Government Enforcement, Compliance & White Collar Defense
New and historic regulatory reform has called for stepped-up government oversight and aggressive enforcement for businesses and individuals. New or evolving laws — the False Claims Act (FCA), the Foreign Corrupt Practices Act (FCPA), Dodd-Frank whistleblower reforms, revamped export controls, and health care fraud task forces — pose an increased risk of investigation or prosecution to your business. We have built a defense practice tailored to these concerns and are ready to provide guidance.
With a core of former federal prosecutors and enforcement agents, Foley’s Government Enforcement, Compliance & White Collar Defense attorneys understand the law and its processes, and counsel you on the best ways to manage litigation risk.
We have represented targeted companies and have acted as separate counsel for key executives who have been identified as subjects, targets, and witnesses in criminal antitrust matters. Should you or your company become involved in such an investigation, we can call on our experience as former prosecutors — including former DOJ trial attorneys and Assistant U.S. Attorneys — to investigate a matter or mount a defense on your behalf.
Our attorneys are well-positioned to assist you in navigating the complexities of government investigations and enforcement proceedings involving international and national security and trade matters, including ITAR, EAR, and OFAC. Through our Export Controls & National Security Practice, we have a deep understanding of all aspects of controlled goods and technology enforcement, and are highly experienced in developing and supporting compliance programs to help you manage risks and potential issues.
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The False Claims Act (FCA) is a favored tool that permits the U.S. Department of Justice (DOJ) and state Attorneys General to recover monies and large penalties when the government is defrauded. FCA cases are often brought as qui tam cases, in which a whistleblower (relator) reports fraudulent acts and can be rewarded with a significant share of the award.
Should your company be affected by, under investigation for, or sued for alleged FCA violations, we provide representation at all stages of the matter. In addition, we can help you proactively evaluate your own risk of FCA prosecution before the government or private plaintiffs become involved. We have a team of former federal prosecutors with years of experience representing clients in parallel false claims and criminal investigations.
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From 2009 to 2010, the number of FCPA prosecutions increased by 66 percent, and the government shows no signs of slowing down. That is why you need a responsive legal services provider who understands the legislation and how it affects your company and its operations.
Our attorneys have served as Assistant U.S. Attorneys and DOJ prosecutors, SEC enforcement staff, and other professionals, and have the skill to provide the advice and rigorous representation you need when facing alleged FCPA and bribery/corruption violations. We provide a range of services, including FCPA counseling; compliance programs and training; due diligence for international joint ventures and acquisitions; internal investigations; and representation before regulatory law enforcement agencies.
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Our Health Care Litigation Practice is part of the firm’s highly regarded Health Care Industry Team, which was named “Law Firm of the Year — Health Care Law” for the second consecutive year on the 2013 U.S. News – Best Lawyers® “Best Law Firms” list for our ability to provide our health care industry clients with value-added, pragmatic legal advice in an efficient and cost-effective manner. Only one firm in the country receives this recognition each year.
More than 20 of our litigators devote a significant portion of their work to the health care industry. We regularly litigate on behalf of pharmaceutical manufacturers, health care providers, medical device makers, and related companies and organizations on complex, multi-venue cases involving alleged False Claims Act (FCA) violations, HIPAA, the Anti-Kickback Statute, antitrust, and other areas.
Our Sports attorneys have served or currently serve as senior executives within professional sports leagues, franchises, and sports industry associations. Recognized for our thorough understanding of complex sports-related enforcement and compliance issues, Foley is trusted by professionals in all aspects of the industry. We represent professional franchises and leagues, amateur and collegiate teams, owners, stadium operators, sponsors, promoters, developers, and sporting goods manufacturers. We also provide legal services for major events like the World Cup and the Super Bowl.
Our attorneys offer a wide range of securities-related defense services to major corporations, corporate executives, auditors, law firms, attorneys, securities firms, portfolio managers, and individual investors accused of insider trading. We have represented clients in the defense of investigations of alleged securities violations involving accounting, financial fraud, and “cooked book” cases; brokerage firm trading practices; brokerage firm underwriting practices; insider trading; manipulation; investment advisor activities; securities offerings; activities over the Internet; the FCPA; and Municipal Securities Rulemaking Board (MSRB) Rules G-37 and G-38.
In addition, we have defended clients in individual damage actions and class actions relating to federal and state securities laws, and have assisted in conducting federal securities-law-related internal investigations.
We provide you with a range of tax-related services — from responding to audits and investigations and counseling on tax refunds to defending you in civil and criminal cases brought by federal, state, and local taxing authorities at the administrative, trial, and appellate court levels.