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Corporate Compliance Programs - Overview
Contact(s)
Henry Klehm III
New York
Tel: 1.212.326.3939
E-mail

R. Christopher Cook

Washington
Tel: 1.202.879.3939
E-mail



Jones Day attorneys around the world advise clients on the development, implementation and operation of compliance and business ethics programs designed to detect and prevent violations of law.  An effective compliance program is an essential component of any modern business organization, both as a means of avoiding violations of the law and as a tangible demonstration of the organization’s commitment to ethical business practices.  In the event that a violation of the law nevertheless occurs, the existence of a robust compliance program can help the organization avoid prosecution and lower any penalty that may be imposed.

Jones Day does not implement prepackaged corporate compliance programs, but instead advises each client in a manner that takes into account the organization’s industry and existing internal structure, as well as the legal requirements of the countries in which it does business.  The Firm regularly counsels clients regarding best practices in their industries and assists in the reconciliation and integration of compliance programs following a merger or other corporate transaction.  Our lawyers provide compliance training seminars for clients, both at management meetings and in the field.  When potential violations arise, Jones Day conducts internal investigations and due diligence in an appropriate manner.  If it becomes necessary to defend the corporation in an inquiry by authorities, Jones Day has the resources necessary to handle any matter, including enforcement actions brought in multiple jurisdictions.

The Jones Day Corporate Compliance team provides counseling to multinational corporations headquartered in Europe, Asia, and the United States in a broad range of industries, including pharmaceuticals, chemicals, manufacturing, retail, defense, energy, banking, and health care.

Team Approach

The subjects addressed by a compliance program are driven by a particular client’s needs, depending on numerous factors such as the industry in which the corporation does business, the level of regulation to which it is subject, the countries in which it operates, and the extent to which the corporation does business with the government.  Clients often seek specialized compliance advice from Jones Day with respect to issues on which the Firm has particular experience or geographic presence.  To meet these demands, Jones Day’s interdisciplinary Corporate Compliance team draws upon experience in numerous areas, including:

  • Anti-bribery laws, including the OECD Anti-Bribery Convention, European Union anti-bribery laws, and the United States Foreign Corrupt Practices Act (“FCPA”).
  • Antitrust and competition laws, particularly those enforced by authorities in the European Union, the United States, and Canada.
  • Corporate governance, shareholder relations, fiduciary duties, and executive compensation, including specifically the use of Special Committees at the board level where necessary and appropriate.
  • Document retention, electronic discovery and other issues arising from the need to preserve and manage information, either in the regular course of business or in the context of pending or threatened litigation.
  • Employment and labor, including all employment discrimination statutes, state and federal wage-hour laws, and the full range of other statutes and regulations governing the workplace as well as workplace requirements applicable to employers outside the United States, such as those addressing employee privacy rights, employee benefits, works councils and European Union Directives.
  • Energy delivery and power regulation applicable to all aspects of the utility and power industry worldwide.
  • Environmental, health, and safety regulations pertaining to solid and hazardous waste, air emissions, water quality, and employee health and safety.
  • Government contracts and related regulations applicable to doing business with government entities.
  • Health care laws and regulations applicable to providers, manufacturers, suppliers, and others, including the Anti-Kickback Statute, Stark laws, and other fraud and abuse issues.
  • Money-laundering laws, financial services regulations, and restrictions on international monetary transactions, including the “know your customer” requirements of the USA PATRIOT Act of 2001.
  • Privacy and data protection laws in the United States, the European Union, and elsewhere that control the manner in which businesses handle and disseminate information.
  • Securities laws and regulatory commissions in the countries where a company’s securities are traded, including the requirements of the Sarbanes-Oxley Act of 2002.

When advising a client on its compliance efforts, Jones Day works to identify the best lawyers to handle a particular client engagement, regardless of office or practice area.

Global Reach

The geographic breadth of Jones Day’s practice makes us particularly well positioned to address a wide range of legal, cultural, and business climates in which a multinational compliance program must operate.  Jones Day has 2,200 lawyers in 30 offices around the globe.  More than 400 of our lawyers are in Europe and 190 are in Asia.  All of our offices outside the United States are staffed with locally trained lawyers who are fluent in the local language and are well versed in the legal and business cultures of the countries and regions in which they practice.  The cross-border disputes, transactions, and other matters we handle arise on virtually every continent and require an appreciation for the interplay between domestic and foreign law.

Contact(s)
Henry Klehm III
New York
Tel: 1.212.326.3939
E-mail

R. Christopher Cook

Washington
Tel: 1.202.879.3939
E-mail