Greenberg Traurig, LLP

  • Established in 1967
  • Firm Size 2041
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    4.8/5.0 (924)
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Foreign Corrupt Practices Act (FCPA) & Global Anti-Corruption

Greenberg Traurig's Global Anti-Corruption Group is a multi-disciplinary team of global governance, compliance, economic crime, securities, and corporate lawyers with extensive experience in evaluating, designing, enhancing, monitoring and defending global corporations’ anti-corruption compliance programs based on international laws and standards, including the Foreign Corrupt Practices Act (FCPA). The team’s experience also includes conducting corruption-related M&A due diligence, internal investigations (frequently multi-jurisdictional), risk assessments, compliance assessments and program implementation efforts (such as training) both in the U.S. and abroad. We also represent clients before the U.S. Department of Justice (DOJ), the U.S. Securities and Exchange Commission (SEC), and non-U.S. enforcement agencies, as well as World Bank, and regional Development Banks in enforcement actions. The Group consists of numerous well-qualified professionals, including many with local language and law knowledge in various countries. The Group members frequently collaborate, enabling us to staff matters both effectively and efficiently to the benefit of our clients. We are able to tailor a team to best address a project’s and client’s needs, whether that means a handful of qualified attorneys or dozens in multiple jurisdictions.

GT offers a unique combination of capabilities, specifically handling and advising on:

  • Anti-corruption investigations and enforcement matters
  • Anti-corruption laws, regulations and compliance programs
  • World Bank compliance matters

Key features of our practice include:

  • Expertise - Unique combination of litigation and compliance professionals who work seamlessly together to achieve meaningful results for clients.
  • Proven results in cutting edge cases - We make every effort to assist clients to prevent violations, and when violations do occur, to resolve them with minimal financial or reputational harm. Many of our biggest successes are not publicized, because they involve declinations or other dispositions without charges or formal settlements with enforcement agencies.
  • International legal and language knowledge - We have local professionals experienced in advising on local anticorruption laws, as well as language skills in high risk markets, such as Mexico and China.
  • Capacity – We have a significant number of well-qualified professionals, which allows us to take on large, multijurisdictional matters.

Effective Anti-Corruption Compliance Programs

Designing, implementing, and monitoring an anticorruption compliance program requires a sophisticated analysis of the corruption risks that arise in the company’s business environment. Among other factors, compliance policies and procedures must take into account the size of the organization, countries of operation, the nature of the client’s business and business objectives, existing business processes, and the requirements of both local and foreign governments’ expectations regarding compliance. GT works with clients to plan compliance projects, appropriately taking these considerations into account. A meaningful, risk-based anti-corruption compliance program must also be implemented based on both sound legal judgment and common sense, which GT's lawyers bring to each engagement.

In the current enforcement environment, companies operating internationally should have an effective anti-corruption compliance program that tracks the requirements of the U.S. Department of Justice (DOJ) Sentencing Guidelines, the U.S. DOJ and the U.S. Securities and Exchange Commission (SEC) Resource Guide and the Organisation for Economic Co-operation and Development (OECD) Good Practice Guidance on Internal Controls, Ethics and Compliance (2010). GT has significant experience assessing and enhancing compliance programs consistent with these standards.

Maintaining an effective compliance program is important for several reasons. Primarily, implementation of an effective compliance program allows a company to operate in compliance with the law by preventing and detecting corrupt activity. Furthermore, the effectiveness of a company’s compliance program is a critical element of an enforcement agency’s decision whether to bring an enforcement case. For example, enforcement agencies have declined prosecutions for companies with a “robust compliance program” (extensive compliance organization, thorough training of employees, financial controls, and due diligence on business partners, among other elements). Additionally, in the event that an enforcement action is initiated, the existence of an effective program can significantly reduce the ultimate penalties imposed. Finally, adherence to an effective compliance program enhances an organization’s international business opportunities by preventing (or rescinding) debarment and suspension measures, and demonstrating to potential partners a commitment to high standards of ethical and legal conduct.

