McDermott Will & Schulte, a global law firm

Effective anticorruption compliance is critical to any company operating internationally. We regularly conduct internal investigations of reported concerns under the Foreign Corrupt Practices Act (FCPA) and other anti-bribery laws to determine the veracity of allegations and to advise companies on responding effectively, including taking steps to reduce opportunities for future misconduct. We also defend companies and individuals in government enforcement and regulatory investigations by authorities in the United Statesand other countries.

We leverage our investigations and defense experience to assist clients in developing effective compliance programs and with appropriate compliance policies, procedures and training designed to enhance rather than disrupt business operations. We conduct global compliance risk assessments to help our clients make informed decisions on how to allocate compliance resources. We assist clients in conducting anticorruption due diligence and drafting strong contracts in cross-border deals and engagements of third-party representatives in order to mitigate the significant anticorruption risks those relationships present.

Our team includes former senior lawyers from the US Department of Justice (DOJ), US attorneys' offices and the US Securities and Exchange Commission (SEC), and individuals with deep in-house compliance, computer forensics and accounting experience, who collaborate to provide clients with the multidisciplinary experience and counsel that anticorruption matters often require.

Lo Studio è uno dei principali attori in Italia e nel mondo nella consulenza legale in ambito societario e in operazioni di M&A (acquisizioni mediante acquisto di azioni o di asset, operazioni di fusione, trasferimento di azienda e scissione), sia svolta per conto di società multinazionali coinvolte in operazioni cross-border, sia per piccole e medie imprese.

Attraverso il coinvolgimento dei nostri professionisti specializzati in diritto societario, fiscale e antitrust siamo in grado di fornire assistenza legale interdisciplinare anche quando le operazioni di M&A richiedono la definizione di complesse strutture societarie quali ad esempio la predisposizione di un finanziamento per l’acquisizione, la valutazione dei profili fiscali dell’operazione, nonché l’analisi delle implicazioni antitrust e regolamentari. Lo Studio assiste clienti italiani ed internazionali nelle operazioni che prevedono offerte pubbliche d’acquisto, sia ostili che amichevoli, compresa la gestione dei rapporti con le autorità di vigilanza e con tutti gli altri soggetti interessati. Assistiamo i nostri clienti nella gestione di tutte le fasi dell’operazione, a partire dalla lettera di intenti e dalle operazioni di due diligence legale e fiscale fino alla negoziazione e redazione degli accordi definitivi, all’assistenza al closing ed alle attività successive al closing.

Inoltre, il nostro team fornisce assistenza su tutti gli aspetti del diritto societario e commerciale, tra cui: la redazione e negoziazione di contratti commerciali e joint venture, la costituzione di società, la compliancesocietaria, il supporto nella progettazione e nella gestione di sistemi di governo societario (corporate governance), operazioni di finanziamento societario anche a livello infragruppo, sviluppo di modelli organizzativi delle società ai sensi della legge 231/2001.

Nel fornire i nostri servizi combiniamo le specifiche competenze legali con la conoscenza dei settori merceologici in cui operano i nostri clienti. La nostra esperienza ci permette di adattare le soluzioni legali alle necessità dei clienti, con particolare attenzione al contenimento dei costi, all’efficienza e al rispetto della tempistica, in modo tale da fornire un servizio di consulenza legale sofisticato e pragmatico.

At the forefront of data innovation and what’s next

Whether you are navigating the increasingly complex web of emerging privacy laws, responding to a data incident, unleashing the power of the data you collect, finding ways to safeguard the valuable information you hold or otherwise in need of a data-based “gut check,” our global privacy & cybersecurity team provides the practical guidance to minimize risk and drive your business forward.

Clients turn to our award-winning team for risk-based insights rooted in commercially oriented advice informed by regulatory expertise. Having worked in-house and been seconded to some of the most well-known companies, we understand our clients’ expectations and the need to identify realistic risk priorities and maximize business opportunities. Our team comprises engineers and computer coders, former senior government officials and cybercrime prosecutors. In addition, we helped draft the laws—we contributed to the legislative process to develop the California Privacy Rights Act (CPRA) and served at the European Commission leading deliberations over the General Data Protection Regulation (GDPR) and the e-Privacy regulation. We help you plan and prepare for the full lifecycle of data privacy needs, from proactive privacy and security counseling to incident response and regulatory and civil litigation.

