Duane Morris LLP

The Foreign Corrupt Practices Act (FCPA) gives the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) far-reaching jurisdiction to combat foreign bribery and corruption or what they perceive to be foreign bribery and corruption. As the DOJ and the SEC continue to use the FCPA and the Dodd-Frank Act's whistleblower bounty provisions to combat corruption, nearly every company that conducts business internationally—including non-U.S. companies with contacts to U.S. markets—faces increased risk of costly investigations or enforcement actions. To minimize the FCPA risks inherent in international operations, the multidisciplinary Duane Morris FCPA Practice provides the full spectrum of preventative counseling and enforcement defense needed in today's highly scrutinized global economy.

From compliance, government investigations and business strategy counseling to representation in mergers and acquisitions and capital markets transactions, the Duane Morris FCPA Practice works closely with clients across diverse industries to prevent, identify and deter violations of anti-corruption laws. Our attorneys draw on experience gained from assisting countless companies manage FCPA issues as well as from previous service with the U.S. DOJ and SEC in high profile cases. We routinely conduct FCPA-related due diligence for M&A transactions involving multiple foreign countries as well as assist with the FCPA issues that can arise after a merger. Our work also includes conducting internal investigations of possible FCPA violations on behalf of international companies and in cooperation with enforcement agencies. These internal investigations seek to identify, address and prevent prohibited actions to reduce the risks of costly government investigations. Through vigorous review, self-reporting and strong compliance programs, our goal is to avert government enforcement agencies from taking action or minimize any fines. In cases where the government is already pursuing FCPA actions, we work closely with our clients to mount strategic defenses with the goal of quickly concluding government investigations with as minimal disruption as possible.

With an international presence that spans U.S., UK, Singapore and Vietnam, and experience around the globe, Duane Morris offers both cultural fluency and practical legal insights for companies conducting cross-border operations in the European Union, Latin America and throughout Asia. Beyond the FCPA, we also have extensive experience in helping clients comply with international anti-corruption laws and trade rules, including the new UK Bribery Act, the International Emergency Economic Powers Act (IEEPA) and the Trading with the Enemy Act (TWEA).

Representative Matters

• Represented a U.S. project-development company in a Foreign Corrupt Practices Act compliance review conducted in connection with a $2.5 billion transaction in Latin America.

• Represented a Lichtenstein corporation headquartered in the United Kingdom and the British Virgin Islands in connection with a U.S. Securities and Exchange Commission investigation into the multimillion-dollar diversion of company funds and false filings with the SEC.

• A major defense contractor into possible violations of the Foreign Corrupt Practices Act for bribing foreign officials in an award of government contracts.

• Represented the CEO and president of a subsidiary of a Fortune 500 company in a Department of Justice investigation into possible bribes of government officials in Europe in connection with the award of government contracts. The DOJ investigation was eventually closed.

• Created company-specific internal controls and policies, and implemented a training program, for a major international financial institution.

• Represented a U.S. medical device manufacturer in a Foreign Corrupt Practices Act compliance review conducted in connection with an exclusive sales agreement in Venezuela.

• Conducted an internal investigation on behalf of a Fortune 500 company into possible bribes of a European government official made through a third party. Interviewed numerous company officials in the United States and overseas and dealt with the U.S. Department of Justice. Then DOJ investigation was eventually closed.

• Represented a U.S. real estate developer involved in a real estate transaction with an African country, resulting in the sale of a New York City building being in compliance with the Foreign Corrupt Practices Act.

• Advised the vice president of a Fortune 500 oil-drilling company in dealing with violations of the Foreign Corrupt Practice Act's travel and entertainment provisions in connection with a North African venture.

• Advised a U.S. company regarding negotiating the potential Foreign Corrupt Practice Act risks connected with the potential sale of its Asian subsidiary to another U.S.-based company.

• Represented a defense contractor in a Foreign Corrupt Practices Act investigation into alleged payments made to Argentinean agents.

• Provided advice and counsel to a paper manufacturer regarding allegations by the U.S. Department Justice that payments were made to agents in South America in violation of the Foreign Corrupt Practice Act.

• Responsible for AT&T's compliance with federal import, export, anti-boycott and Foreign Corrupt Practices Act laws. Conducted investigations and provided business units with legal education programs. Interacted with the federal and international public affairs organizations.

• Have defended and investigated cases of commercial espionage, matters involving the Foreign Corrupt Practice Act, and federal and international antitrust violations.

"In my discussions with Duane Morris leaders, they frequently speak about how diversity within their firm has enabled them to better serve their diverse clients. They understand that investing in diversity is a wise business decision that positions them for the marketplace of the future."

Don Liu
Senior VP, General Counsel & Corporate Secretary
Xerox Corporation

At Duane Morris, achieving diversity is paradoxical. By supporting and celebrating the differences of our attorneys - and the individual strengths that they bring - our firm culture expands, fostering creative solutions for our clients. But diversity at Duane Morris does not mean that we have a certain number of diverse attorneys; true diversity means that it is no longer noteworthy to see diverse lawyers leading our practice groups or managing client relationships. Ascending to positions of leadership and greater responsibility and providing the highest levels of client service is simply what is expected of all our lawyers. Diversity is another strong asset that adds to our collective abilities to meet the needs of our clients.