Defending FCPA and Corruption-Related Allegations

Most countries’ laws prohibit bribery of local government officials, as well as bribery of foreign government officials. The most heavily-enforced of these is the FCPA, which broadly prohibits bribery of non-U.S. government officials by U.S. issuers, domestic concerns and certain other persons. The FCPA anti-bribery provisions prohibit not only monetary payments, but any offer, promise, or gift of anything of value, whether tangible or intangible. Thus, the FCPA can be violated even if nothing is actually given or paid to a government official. Furthermore, the FCPA provides no de minimis exception for the value promised or conferred. The FCPA also requires U.S. issuers to maintain accurate books and records and reasonable accounting controls. Failure to do so, can subject a company to significant penalties.

Violations of the FCPA can lead to both criminal and civil penalties (including disgorgement of profits), with dual enforcement jurisdiction vested in the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC). U.S. authorities have become increasingly active in FCPA enforcement. In the most recent series of high-profile cases, including enforcement actions, the DOJ and the SEC have imposed penalties running to the hundreds of millions of dollars. Penalties in excess of $100 million have become almost commonplace.

The FCPA has significant extraterritorial reach. It applies to any company that either has a class of securities registered pursuant to section 12 of the Securities Exchange Act of 1934 or that is required to file reports with the SEC pursuant to section 15(d) of the Exchange Act, including non-U.S. companies that have securities listed on U.S. exchanges. In addition, the FCPA not only applies to the company, but also to any stockholder, officer, director, employee, or agent acting on its behalf. As is the case with U.S. companies, enforcement actions against non-U.S. entities and individuals have increased dramatically in recent years. Although the FCPA generally does not apply to a non-U.S. subsidiary of an issuer or domestic concern, the U.S. parent company, under certain circumstances, can be held responsible for bribery by its subsidiary. Issuers are also responsible for ensuring that their non-U.S. subsidiaries comply with the FCPA books and records provisions.

GT has significant experience both in investigating allegations of corruption and defending allegations before the relevant enforcement agencies.  Many of our most significant representations have resulted in declinations—meaning no prosecution or penalties were imposed.

The Global Anti-Corruption Team includes attorneys with deep international trade experience. Our attorneys are familiar with import and export laws and regulations, and generally how international commerce and logistics function. Accordingly, we bring extensive practical expertise to examinations of FCPA and anti-corruption allegations.  Governmental touch-points, corruption risks and other regulatory concerns converge in international commercial activities, such as the clearance of goods through customs, use of local agents to bid on government procurement projects, and U.S. government reporting requirements for disclosure of commission payments to agents used in sale and export of defense articles and services. We are able to adeptly spot these issues in investigations, risk assessments, compliance assessments and due diligence matters.

We have significant experience working with companies under a DOJ or court-ordered monitor (domestic kickback, fraud or other allegations). Furthermore, we have worked with various clients in enforcement proceedings before the DOJ, where we have simultaneously worked to enhance and implement the companies’ compliance programs. In so doing, we have assisted the companies to successfully enhance their programs, and communicate the enhancements to the DOJ such that the DOJ refrains from imposing a monitor. We have a solid understanding of not only a monitor’s obligations, but also the government expectations for both a monitor and a company acting under a monitor. Moreover, we have stellar experience and judgment in coordinating communications between a company and its monitor, as well as between a company and the enforcement agencies.

Our lawyers have handled matters in the following countries, among others:
           
Angola
Argentina
Australia
Bahamas
Bahrain
Bangladesh
Barbados
Botswana
Brazil
Canada
Chile
China
Columbia
Costa Rica
Ecuador
El Salvador
Egypt
France
Gabon
Georgia
Germany
Ghana
Greece
Guatemala
Honduras
Hong Kong
India
Indonesia
Iraq
Israel
Italy
Japan
Kazakhstan
Kuwait
Lesotho
Lebanon
Macau
Malawi
Malaysia
Mauritius
Mexico
Montenegro
Morocco
Mozambique
Namibia
Nepa
Netherlands
Nicaragua
Nigeria
Oman
Pakistan
Panama
Peru
Philippines
Poland
Russia
Saudi Arabia
Singapore
South Africa
South Korea
Spain
Sri Lanka
Swaziland
Switzerland
Tanzania
Thailand
Turkey
Uganda
Ukraine
United Arab Emirates
United Kingdom
United States
Venezuela
Vietnam
Zambia

