Doing business in India continues to provide enormous opportunities with great potential, yet is fraught with its own set of special challenges and it is critical to be conscious of the risks involved. Those risks include understanding the scope of applicable anti-corruption laws (foreign and domestic) and their enforcement. India’s anti-bribery laws are enshrined in the Prevention of Corruption Act which aim to combat corruption in dealing with public officials and now covers both bribe-givers and takers.
Our practice consists of providing advice on issues spanning the full anti-corruption and compliance spectrum which includes conducting forensic investigations, formulation and implementation of compliance programs, representations before domestic and international regulators and administrative agencies – for example, Central Vigilance Commission, Securities Exchange Board of India, Central Bureau of Investigation (the agency responsible for investigating and prosecuting corruption cases) and US Securities and Exchange Commission. We routinely counsel on issues that arise from transborder activity, be it preparing business courtesies guidelines for companies and their employees or providing on-site training to the employees on relevant, surrounding issues. We understand where risks may exist and assess if internal controls need to be modified factoring ground realities. All programs are tailored factoring in the specific needs and requirements of each client, and their long-term business objectives. Additionally, the lawyers are also experienced in conducting specific FCPA/POCA audits and due diligence of targets for clients in connection with potential M&A activity.
What We Have Done:
- Counselled different Fortune 100 conglomerates in investigations of alleged anti-corruption violations in providing gratifications to secure government contracts including in connection with bids, RFPs, global tenders for supply across a spectrum of different industries
- Conducted forensic investigations of bribery allegations for several multinationals in manufacturing, working closely with accounting firms to unravel fiscal frauds, assessed legal risks, prepared reports and assisted in evidence collection & in implementing change in management, if needed
- Prepared compliance programs and code of conduct for various companies engaged in manufacturing and services
- Conducted follow-up audits, framed whistleblower policies, conducted periodic trainings including “train-the-trainer” via role playing and assist in effective internal monitoring
- Advised clients in different businesses in formulation of policies on travel, entertainment, gifts, use of third-party agents or consultants, and conducted third party diligence
- Represented domestic wholly-owned subsidiaries of foreign companies and reviewing investigations performed by government agencies in cases involving allegations of bribery
- Acted for a large North American telecom company in investigations of alleged bribes in connection with bidding on global tenders for supply of telecom equipment
- Advised a large energy company in investigations of alleged bribes in connection with bidding on the purchase of power plants
- Counseled a multinational defense company in investigation of alleged violations of the corruption levels and in providing gratification to secure government contracts
- Acted for a large defense company on analysis with advice and a risk assessment related to its use of agents in defense procurement contracts