Professionals >

Contacts >

Our practice includes devising compliance programs for clients, counseling them as compliance issues arise in the establishment or performance of an international venture, training marketing and other employees (including web-based training), conducting internal investigations, and defending clients in the course of Securities and Exchange Commission (SEC) and grand jury investigations.

For example, we drafted the Foreign Corrupt Practices Act (FCPA) compliance policy for a major U.S. aerospace company and established its due diligence procedures for the evaluation and retention of foreign sales representatives and consultants. We subsequently performed training of the company's marketing personnel and of all the foreign-based distributors for one of its major exporting subsidiaries.

Representative Issues

While the sensitivity of many matters precludes identification of specific representations, we regularly help clients answer questions such as the following:

  • What do you do when a reseller in Latin America resists payment of overdue amounts in part on the grounds that he has made payments to foreign government officials?
  • How do you respond to allegations that foreign affiliate's employee has made an offer of payment to foreign government official in connection with a pending tender for a World Bank financed project in a former Soviet republic?
  • Are there proactive steps that you can take to avoid criminal liability when you discover that your manufacturing subsidiary has paid a bribe in connection with a pending sale to foreign government?

In some instances, we have been called upon to investigate the bona fides of a recorded transaction in order to ensure compliance with the FCPA's books and records provisions.

Suspension and Debarment

Finally, where indictment cannot be avoided or settlement is prudent, our experience in debarment and suspension matters makes us uniquely well prepared to address the issues globally. Indictment (or conviction) under the FCPA has collateral consequences for a company's export and government business that require consideration in devising an appropriate resolution.

View More

"Fastest 5 Minutes: Huawei and ZTE, Kaspersky Lab, and Sanctions News (September 20)," Podcast: Fastest 5 Minutes in Government Contracts (September 20, 2019). Contacts: David B. Robbins, Peter Eyre
Client Alert/Newsletter
"NIST Announces Plan for Federal Engagement in Artificial Intelligence," Government Contracts Bullet Points (September 20, 2019). Contacts: Adelicia R. Cliffe, Kate M. Growley, CIPP/G, CIPP/US, Evan D. Wolff, Laura J. Mitchell Baker, Michelle D. Coleman
Client Alert/Newsletter
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Sep.20.2019)
Firm News/Announcement
"Accounting Cost & Pricing Compliance and Pitfalls," Government Contracts Breakfast Series, Herndon, VA (September 18, 2019). Presenters: Nicole Owren-Wiest, Elizabeth Buehler, Charles Baek, Michael G. Gruden, and Catherine O. Shames.
Speech/Presentation
Gotta Have (Good) Faith-FCA Risks Arising From Small Business Subcontracting (September 18, 2019). Authors: Jason M. Crawford, Olivia Lynch, and Gabrielle Trujillo.
Publications
"Administration Moves to Complete FIRRMA Implementation by the February 13, 2020 Statutory Deadline," Government Contracts Bullet Points (September 18, 2019). Contacts: Alan W. H. Gourley, Adelicia R. Cliffe, Robert Holleyman
Client Alert/Newsletter
"If You Don't Ask, You Don't Get: Hearings Not Guaranteed in "Granston Memo" Dismissals," Government Contracts Bullet Points (September 17, 2019). Contacts: Gail D. Zirkelbach, Jason M. Crawford, Payal Nanavati
Client Alert/Newsletter
"11th Circuit Issues Long-Awaited Opinion in AseraCare Affirming that Mere Differences in Reasonable Clinical Judgement Cannot Be False Under the FCA and Remanding for New Trial and Consideration of Full Record," Health Care Alert (September 13, 2019). Contacts: Jacinta Alves, Brian Tully McLaughlin, Nkechi Kanu, Roma Sharma, G. Meredith Parnell
Client Alert/Newsletter
HHS’s Suspension of Acquisition Services Leaves Outside Agencies and Contractors in Limbo Government Executive (September 13, 2019)
In the News
"GSA Requiring “Bilateral” Modification to All Multiple Award Schedule Contracts to Prohibit Use of Huawei/ZTE Equipment," Government Contracts Bullet Points (September 12, 2019). Contacts: Alan W. H. Gourley, Adelicia R. Cliffe, Judy Choi, Lorraine M. Campos, Stephanie L. Crawford
Client Alert/Newsletter

To view more News & Events for this area, please go to our desktop site.

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

View Desktop Site | Mobile Sitemap

Contact | Subscribe | Terms of Use/Privacy Policy | Alumni

© Crowell & Moring LLP 2019
Attorney advertising - prior results do not guarantee a similar outcome.