Shearman & Sterling has published a client alert a lot of us need these days — “Transacting Business During a Corruption Investigation.”
Why an alert about doing business during an investigation? Because investigations can continue for years, often without a clear end date. So it’s impractical for companies and business partners to wait it out.
And yet there are undeniable risks and challenges for companies under investigation or those wanting to do business with them. For example, any company doing business with a party connected to a corruption investigation could itself be implicated. So it needs a plan if that happens.
“Despite these risks and challenges,” the alert says, “a number of precedents demonstrate that such transactions can be completed effectively if proper measures are taken. . . . “
Some key topics covered: Dialogue with the DOJ and SEC, reviewing and enhancing compliance programs, preserving documents and the Sarbanes-Oxley “Anti-Shredding” provision, ethical obligations of corporate counsel, providing adequate Upjohn warnings, and understanding the Yates Memo.
The alert was authored by Dan Newcomb, Cynthia Urda Kassis, and Manuel Orillac.
“Transacting Business During a Corruption Investigation” is here.
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Richard L. Cassin is the publisher and editor of the FCPA Blog.
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