Corporations across a wide range of industries partner with us to solve their most complex challenges, including:

• Developing global “soup to nuts” privacy and cybersecurity compliance programs
• Navigating evolving state and international privacy laws and sector-specific cybersecurity requirements
• Addressing the increased scrutiny and attention on privacy and cybersecurity from regulators, plaintiffs’ bar, vendors, insurers, customers and consumers
• Implementing “reasonable” cybersecurity and privacy standards that survive regulatory oversight and litigation
• Combatting increasingly sophisticated threat actors
• Developing scalable frameworks for evaluating vendors and corporate acquisition targets
• Developing data collection, monetization and digital marketing strategies
• Counseling on product development
• Advising on the cross-border transfer of personal data
• Maintaining attorney-client privilege and work product protections for internal investigations
• Deploying efficient and effective templates and resources

Today’s organizations and individuals need legal advisors who can help them navigate government investigations; defend qui tam actions, criminal charges, and parallel proceedings; and interpret and address complex regulations. We have the necessary global experience, deep insider knowledge of government processes, and business acumen to help our clients favorably resolve investigations, minimize legal risk, protect reputations, and achieve business goals.

Fortune 500 companies, executives, and board members rely on our global team of more than 60 lawyers to defend them in high-stakes government investigations and lawsuits. Among our key differentiators, we are one of the few law firms with experience handling white-collar proceedings involving digital assets like cryptocurrencies and NFTs, earning us a Band 1 ranking in Crypto-Asset Disputes by Chambers USA. Working in conjunction with our leading healthcare regulatory team, our white-collar lawyers are also uniquely positioned to handle the most sophisticated healthcare matters and to drive government investigations, agency inquiries, and litigation to the best possible results for our clients.

Our white-collar team includes dozens of former senior government officials from the US Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC), the Department of Health and Human Services (HHS), and other leading US agencies that investigate and prosecute white-collar crime. While serving in these roles, our lawyers led high-profile enforcement matters across every major industry. We combine insider experience with deep knowledge of white-collar law to help clients develop effective compliance programs, craft strong positions against government allegations, and minimize reputational damage.

We help navigate the extremely complex and constantly evolving landscape of export and import controls. We also assist in risk mapping and due diligence related to trade controls issues, including reporting requirements around mergers and acquisitions. Leading private equity houses seek our strategic advice on export controls, particularly regarding software, technology, and national security elements. Additionally, we represent clients in applying for export licenses.

We provide advice on classification, valuation, duty assessment (including treatment under the full range of duty preference programs), country of origin and marking, user-fee assessment, bond and warehouse matters, drawback, Foreign Trade Zones, bonded warehousing in the US, the UK, and the EU, as well as on quotas, regulatory restrictions on food, drugs and other products, exclusion and seizure of merchandise, regulatory audits, and resolution of alleged customs violations. We routinely assist clients in conducting internal audits and reviews, preparing compliance programs, and implementing compliance policies.

We assist clients facing regulatory investigations or prosecutions concerning sanctions and other regulatory breaches, including approaching authorities and negotiating settlements. We often intervene as sanctions and export controls advisors in the context of ongoing litigation and arbitration proceedings in the US, the UK, and the EU. Together with lawyers in the firm’s industry-leading white-collar and government investigations practice, we represent clients on anticorruption and anti-money-laundering laws, including the US Foreign Corrupt Practices Act and the UK Bribery Act, as well as related laws of EU Member States, including those implementing the EU Whistleblower Directive.

We have extensive experience advising on national security-related matters in connection with the cybersecurity, telecommunications, defense, and aeronautics industries. We also advise clients in assessing their compliance with the CFIUS, the UK National Security and Investment Act, and the EU Foreign Subsidies Regulation, and obtaining clearances from US, UK, or EU regulatory authorities. Additionally, we represent numerous companies from the telecommunications, defense, and aeronautics industries before various US, UK, and EU administrative bodies.

