Businesses with a broad operational base often confront unethical business practices and corruption, especially in emerging markets. U.S. & UK businesses in particular have witnessed increased enforcement activity in recent years. This makes compliance with anti-corruption regulations, namely the US Foreign Corrupt Practice Act (FCPA) and the UK Bribery Act by their employees, subsidiaries, and third-party representatives a priority. For global corporations, this level of monitoring can be difficult. Our U.S. & UK offices enhance our ability to cover this type of matter from both sides. Our team is well versed in the process of determining and implementing internal controls, record-keeping requirements, and measures to combat money laundering and racketeering. Large corporations are expected to be particularly vigilant, and ethical business practices are not always a guarantee against enforcement action. Our lawyers ensure that our clients’ business practices are grounded in knowledge of compliance standards and supported by appropriate procedures to ensure compliance.
Doing business with governments may require partnering with local and regional players. Before entering such relationships, it is critical for businesses to ensure they are communicating in terms mutually understood and agreed upon. Our team of lawyers has trained and practiced in centers of commerce in Europe and the United States and is fluent in a number of languages. We also collaborate with our network of trusted counsel around the world to create expertise with a global reach. Our team advises on a broad range of cross-border agreements including vendor contracts, technology transfer agreements, partnerships, distributorships, licensing, franchising, commercial leases, construction and infrastructure projects.
Our lawyers have offered guidance in privatizations across a wide range of industries. We have represented entities on all sides of the transaction – governmental agencies, state-owned entities, private acquirers and private guarantors. We have advised clients on structuring, due diligence, tender rules, drafting and negotiation of contracts, the private and public placement of equity securities, mergers and acquisitions, and the sale, lease, or grant of operational rights or concessions for the assets being privatized. We have experience in structuring and implementing privatizations using the full spectrum of privatization strategies.
We have decades of experience advising clients on bidding and contracting. For companies that are new to the bidding process, the regulations surrounding it can be daunting. Engaging a good legal advisor is crucial to help avoid spending time and resources in vain and mitigate the risks of noncompliance or challenges. From the outset, we help streamline the bidding process, and when necessary, handle protest litigation. Our lawyers are profoundly experienced in preparing notices and guidelines, drafting contracts and bid formats, analyzing legal qualification of participants, and representing clients both challenging and defending procurement procedures. We are experienced in taking various routes for bidding success, including determining where a protest would be most effectively filed and putting together strategies for defending against competitor bids.
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