigations and enforcement.

Counseling and Compliance

Holland & Knight has extensive experience in representing and counseling U.S. and foreign companies with regard to anticorruption-related issues. The FCPA Team represents U.S. and foreign companies of all sizes, from the very small to the Fortune Five, and from all industries around the globe. There are few corruption-related factual scenarios which members of the FCPA Team have not confronted. The team brings a practical, real world approach tailored to the issues and needs of your company.

Holland & Knight provides legal counsel to U.S. companies on day-to-day issues, has drafted numerous compliance programs and held training seminars for U.S. and foreign companies, and conducted internal investigations on potential corruption matters throughout the world.

Holland & Knight's corruption-related experiences and activities include:

• counsel to foreign government in major FCPA criminal investigation
• acting as worldwide counsel to numerous Fortune 500 companies on a wide range of complex factual situations involving corruption issues
• preparing numerous legal opinions for U.S. companies on FCPA matters
• establishing compliance programs for U.S. and foreign companies
• conducting training seminars for U.S. and foreign companies throughout the world, including internal audit teams
• preparing case studies for training programs
• conducting FCPA due diligence on pending acquisitions
• lecturing worldwide on corruption-related matters
• acting as private sector representative in meetings with the OECD Secretariat and representatives from the United Kingdom and France regarding the OECD evaluation of U.S. implementation of the FCPA
• advising and establishing compliance programs for foreign companies in the Organization for Economic Co-operation and Development (OECD) countries to ensure compliance with their country's recently enacted corruption laws implemented pursuant to the OECD Convention on Transnational Bribery

Internal Investigations and Enforcement

Members of the FCPA Team have years of experience representing companies in FCPA enforcement and white collar criminal defense matters and have conducted numerous internal investigations on anticorruption activities all over the world, including Pakistan, India, Nepal, Russia, Iraq, People's Republic of China, Hong Kong, Taiwan, Japan, Thailand, Indonesia, United Arab Emirates, Saudi Arabia, Mexico, Colombia, Brazil, Italy, France, Spain, Nigeria, Croatia, Slovenia, Serbia and Bosnia.

FCPA Team member's representation of corruption-related enforcement matters and internal investigations include the following:

• represented Special Committee of public company in internal investigation of corruption involving Latin America and representation before the Department of Justice/SEC
• represented a number of large public companies in FCPA enforcement investigations. In each instance, the investigation ended without any prosecution
• represented contractors in enforcement proceedings before the Sanctions Committee of the World Bank
• represented U.S. company and its foreign subsidiaries in internal investigation involving corruption-related activities in Slovenia, Croatia, Serbia, Bosnia and the Republic of Srpska
• represented U.S. company in major corruption scandal and investigation in the Philippines in very large infrastructure project
• represented Audit Committee of U.S. chemical company in internal investigation involving bribery of foreign officials, commercial bribery, and violations of local laws in numerous countries throughout Western and Eastern Europe, as well as Mexico, Colombia, People's Republic of China, Hong Kong, Taiwan and South Korea
• represented U.S. company in internal investigation involving corruption-related activity at a major infrastructure project in Indonesia
• represented U.S. company and its Indian subsidiary in internal investigation involving corruption-related activities arising from the sale of medical products in India
• represented U.S. company and its foreign subsidiaries in internal investigations arising from potential corruption activities in the People's Republic of China, Hong Kong and Taiwan with regard to the sale of certain medical equipment
• represented U.S. company in internal investigation involving corruption activities arising from the conduct of its distributor in Pakistan
• represented U.S. company and its foreign subsidiaries in internal investigation involving potential corruption activities by a sales agent for the tender and award of a major equipment purchase in Nepal
• represented U.S. company in internal investigation regarding potential corruption activities in Saudi Arabia
• represented U.S. company in internal investigation regarding potential corruption activities in Italy
• represented U.S. company and its foreign subsidiaries in internal investigation regarding corruption activities arising from the practice of paying travel and lodging expenses for officials of the People's Republic of China
• represented U.S. company and its foreign subsidiary in an internal investigation regarding corruption activities arising from the sale of medical products in Japan