Cross-Border Regulation & Dispute Resolution

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Overview

Richards Kibbe & Orbe LLP has long been a go-to firm in the fields of cross-border enforcement, government investigations and criminal defense and civil litigation.  We have a proven record of navigating difficult regulatory, criminal and civil issues, from high profile international investigations and enforcement actions to parallel criminal, regulatory and civil proceedings in the United States and globally.

For over 25 years, RK&O has developed a reputation for counseling clients facing the most complex issues across multiple jurisdictions.  We understand how to address challenges created by differing and at times conflicting multijurisdictional legal obligations.  And, we are respected by enforcement agencies and authorities in the United States and around the world.

RK&O Services

  • Develop bespoke strategies encompassing the complex risks faced by clients conducting global business, including with respect to compliance, regulatory enforcement, internal investigations, civil litigation, discovery, judgment enforcement, and corporate transactions subject to U.S. and foreign regulations.
  • Guide the development of multifaceted strategies, working with local counsel in multiple jurisdictions, to ensure that the client is fully equipped to address important considerations under domestic and foreign law including privilege protections, data privacy, regulatory and litigation risks, labor laws, and our clients’ particular business objectives and risks.
  • Prepare boards of directors, senior management, and other key decision-makers to navigate critical decision points that arise in the context of global regulatory, enforcement, and litigation matters.
  • Deploy a team of experienced partners and associates with specialized regional knowledge and native language fluency including French, Spanish, Portuguese, German, Russian, Korean and Chinese.

Experience

Latin America

RK&O has deep regional knowledge and extensive experience conducting internal investigations and advising clients with respect to cross-border matters in jurisdictions across Latin America, including the development of regulatory compliance programs, anti-corruption, sanctions and anti-money laundering compliance and enforcement, interactions with U.S. and local regulators and civil litigation.  From the Brazilian energy company Petrobras and the Argentine sports entertainment company Torneos y Competencias to the Inter-American Development Bank, leading companies turn to RK&O when confronting severe civil, criminal and reputational penalties.  As such, Chambers Latin America recently recognized RK&O as a leading law firm in the area of Corporate Crime & Investigations. 

Recent engagements include:  

  • Board of Directors of Petróleo Brasileiro, S.A. – Petrobras in connection with government investigations and civil litigation in the U.S. and Brazil arising out of the Operation Car Wash corruption investigation in Brazil.
  • Inter-American Development Bank (IDB) in a lawsuit brought to enforce loan guarantees that were extended by two Argentine affiliates of a Brazilian alternative energy provider. As lead counsel, successfully obtained a judgment of $168 million on behalf of the IDB.
  • Torneos y Competencias S.A., a leading South American sports production and broadcasting company, in connection with corruption, fraud and money-laundering investigations by DOJ and local authorities arising out of the FIFA scandal. Secured the first corporate deferred prosecution agreement in the case.
  • Multinational financial institution in connection with a cross-border internal investigation relating to issues in Brazil that ranged from potential embezzlement to issues arising under local and U.S. anti-corruption legislation.
  • Global financial services firm in connection with an SEC investigation into allegations that former high-ranking officials of a Latin American country had conspired to manipulate the market for credit-default swaps, referencing their country’s sovereign debt.
  • Prominent international law firm in connection with allegations by one of its clients that a partner in a Latin American office had engaged in conduct that violated the FCPA.
  • A public company in connection with FCPA compliance matters, including defending the company in connection with DOJ and SEC investigations into allegations of payments made to foreign government officials in a Caribbean country.
  • Global financial services firm in an internal investigation into improper trading by a foreign exchange specialist on its Latin American desk.
  • Former senior officer of the Latin American region of a global financial group in connection with a DOJ investigation into allegations that the global financial group had operated as a multi-jurisdictional Ponzi scheme.
  • A public company (financial institution) with respect to an investigation of books and records and internal controls, including anti-corruption compliance, at a Latin American subsidiary.
  • Global financial services firm in an internal review relating to potential fraud by former senior management of a Central American-based bank prior to its acquisition by a U.S.-based firm.
  • Multi-billion dollar hedge fund with respect to FCPA compliance process and transactional due diligence undertaken by a portfolio company doing business with a Venezuelan government entity.
  • Global financial group in connection with an anti-money laundering review for an asset forfeiture order arising out of its operations in Latin America.

Europe

RK&O excels at navigating the complex regulatory and enforcement challenges faced by companies doing business in Europe.  From the global investigations into LIBOR fixings to the DOJ Amnesty Program for Swiss banks to insider trading, anti-corruption, sanctions and anti-money laundering enforcement by domestic and foreign regulators including the French Autorité des marchés financiers (AMF), leading companies regularly rely on RK&O to help manage business and reputational risk on an international scale.  We understand the unique concerns faced by companies operating in Europe, including privilege protections, data privacy, local labor laws, and the interplay between U.S. and European regulators.  Our ability to provide strategic advice with respect to the potential implications of global regulatory, enforcement and civil matters under U.S. law and our existing relationships with U.S. and foreign enforcement agencies and respected local counsel is combined with native language skills in French, Spanish, German and Russian to better serve our clients on a truly global level.  To that end, RK&O is an active member of the European American Chamber of Commerce, an organization that facilitates relationships between European and American businesses.

Recent engagements include: 

  • ICAP plc in the global investigations into LIBOR fixings and related civil litigation in the United States, Netherlands and other global jurisdictions.
  • Audit Committee of Och-Ziff Capital Management in connection with an independent FCPA investigation across the U.S., UK, and Africa, interactions with regulators and evaluation of compliance system and internal controls.
  • A global hedge fund in an insider trading investigation and proceedings conducted by the French Autorité des marchés financiers (AMF).
  • A legal counsel to the Independent Examiner for two Swiss banks, including Raiffeisen, Switzerland’s third-largest bank, in connection with the DOJ’s Swiss bank amnesty program.
  • Four corporate trust providers located on the Isle of Man in connection with an investigation of the Wyly brothers involving multiple U.S., Manx and Cayman authorities, including the SEC, IRS and U.S. Attorney’s Office for the Northern District of Texas, as well as related proceedings in each of those jurisdictions.
  • Senior employees of a French bank in connection with an investigation by the SDNY and DANY into potential violations of U.S. economic sanctions.
  • Senior compliance official at a French bank in connection with an investigation by the DOJ into potential FCPA violations.
  • A senior executive of Volkswagen AG in defense of multiple counts alleging conspiracy, wire fraud and Clean Air Act violations in the DOJ’s investigation into diesel emissions violations.
  • A multinational cosmetics and personal care company in connection with the assessment of anti-corruption and sanctions risks arising from an undisclosed conflict of interest.
  • A global pharmaceutical company in connection with FCPA compliance and third-party due diligence advice with regards to global operations, including in Europe, Latin America, Africa, the Middle East and Asia.
  • Audit and Governance Committees of Boards of Directors of U.S. and foreign private issuers in connection with allegations of violations of the U.S. securities laws.
  • Multiple institutions in connection with DOJ, CFTC and UK Financial Conduct Authority investigations into foreign exchange trading practices.

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