We advise on any legislation impacting global trade and global supply chains, including EU and UK chemical legislation and product safety and liability rules, such as the recently implemented EU Carbon Border Adjustment Mechanism and EU Deforestation Regulation. Our product compliance practice also includes ongoing counsel and representation of clients before US Customs and Border Protection and the national customs authorities of other countries, including the UK and EU Member States.

We have a sophisticated and deeply entrenched understanding of economic sanctions and their impact on our clients’ businesses and industries. We assist in managing compliance risks in the context of conflicting sanctions and blocking statutes across multiple jurisdictions. Our broad experience includes assessing potential risks associated with contracts, relationships, or proposed business ventures, including in relation to sanctions and export controls. We also conduct due diligence, draft and negotiate appropriate contractual protections, and establish operational, compliance, and auditing protocols. Our team helps draft and implement compliance policies and is often sought after to provide sanctions compliance training to our clients’ senior management, boards of directors, and employees.

US sanctions: In recent years, the US has significantly expanded its sanctions, particularly targeting Russia and Iran. The US Department of the Treasury’s Office of Foreign Assets Control has issued numerous designations and substantial penalties for noncompliance with US sanctions against multiple major corporations. Additionally, the US has introduced new measures to counter sanctions evasion, specifically in the context of trade with China. Our US team helps major corporations and other business entities with all issues relating to US sanctions.

EU sanctions: The EU has been equally proactive, extending its packages of sanctions against Russia in response to the ongoing war in Ukraine in an unprecedented way. The EU has also intensified efforts to prevent sanctions circumvention, with increased enforcement and international cooperation to ensure the effectiveness of these measures. With local offices in key Member States, our team is well-positioned to advise on these developments, helping clients navigate the evolving regulatory landscape. Additionally, our well-established connections with Member State regulators enable us to provide timely and accurate insights, ensuring that our clients are always informed about the latest regulatory changes and compliance requirements.

UK sanctions: Following Brexit, the UK introduced a sanctions regime that is separate from EU sanctions. Additionally, the UK government has established the Office of Financial Sanctions Implementation and the Office of Trade Sanctions Implementation to enhance the enforcement of financial and trade sanctions, reflecting a more robust approach to sanctions compliance and enforcement. We provide invaluable advice on these sanctions, ensuring that our clients remain compliant and up to date with all recent developments.

Working with senior levels of government and the US Congress, we routinely help clients resolve trade policy concerns that impede the timely flow of goods through ports and across borders. We have highly regarded trade capabilities in the agribusiness and beverage sectors, as well as in numerous other industries across US commerce.

In conjunction with our Food, Beverage & Agribusiness Group, we have played a key role in free trade agreements (FTAs) involving the US, the EU, Canada, China, and other countries. We help clients navigate the complex maze of FTA agreements around the globe and provide broad-ranging counsel on the trade effects and supply-chain implications of bilateral and regional regimes.

We also have substantial experience in virtually all areas of World Trade Organization law. We have litigated major cases before the WTO and its predecessor, the General Agreement on Tariffs and Trade, particularly in cases involving agricultural commodities interests. Among other highlights, we acted as lead counsel in the long-running dispute over Europe’s banana import regime, often called “the trade case of the decade.”

Our lawyers have successfully represented producers, exporters, importers, and domestic industries in antidumping, countervailing duty, safeguards, unfair import practices, unfair export practices, and other proceedings related to Brazil, Canada, China, Colombia, Ecuador, the EU and individual EU Member States, Japan, Korea, Mexico, Poland, Russia, Singapore, Sweden, Switzerland, Taiwan, and other countries. These cases have involved products in virtually every industry, including electronics, telecommunications, steel and metals, chemicals, apparel and textiles, automotive parts, agricultural goods and food, and energy and commodities. We regularly prepare and present oral and written testimony, questionnaire responses, briefs, and written comments in administrative trade proceedings and judicial and agency investigations.