America's Leading Lawyer

EG: What are some of the typical challenges American companies face in complying with their U.S. Foreign Corrupt Practices Act (FCPA) obligations?

Brooke Rodgers:  Corporate law and compliance departments face increasing demands to do more with less. The challenge of resources is one of the reasons we established a boutique law firm.  Our focus on a single area of law and our highly competitive rate structure help our clients maximize limited budgets and augment their compliance resources.

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EG: Your client base ranges from major defence and aerospace companies, insurance companies, manufacturing, consumer electronics firms, energy developers and food and beverage producers, to IT service providers, non-profit organisations, investment advisors and educational institutions. Why is it important for such a broad range of industries to call upon your firm in the implementation of effective FCPA policies?

BR: Anyone doing business overseas faces corruption risk, but not everyone’s risk is the same. Exposure can depend on industry, customer-base, products, volume, location and myriad other factors. S&R clients, across industries, rely on us to realistically quantify their individual risk then design and implement bespoke solutions to address that risk.

EG: How difficult can the process be when designing lawful compensation structures in restrictive jurisdictions where large multinational organisations are concerned? 

BR: Many jurisdictions regulate the use of intermediaries, including restricting the nature and amount of compensation.  Violating these rules can lead to contract rescission, financial penalties and blacklisting.  In addition, local rules are not static – changes in local laws can dramatically affect how a multinational works with its intermediaries.  It is therefore essential, although challenging and both time- and resource-intensive, for multinationals to understand the rules of the road.  We help our clients remain abreast of the latest developments and modify relationships as necessary.  With the support of our network of foreign counsel, we provide practical, easy-to-understand advice on how to navigate complex local laws and structure compliant relationships with intermediaries. 

EG: Describe how your experience working on secondment for multinational corporations and alongside in-house counsel, has deepened your insight into compliance matters?
 

BR: Firm lawyers must never forget that their clients – in-house counsel – work every day among business personnel who require straight-forward and easy-to-follow advice.  Outside counsel should not simply expound on the law only to then leave in-house counsel with the burden of translating it into practical steps and plain language for business personnel.  Effective outside counsel must learn to communicate with stakeholders up and down the corporate ladder and across the entire range of business functions. Working on secondment and liaising with clients’ legal teams, audit committees, boards of directors, executives as well as other business stakeholders has given me a deep understanding for the value of efficient, practical advice.  These experiences taught me that the best and most valuable legal advice takes account of all the relevant constituencies in a company. Straightforward, nimble and creative legal advice, expressed in plain language, not only ensures buy-in from corporate stakeholders, it helps people and companies to increase compliance while doing more business.