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Anti-Bribery and Corruption


Anti-corruption law and enforcement is increasingly at the forefront of the corporate risk landscape.
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Overview

As a result of international trends towards tougher legislation, as well as increased, and increasingly cooperative, enforcement of those laws in the US, UK, Canada and internationally, running afoul of anti-corruption laws (and related money-laundering and proceeds of crime legislation), is a real risk that companies must address as a business priority in an informed, consistent and pro-active manner.

Our multi-jurisdictional and multi-disciplinary team of anti-bribery and anti-corruption experts is skilled at helping clients navigate an increasingly complex and evolving regulatory and business environment to ensure compliance with legislative and governance requirements, and to detect and prevent potential violations.

Our Expertise

We take a practical, pro-active and business-minded, solution-oriented approach to managing and minimizing corruption risk. We deliver advice on:

  • Bribery and Corruption Prevention: Carrying out risk assessments, including reviewing clients’ existing policies, procedures and internal controls to identify their potential legal risk exposure. Advising on anti-bribery policy development, designing and assisting in the implementation of comprehensive internal compliance policies and procedures, including whistle-blower procedures. Drafting bespoke clauses for contracts such as contracts for services, employment contracts and agency agreements.
  • Due Diligence and Deal Structuring Advice: Providing transactional due diligence and structuring advice to protect clients against post-closing corruption issues.
  • Crisis Management, Investigations and Litigation Services: Pro-actively minimizing crisis risk through strategic planning. In the event of a breach or potential breach or other crisis, providing clients with crisis management advice and, where appropriate, conducting internal investigations. Advising and representing clients faced with external investigations and/or civil or criminal litigation.
  • Training and Education: Developing and implementing comprehensive training and education programs for directors, management teams, employees and business partners.

Client Work

  • Investment firm elevates their compliance standards for EDC-funded expansion, [Case - Confidential], Investment firm's compliance revamp secures EDC's $13M capital boost
  • Major mining firm overhauls anti-bribery policies and training, [Case - Confidential Client], In response to heightened vulnerability due to subpar anti-bribery practices, a prominent mining company operating across several high-corruption jurisdictions initiated a thorough revision and enhancement of its anti-bribery policies. Fasken assisted in the development of these policies and robu...
  • Pharmaceutical leader with international reach updates Canadian compliance manual, [Case - Confidential Client], Pharmaceutical entrusts Fasken with the creation and ongoing updates of its Canadian compliance manual, focusing on anti-bribery, corruption, and sanctions, to stay ahead of legal developments.
  • Professional sports organization seeks guidance on developing their anti-bribery and corruption policy for Canada, [Case - Confidential Client], Sports organization enhances compliance with custom anti-bribery policy
  • Honeywell International completes acquisition of COM DEV International and spin out of exactEarth, [Deal - exactEarth Ltd.], In November, 2015, Honeywell International Inc. entered into an agreement with COM DEV International Ltd., a leading Canadian manufacturer of satellite systems equipment, in which: (i) Honeywell acquired all the outstanding common shares of COM DEV and (ii) the exactEarth Ltd. business, a subsidi...
  • Drafted the anti-bribery and corruption policies of one of the world’s largest helicopter transportation services companies, [Case - Confidential Client], Drafted the anti-bribery and corruption policies of one of the world’s largest helicopter transportation services companies

Knowledge

  • Transparency International’s Criticism of Canada’s Anti-Bribery and Corruption Enforcement: Protect your Company from the Expected Increase in Enforcement Risk, 1/16/2023
  • The COVID-19 Challenge to Bribery and Corruption Due Diligence in International M&A Transactions: Some Practical Solutions, 3/25/2020
  • International Efforts against Corruption: The New Brazilian Anticorruption Law and The Canadian Experience, 3/12/2015

News

  • The Globe and Mail quotes Patrick McCann and mentions Nabila Abdul Malik in an article on the first-ever acquittal in bribery and corruption case, 3/9/2023
  • Thelawyersdaily.ca quotes Peter Mantas in an article about anti-bribery laws and overseas business operations, 6/28/2017
  • JWN Energy quotes Peter Mantas in an article on Canada’s strong anti-corruption laws after Trump repeal, 3/22/2017

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