Our vision of diversity at Duane Morris is to realize an environment in which our lawyers' outstanding qualities are not just measured by ethnicity, race, gender and sexual orientation, but more importantly, that our lawyers are remarkable as excellent attorneys above all else. Only then can we celebrate our differences while focusing on the common pursuit of legal excellence which everyone shares at Duane Morris.

To reach this goal, Duane Morris understands that the familiar diversity strategies and policies that most law firms have are needed. Without demanding results from such policies, most law firms are bound to fail in even achieving numerical hiring and retention goals. Duane Morris has been proactive and ambitious in its efforts to improve diversity at the firm, and has set deadlines for reaching the milestones which mark our progress. To create a more diverse law firm, Duane Morris is:

• Committed to strategically increasing our diversity levels, which is currently at 10 percent.
• Bringing together our Diversity Committee and our Hiring and Retention Committee to raise diversity as an important factor in our hiring decisions.
• Dedicated to improving retention by building upon our monitoring and mentoring program for all diverse associates.

Combining new initiatives with our longstanding diversity efforts, Duane Morris has seen increasingly positive results. In the Minority Law Journal's annual diversity survey of the nation's largest 260 firms, Duane Morris continued to improve its regional and national ranking, rising to number 136 of all firms surveyed. Our strides in Philadelphia are encouraging; in a city known for both the racial diversity of its population and the lack thereof in its law firms, Duane Morris is one of only two law firms to exceed the national average of minority partners at all law firms. Additionally, Duane Morris leads all national law firms based in Philadelphia in the number of Latino partners. Nearly 30 percent of all of our attorneys are women, and more than 20 percent of our partners are women.

In our approach to diversity, progress in racial, gender and cultural diversity cannot be measured in numbers alone. Duane Morris has focused our diversity initiatives on both increasing the number of diverse associates and addressing the challenges diverse attorneys face in building lasting careers and rising to senior and leadership positions. While several of our key practice groups are led by diverse partners and female partners, Duane Morris endeavors to create a culture which will foster a deep pool of such attorneys who can then develop into the firm's future leaders. Duane Morris understands that simply hiring diverse associates will not change the diversity of the firm; Duane Morris is working to mentor and retain diverse associates so that our progress in racial, gender and cultural diversity is also reflected at the highest levels of leadership within the firm.

Our progress on gender diversity has been profound. We have no glass ceilings: women hold positions of leadership at all levels of management at the firm. Women lead a number of our key practice groups, including our Energy, Immigration and International practices, and serve on the firm's Executive Committee. The success of our female attorneys at Duane Morris has not gone unnoticed. Barbara Adams was chair of the firm's Finance Practice until her appointment by Pennsylvania Governor Edward Rendell to serve as General Counsel of the Commonwealth. In 2004, our longtime General Counsel, Gene E.K. Pratter, was approved by the United States Senate and is now a judge for the U.S. District Court for the Eastern District of Pennsylvania.

Our efforts to improve diversity extend beyond our firm's walls. The chair of our Diversity Committee, Nolan N. Atkinson, Jr., recognized the lack of diversity in Philadelphia's legal community and formed the Philadelphia Diversity Law Group. Nolan now serves as the chair of the organization, a consortium of 25 law firms and corporations that commits to employing at least one diverse first-year law student each as a summer associate. From this program, law students of diverse backgrounds gain access to what was once an exclusive legal community, and now have the opportunity to learn and develop their legal careers with experience at Philadelphia's top law firms.

In addition to our involvement in the Philadelphia area, Duane Morris has increased our presence at national conferences and events focused on diversity. We sponsor the Hispanic National Bar Association and its job fair. Duane Morris is also a longtime supporter and sponsor of the Equality Forum, a national gay and lesbian rights organization. Duane Morris continues to sponsor the Minority Corporate Counsel Association, and is active in other associations of diverse attorneys including: the Asian American Bar Association of the Delaware Valley; the Charles Houston Bar Association; Cuban Bar Association; Korean American Lawyers Association; National American Indian Housing Counsel and the National Bar Association.

The challenge of improving gender, ethnic and cultural diversity at Duane Morris is an ongoing effort that has the support of the entire firm. Duane Morris has been at the vanguard in supporting gender diversity throughout the firm beginning a generation ago. Our diversity programs are leading to similar success in improving racial and national origin diversity at Duane Morris. But even as we share these examples of Duane Morris attorneys and our involvement in numerous legal events, associations and programs for diversity, our hope is that such examples will no longer be necessary to mention in the future. We hope that through our efforts, and the efforts of other law firms, these stories become so common that they are no longer the remarkable accomplishments they are today, but simply routine aspects of the legal world tomorrow.