Civil Litigation in the Aftermath of FCPA and U.K. Bribery Act Investigations

Increasingly over the past decade, securing a settlement agreement with government authorities does not signal the end of what may have been a drawn-out and expensive anti-bribery investigation. Where FCPA and U.K. Bribery Act investigations have uncovered corrupt activity, stakeholders have sought to obtain relief for perceived and, in some cases, real harms suffered from a company’s misconduct using various legal avenues. This guest article by Philip Urofsky, a partner at Shearman & Sterling, counsel Jonathan Swil, and associates Jesse Van Genugten and Mathew Orr introduces the most common claims a corporation can face in the aftermath of an anti-bribery investigation in the U.S. and the U.K. and describes the significant losses that may be associated with those claims. See “In Latest Chapter of the Och-Ziff FCPA Saga, Court Rules That It Pay Restitution to Victims of Bribery” (Jan. 8, 2020).

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