Anti-Bribery & Corruption

Providing local and cross-border anti-bribery and corruption advice

Our global corporate crime team has extensive experience of advising clients across industry sectors in relation to local and cross-border bribery and corruption compliance issues and related internal and regulator or prosecution authority investigations and litigation. This requires a wider skill-set than simply knowing the law; we have the strategic and commercial implications front of mind and offer broader reputational and crisis management expertise, such as dealing with investor and public relations, insurance and employment issues and enforcement agencies.

The results of an investigation may have material business and reputational impact both for the company and individuals within it. We advise boards and senior management committees on their obligations and responsibilities, corporate governance requirements and fiduciary duties as they arise in the course of investigations and as a matter of best practice.

Expert advisers on global anti-bribery and corruption compliance

We have significant experience globally in developing or transforming existing compliance programmes into effective global programmes. We assist companies with embedding an anti-bribery and corruption compliance culture by developing a workable international framework and providing accessible internal education such as e-learning and webinars, face to face training and internal audit and monitoring programmes. Our integrated Legal Process Improvement specialists work with our clients to map and improve compliance processes, and operationalise improvements to anti-bribery and corruption programmes.

Assisting with risk assessments and due diligence on new market entry and investments

We regularly assist companies in undertaking anti-bribery and corruption risk assessments, in particular when entering into a challenging market or contracting with a high-risk counterparty. We advise on proportionate risk-based due diligence of contractual partners and the inclusion in contracts of tailored anti-bribery and corruption warranties, indemnities and audit, investigation and termination rights. We have the expertise to advise on the seriousness of the risk and whether or not it can be appropriately mitigated.

Bribery and corruption investigations

Our expert investigation teams across the globe partner with clients to investigate bribery and corruption, whether revealed by whistleblowing, an issue spotted through a routine audit, or prompted by a regulator or prosecutor. Our investigations routinely involve working across numerous jurisdictions, requiring compliance with applicable statutory, regulatory and other legal requirements and dealing with varied regulators and enforcement agencies. We target the key issues from the outset, driving an approach which is proportionate yet robust. We have front of mind the business impact of an investigation and its output, and work with our clients to address the risks arising from market and accounting disclosures, disciplinary proceedings and ensuing litigation brought by enforcement authorities or third parties.

Our experience includes:

• Advising in relation to one of the largest anti-bribery investigation to date by the US Securities and Exchange Commission and the German Federal Prosecutor. Our work included extensive internal investigations into the company’s involvement in a number of African jurisdictions and projects;
• Advising on, and conducting, a multi-jurisdictional investigation, spanning Australia, the US, the EU and Middle Eastern jurisdictions, into potential fraud, bribery and breach of trade sanctions within the Middle Eastern subsidiary of an Australian joint venture;
• Advising potential investors in an oil and gas company on an investigation into the provenance of an oil and gas exploration licence obtained from an African state including payments made to an intermediary with close connections to foreign public officials in relation to the licence;
• Advising on the investigation of allegations of employees paying kickbacks to government officials in the Philippines;
• Advising an international telecoms company on allegations of payments made by a joint venture partner to public officials in South America to acquire a licence, including conducting an internal investigation and advising on reporting to enforcement agencies in Europe and the US;
• Advising a global transport corporate on a multi-jurisdictional investigation into allegations of bribery by a local agent in connection with the award of contracts for the operation of transportation systems;
• Advising a UK oil and gas exploration company in relation to an investigation into bribery payments made within Indonesia;
• Advising a major regional food and beverage company an investigation into allegations of corruption within its business in Singapore;
• Advising an Australian manufacturing company in relation to multiple instances of alleged bribery in connection to a significant public infrastructure development in Brisbane;
• Advising a European bank on an internal investigation into bribery and corruption by intermediaries and reporting suspected corruption and money laundering to the Serious Fraud Office, National Crime Agency and Financial Conduct Authority and equivalent authorities in Spain; and
• Advising a Japanese trading house on international corruption investigations involving the US DOJ, the UK SFO and the Nigerian EFCC, arising out of transactions in Africa and the Middle East.