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Shareholder; Chair, Class and Collective Action Group; Co-Chair, Global Labor & Employment Practice  

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Peer Reviews

4.8/5.0 (924 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
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    4.8/5.0
  • 5.0/5.0 Review for Ginger Pigott by a Partner on 05/16/13 in Products Liability

    Ginger is a very experienced litigator. She carefully analyzes and prepares her cases. She is a tough litigator and negotiator. In addition, she has a nice touch with witnesses on both sides of the case. Would recommend her to any client, and I'd... Read more

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    Ginger is a very experienced litigator. She carefully analyzes and prepares her cases. She is a tough litigator and negotiator. In addition, she has a nice touch with witnesses on both sides of the case. Would recommend her to any client, and I'd work with her on any case. Read less

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  • 5.0/5.0 Review for David Freylikhman by a Of Counsel on 09/16/12 in Real Estate

    Mr. Freylikhman is a creative thinker, and his expertise in his practice area increases every day. He is passionate about his work and it phous.

    Mr. Freylikhman is a creative thinker, and his expertise in his practice area increases every day. He is passionate about his work and it phous. Read less

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Diversity

At Greenberg Traurig, we are committed to diversity and inclusion in the workplace. The individual attorneys at Greenberg Traurig are committed to nurturing diversity throughout the firm and creating an environment where differences are embraced and utilized creatively.

For us, diversity is about taking action - opening doors for lawyers.

That commitment is reflected by the fact that overall, 40 percent of Greenberg Traurig's attorneys worldwide are women or minorities as defined by the American Bar Association. As of Dec. 31, 2014, our U.S. employees, including attorneys and staff, who met the definition of minority persons reflected a total of 29 percent of our employment base. Approximately 32 percent of our U.S. attorneys and 52 percent of our U.S. employees are women.

Greenberg Traurig's commitment to diversity and inclusion goes beyond any single committee. Committees cannot nurture; they cannot mentor; they cannot create an environment where differences are embraced and utilized creatively. Committees do not lead. Our diverse attorneys however, can and do.


* We welcome and reflect the communities we represent better than any other major law firm in our markets.

* We do not simply rely on a "committee" to achieve this.

* We do so through a commitment to providing a fair opportunity for each of us to reach our full potential.

* We have the personal dedication of many at Greenberg Traurig who identify and bring into our firm this very special diversity.

* The Minority Law Journal 2014 Diversity Scorecard has recognized us as follows:
o No. 1 Ranking, African American Partners
o No. 1 Ranking, Hispanic American Non-Partners
o No. 2 Ranking, Hispanic American Partners


* The National Law Journal has previously recognized our attorneys as among:
o No. 2 Ranking, Female Partner Numbers, Female Scorecard (2013)
o "The 50 Most Influential Minority Lawyers in America" (Three) (2008)
o "The 50 Most Influential Women Attorneys" (Two) (2007)
o "The 100 Most Influential Attorneys in America"
(Two diverse attorneys; three total) (2006)


Diversity in Action: Fostering Diversity in the Profession and Preserving the Pipeline

Greenberg Traurig's Diversity Leadership Community has initiatives that focus on fostering an environment within the firm that supports and encourages diversity and inclusion, and increasing diversity in the profession by increasing access to a legal education for minority students. Helping today's law students and lawyers become tomorrow's business and legal leaders means a larger, more diverse marketplace and a greater pool of talented professionals. And that means more business opportunities for everyone - our firm, our colleagues and, most importantly, our clients.
 
In this way, our approach to diversity and inclusion mandates a high-level of personal responsibility with regard to the recruitment and retention of diverse attorneys. Attorneys in recruiting, hiring and supervisory roles are continuously made aware of the progress of our efforts. Our personal approach to diversity and inclusion means that Greenberg Traurig lawyers are active at their alma maters and at law schools local to their offices, participating in such programs as career panels; "Meet the Employer" days; and mock interviews, among others.

It has been, and continues to be, our goal to create a well-balanced workforce that contains a significant presence of minorities and women.

Greenberg Traurig creates and supports partner programs with women, minority, gay/lesbian or disability-focused bar associations. We attend and sponsor events at these organizations regularly throughout the United States. The firm works closely with national and local minority bars to address the fostering of diversity and inclusion in the profession on many levels. We support the work of several organizations, including MCCA, NAPABA, NASABA, NBA, NLGBTBA, HRC, HNBA and others.

