Legal Representation with a Global Perspective
The Foreign Corrupt Practices Act (FCPA)
DEMING PLLC represents companies, organizations, audit committees, and individuals in matters relating to the FCPA, including the anti-bribery provisions relating to the bribery of foreign officials and the internal controls and record-keeping provisions. This includes developing and implementing compliance programs, performing audits of compliance programs, ensuring the adequacy of internal controls, conducting due diligence, conducting internal investigations, and providing advice relative to the making of disclosures, securing opinion procedure releases, and providing representation in investigations by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and related civil litigation.
The UK Bribery Act
DEMING PLLC works with companies, organizations, audit committees, and individuals to develop adequate procedures, including related compliance programs and internal controls, to comply with the UK Bribery Act and the related principles and guidance issued by the Financial Conduct Authority (FCA). The broad jurisdictional reach of the UK Bribery Act makes the development of adequate procedures to comply with the guidance of the UK Ministry of Justice almost mandatory for any entity seeking to engage in international business. DEMING PLLC is well-versed in the requirements of the UK Bribery Act and understands the distinctions between the obligations under the FCPA.
Canada’s Corruption of Foreign Public Officials Act
DEMING PLLC is well-acquainted with the various aspects of Canada’s Corruption of Foreign Public Officials Act (CFPOA). It works with companies, organizations, audit committees, and individuals to develop adequate procedures, including related compliance programs and internal controls, to facilitate compliance with the CFPOA. In designing and implementing compliance programs, DEMING PLLC understands the nuances of the CFPOA and how it may differ with the FCPA and the UK Bribery Act.
Brazil’s Clean Company Act
DEMING PLLC has a growing expertise relative to Brazil’s Clean Company Act. It works with companies audit committees to develop adequate procedures, including related compliance programs and internal controls, to facilitate compliance with the Clean Company Act. In designing and implementing compliance programs, DEMING PLLC understands how to design a compliance program and internal controls to address the nuances of the Clean Company Act as well as other anti-bribery legal regimes, like the FCPA and the UK Bribery Act.
Australia’s Criminal Code
DEMING PLLC has expertise with respect to Australia implementation of the OECD’s Anti-Bribery Convention through amendments to its Criminal Code. It works with companies, organizations, audit committees, and individuals to develop adequate compliance programs and internal controls to facilitate compliance with Australia’s Criminal Code. In designing and implementing compliance programs, DEMING PLLC understands what is required under Australia’s Criminal Code as well as other anti-bribery legal regimes, like the FCPA, the UK Bribery Act, the CFPOA, and Brazil’s Clean Company Act.
The World Bank and Regional Development Banks
DEMING PLLC works with individuals and entities to develop effective compliance programs and to assist clients with the World Bank’s Voluntary Disclosure Program (VDP). DEMING PLLC also represents clients who may be under investigation and, should charges be brought, advocates for clients during the hearing and appeals process. Where necessary, DEMING PLLC is also well-positioned to serve as a monitor as part of a resolution with the World Bank or other multilateral development banks.
International Corporate Compliance
DEMING PLLC works with international and domestic companies, organizations. and audit committees to develop and implement effective corporate compliance programs and to design mechanisms to ensure that they are actively monitored, regularly updated, and consistently enforced. This includes developing policies and procedures, instituting training programs, establishing protocols for protecting whistleblowers and providing for protected communications for employees seeking guidance, setting standards for the conduct of due diligence, ensuring the adequacy of internal controls, and conducting due diligence and internal investigations.
DEMING PLLC represents companies, organizations, audit committees, and individuals with respect to grand jury and other investigations by federal and state enforcement agencies in the United States and by the World Bank, the regional multilateral development banks, and other international organizations. DEMING PLLC also handles international litigation and arbitration as well as appellate litigation relating to a wide range of matters, including commercial transactions, employment law, and white-collar crime.
Other International Practice Areas
In a wide range of other legal matters DEMING PLLC represents and works with foreign and domestic companies, organizations, and individuals, and their law firms, in a wide range of matters involving international law or international legal issues:
- International legal agreements
DEMING PLLC negotiates and drafts legal instruments associated with international transactions, the conduct of international business, or other international activities.
- International employment law
DEMING PLLC works with foreign and domestic companies, organizations, audit committees, and individuals, and their foreign and domestic law firms, to address international employment issues, including whistleblower claims.
- Economic sanctions
DEMING PLLC has experience working with clients on issues associated with the economic sanctions or embargoes that the United States imposes with respect to certain countries and certain individuals and entities.
- Complex visa matters
DEMING PLLC represents foreign and domestic companies and individuals in matters associated with the denial of their eligibility to enter the United States. In particular, DEMING PLLC has directed due diligence efforts associated with resolving the underlying issues for a denial.