The U.S. Foreign Corrupt Practices Act (FCPA) presents numerous challenges to U.S. energy companies operating outside the U.S., as well as to foreign energy companies with a U.S. business nexus. You need attorneys with experience and established relationships throughout the enforcement community in order to alleviate risks associated with the FCPA. Our first-class team of FCPA attorneys includes former senior government officials from both the U.S. Department of Justice and the SEC. Handling significant FCPA matters from both sides of the table has given our team a strong and current command of how this important statute is being enforced in today’s business environment. We know what the enforcement authorities expect—in conducting internal investigations, taking remedial actions, designing compliance programs, etc.; we have the necessary depth on our team to handle numerous, simultaneous investigations around the world; we have the experience to recognize where investigative lines may be appropriately drawn; and we have a high level of credibility with the enforcement authorities, which allows them to be confident regarding our findings and representations.
While King & Spalding has defended numerous FCPA clients across a variety of industries, the FCPA enforcement authorities’ steadfast focus on the energy industry—and our firm’s strong commitment to serving clients in this industry—has translated to significant FCPA work for energy clients. For example, we currently are conducting an internal investigation in Africa on behalf of a major energy company; we recently conducted an internal investigation for a large oil field services company involving FCPA issues in Malaysia, India, Brunei, Kazakhstan and Russia; we represent a senior officer of a major energy company in a broad investigation by the U.S. Department of Justice and the SEC; we counsel energy companies about the pros and cons of self-disclosing FCPA issues; we have assisted numerous energy companies in designing, updating and implementing FCPA compliance programs; and we have served as primary outside FCPA counsel for several energy companies, directly managing components of their internal compliance programs (e.g., performing agent due diligence, analyzing prospective interactions with foreign government officials, evaluating and drafting FCPA contract provisions, etc.).