Additionally, we provide funding through the Holly Skolnick Greenberg Traurig Fellowship Foundation for lawyers and law students to work with public interest groups. Through the Foundation, Greenberg Traurig serves as the largest sponsor of Equal Justice Works Fellowships in the United States and has invested approximately $8 million to support, in whole or in part, almost 127 Equal Justice Works Fellows since 1999.

We invite clients to join us as we work towards:

* Cultivating strategic partnerships with clients and potential clients to leverage our diversity platform to create and deepen relationships and cultivate business opportunities.

* Encouraging our lawyers to facilitate opportunities for our diverse and women lawyers to develop relationships with clients before and after new matters are received.

* Broadening the pipeline of diverse attorneys by expanding relationships with minority bar associations and other legal diversity organizations through our combined support of these networks.

* Focusing on strengthening mentoring programs for female and diverse attorneys at every level.

* Instituting a program that provides a variety of mentoring, rainmaking and training opportunities that can be accessed by a wide range of diverse attorneys across a variety of underserved communities.

* Engaging our Affinity Groups and their allies as a forum for professional development and business development opportunities, as well as for recruiting and retention assistance and as a social exchange to promote inclusion.

Diversity in Action: Employee Resource Networks

Greenberg Traurig's Employee Resource Networks (Affinity Groups) have the goal of addressing the needs of our attorneys and professionals who are diverse. We support Affinity Groups for our attorneys who are African American, Asian American, Hispanic American, LGBT and women, and we continue to gauge opportunities to expand those groups as our needs and demographics dictate.

The firm's Affinity Groups are as follows:

* African American Affinity Group

* Asian Pacific American Affinity Group

* Hispanic American Affinity Group

* Lesbian, Gay, Bisexual and Transgender (LGBT) Affinity Group

* South Asian American Affinity Group

* Women's Initiative

Our goals include:

* Mentoring of junior attorneys within the specific group;

* Recruitment and retention of diverse attorneys;

* Active participation in organizations addressing specific groups; and

* Serving as a forum for group members to discuss and explore issues and opportunities that will add value to client relationships.

Women's Initiative

As an example of our approach, Greenberg Traurig's firm-wide Women's Initiative focuses on retaining and supporting women attorneys through professional development and work/life balance initiatives, as well as through business development training programs and networking opportunities.

We work with like-minded organizations to address these issues on a broader scale in a variety of industries and communities.

Our program targets:

* Attracting and retaining talented women attorneys.

* Supporting business development for women attorneys.

* Serving as industry leaders.

* Impacting the community through leadership and service.

* Maintaining a culture that benefits women attorneys.

Diversity in Action: Suppliers

Greenberg Traurig is committed to the development of Disadvantaged Business Enterprises and Small Business Enterprises (DBE & SBE) suppliers.

As such:

* All business concerns, large and small, majority- or minority-owned, are afforded an equal opportunity to compete.

* A national director of procurement within the firm supports this practice.

* We are committed to diversity with respect to our vendors and suppliers.

* We are amenable to using diverse vendors and suppliers recommended by clients.

Diversity from the Top Down

Cesar L. Alvarez, Co-Chair of Greenberg Traurig, leads our diversity efforts. This is a matter of personal responsibility for him, having entered the U.S. as an immigrant with humble beginnings.

He has previously been honored as follows:

* "Lifetime Achievement Award," Hispanic National Bar Foundation

* "100 Most Influential Lawyers in America," The National Law Journal

* "50 Most Influential Minority Lawyers in America," The National Law Journal

* "Top Most Powerful Hispanics," The Black Book of Poder

* "25 Best Latinos in Business," Hispanic Magazine, The Power Issue

* "President's Award of Merit for Diversity Efforts," The Florida Bar

* "Spirit of Excellence Award," ABA Commission on Racial and Ethnic Diversity in the Profession

* "Lifetime Achievement Award," Chambers USA Awards for Excellence

* "CEO of the Year" award, Multicultural Law Magazine

* "Attorney of the Year Award," Hispanic National Bar Association

 

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