Briefing on Doing Business Internationally: Minimizing FCPA Risk Exposure

May 21, 2008


Foreign Corrupt Practices Act (FCPA) enforcement has proliferated dramatically in recent years. In addition to new criminal and civil enforcement activities brought by the Department of Justice and the SEC, private civil actions now often involve the FCPA. The growth in FCPA enforcement actions and civil litigation, coupled with the ever-increasing globalization of business, should spur any U.S. company conducting or outsourcing business internationally to address FCPA compliance and risk issues. This program is designed for decision-makers in compliance, legal, risk management, finance or sales who have involvement in and/or oversight responsibilities for international operations. Our panel will address key topics in this increasingly important area for businesses, particularly for those doing business internationally. These key topics include:

  • Compliance program “best practices” in managing a sales force
  • Evaluating potential mergers, joint ventures and business partners
  • Interacting with the Department of Justice and the SEC
  • Minimizing the risk of FCPA-related civil litigation, including securities class action and derivative lawsuits
  • Managing the growing risk exposure for directors and officers
  • The FCPA’s accounting requirements – the “Books and Records” provisions

Materials from the briefing are available:


F. Joseph Warin, Gibson, Dunn & Crutcher LLP
Mr. Warin is chair of Gibson Dunn’s Washington, D.C. Litigation Department, which consists of over 115 attorneys. He also serves as co-chair of the firm’s White Collar Defense and Investigations Practice Group. Mr. Warin’s areas of expertise include white collar crime, securities enforcement, FCPA investigations, special committee representations, False Claims Act cases, compliance counseling and complex civil litigation. Mr. Warin has handled FCPA investigations in more than 30 countries. He is currently serving as the FCPA compliance monitor for a multinational oil company.

Nina Gross, Deloitte Financial Advisory Services LLP
Ms. Gross is the southeast leader of the Deloitte FAS FCPA Forensic & Dispute Services practice. Her experience includes numerous corporate internal and external fraud investigations across a range of industries, including, energy, mining, technology, healthcare, manufacturing, consumer products, and publishing.

David Burns, Gibson, Dunn & Crutcher LLP
Mr. Burns’s practice focuses on white collar criminal matters, including FCPA and False Claims Act investigations, as well as internal corporate investigations, compliance counseling and complex commercial litigation. Prior to joining Gibson Dunn, from 2000 to 2005, Mr. Burns served as an Assistant United States Attorney in the Southern District of New York. He was awarded the Department of Justice’s Director’s Award for superior performance as a federal prosecutor.

Howard Scheck, Deloitte Financial Advisory Services LLP
Mr. Scheck is a partner in the Forensic & Dispute Services practice in Washington, D.C. He assists counsel in conducting complex corporate investigations arising from SEC enforcement inquiries and internal whistleblower complaints. Mr. Scheck specializes in investigating and defending alleged financial statement errors involving fraud, books and records and FCPA violations.

Michael Diamant, Gibson, Dunn & Crutcher LLP
Mr. Diamant is a litigator whose practice concentrates on the FCPA and other white collar criminal matters. Mr. Diamant is a magna cum laude graduate of Georgetown University Law Center, where he was inducted into the Order of the Coif. Mr. Diamant clerked for the Honorable Fortunato P. Benavides of the U.S. Court of Appeals for the Fifth Circuit.

Gibson, Dunn & Crutcher LLP certifies this activity is approved for MCLE credit by the State Bar of California in the amount of 1.25 hours.

This program has been approved for transitional credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.50 credit hours, of which 1.50 credit hours may be applied toward the areas of professional practice requirement.

Credit is pending in Texas and Virginia.