Overview

For targeted companies or industries, an anti-corruption investigation or prosecution inevitably leads to an interruption of business operations and often irreparable reputational damage, as well as the risk of heavy financial penalties, significant employee morale concerns, and shareholder and patient unease. In addition, for those companies who are active in joint ventures, mergers, acquisitions or other business arrangements globally, appropriate due diligence is a necessity due to the potential for acquiring the risk and liability as a result of actions taken by the new business partner.

The United States anti-corruption law, the Foreign Corrupt Practices Act (FCPA), has been the major global impetus behind such investigations and enforcement actions. However, more recently there has been an unprecedented rise in the intensity of enforcement under anti-corruption statutes in other countries, specially in Brazil. TCMB was one of the pioneer firms with an anti-corruption practice in Brazil and together with Mayer Brown’s offices in the Americas, Europe and Asia, has highly experienced lawyers who offer clients an all-embracing solution to ensure compliance with an increasingly global framework of anti-corruption statutes, and the attendant data privacy and privilege issues associated with cross-border investigations. We advise on the multiple, complex features of the Brazilian Clean Companies Act (CCA), the FCPA and the UK Bribery Act and the interplay of those with other domestic anti-corruption laws globally. Where knowledge of local laws is required, we work closely with colleagues in our international offices to ensure compliance with any applicable local laws and regulations.

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