Miller & Chevalier has a long history of helping U.S. and foreign clients resolve regulatory, criminal, and other compliance challenges in key markets in the Asia-Pacific (APAC) region. Our work includes advising on U.S. laws and international treaties, including anti-corruption, fraud, anti-trust, sanctions, trade, human rights, and other laws and international standards affecting multinational companies' APAC operations, often in conjunction with expert lawyers in critical jurisdictions. Our on-the-ground experience, local cultural and language fluency, and extensive experience interacting with relevant regulators makes us well-situated to advise our clients on how to assess risks, investigate concerns related to company policies and legal rules, and implement compliance programs for their APAC operations.
We understand that cultural and regulatory differences can complicate multinational companies' compliance efforts, and we leverage this understanding to give our clients practical and effective advice on how to address compliance concerns. Our APAC practice includes practitioners skilled and experienced in representing clients headquartered or with operations in the region. Many of our attorneys are multi-lingual and have lived and/or practiced abroad, including in China, and bring those experiences to bear to solve difficult client issues.
For multinational companies, competing regulations and norms in different jurisdictions pose added challenges to company operations and responses to regulatory risks, including developing and monitoring workable compliance programs and managing internal and government-directed investigations of potential legal violations. We regularly leverage a trusted network of local legal experts to advise on how to balance and effectively mitigate potential risks under local law.
Miller & Chevalier has worked on many substantial corruption, fraud, sanctions, trade, human rights, and other compliance matters in critical markets like China, India, Hong Kong, Malaysia, Indonesia, Thailand, Vietnam, South Korea, and Japan.
- Asia Corporate Representations. We represent global companies with presence in Asia, Asia-based multinationals, and regional companies engaged in market expansion or entry into U.S. markets in criminal and regulatory inquiries and in U.S. court proceedings.
- Individual Representations. We defend individuals in criminal and regulatory inquiries related to corruption and fraud issues involving the region.
- Independent Compliance Monitorships. We have served as U.S. government-approved independent compliance monitors for Foreign Corrupt Practices Act (FCPA) and related dispositions with companies that have extensive Asian operations, as well as acting as "buffer counsel" advising such companies on how to navigate such monitorships.
- MDB Sanctions Proceedings. We defend companies in multi-lateral development bank sanctions proceedings involving projects in Asia.
- External Auditor Dealings. We represent companies when issues arise related to external auditor expectations on accounting-related questions in the region.
- International Financial Institutions. We advise multi-lateral financial institutions on their management of integrity risks in the region.
- Foreign Direct Investment. We advise investors in China and elsewhere in the region, as well as U.S. fundraisers and acquisition targets, with all aspects of the Committee on Foreign Investment in the United States (CFIUS) process.
- Represented a client in connection with a four-year U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ) industry-wide sweep of the pharmaceutical sector involving a client's China-based operations. Conducted massive compliance assessment involving over 100 interviews in three weeks by Miller & Chevalier attorneys and extensive forensic testing, as well as conducted other internal investigations before and after the agencies' investigation. We successfully obtained declinations for our client from both agencies.
- Conducted an FCPA-related investigation focused on China and Southeast Asia for a global manufacturing company, including disclosure of the matter to and representation of the client in a subsequent investigation by the DOJ, which was ultimately closed without action against the company. The client also engaged Miller & Chevalier to perform a global risk assessment and design the company's anti-corruption compliance program.
- Conducted a deep dive FCPA compliance assessment of China-based operations for a global healthcare company, including document review, on-the-ground interviews, and supervising and integrating forensic accounting work.
- On behalf of a global supplier of industrial technology, investigated potential FCPA issues at the client's operations in South Korea and China and assisted with the disclosure of the matter to the DOJ and SEC. The company engaged Miller & Chevalier to investigate export controls issues in China which surfaced during the FCPA investigation. The DOJ and SEC closed the investigation without taking any action.
Anti-Corruption & Fraud
- In connection with a government-mandated review of a company's compliance program following an FCPA resolution with U.S. authorities, conducted a broad-ranging compliance assessment of the company's China operations. This assessment included on-site interviews of 80 company personnel ranging from country management and gatekeeper functions to sales personnel active in all provinces, forensic testing of transactions, and evaluation of relevant policies and procedures.
- On behalf of a multinational education company, performed an independent investigation into allegations of potentially improper payments in China and advised the company on interactions with whistleblowers and remedial steps.
- Conducted an investigation on behalf of a multinational automotive parts manufacturer into whistleblower allegations of potentially improper payments in China.
- Conducted a whistleblower-related internal investigation for a company in the gaming industry and its China-based subsidiary, including a review of the company's third-party relationships in China. Following the investigation, Miller & Chevalier also performed anti-corruption compliance trainings for the company in Macau and Mainland China.
- As a result of issues identified during due diligence performed for a global technology client with operations in China, conducted an investigation into potential improper payments made via a travel agent through gifts, travel, and entertainment.
Export Controls & Sanctions
- On behalf of an EU-based multinational, conducted an export controls risk assessment of a potential joint venture (JV) with a Chinese entity with close ties to the Chinese government and military.
- On behalf of a U.S.-based healthcare startup, conducted a global export controls and sanctions risk assessment, including significant work in Hong Kong. Following the risk assessment, Miller & Chevalier was engaged to develop the company's trade compliance program.
- Representing a Chinese technology company that was added to the U.S. Department of Commerce Bureau of Industry and Security (BIS) Entity List in its appeal to the End-User Review Committee seeking delisting.
- Advised a global company and its Chinese JV partners with respect to their ongoing business with several Chinese sanctioned companies to effectively navigate continued compliance with U.S. export controls and sanctions, contractual obligations, and business realities.
Business and Human Rights
- Counseled Chinese and U.S.-based clients on supply chain mapping and restructuring, traceability protocols, supplier audits, codes of conduct, and contractual provisions to minimize risks of forced labor throughout supply chains in China and other jurisdictions in Asia.
- Designed and helped implement an anti-forced labor compliance program for one of the world's largest solar panel manufacturers with significant operations in China and assisted with the company responses to inquiries from U.S. Customs and Border Protection (CBP) regarding the admissibility of U.S. imports.
- Designed a global human rights risk assessment for a multinational chemicals manufacturer and mining company. Following the design of the risk assessment protocol, the company engaged Miller & Chevalier to conduct pilot, site-specific risk assessments in China and South America.
- Advised a global apparel company on forced labor risks related to workers from China's Xinjiang Uyghur Autonomous Region (XUAR), including assistance with supply chain risk mitigation strategies, remediation of forced labor indicators, and inquiries from members of Congress.
- Successfully represented multiple companies before CFIUS in connection with transactions involving investment from China.
- Regularly advise an international technology company on economic sanctions and export controls issues around the globe, including conducting investigations in China and India, as well as liaising with the U.S. financial institutions involved in the at-issue transactions to coordinate on remediation and potential outreach to U.S. regulators.
- Developed and co-authored the World Bank's Detailed Implementation Review of India's Health Sector that made numerous technical recommendations for updating World Bank procedures and controls to mitigate, detect, and prevent corruption, fraud, collusion, bid rigging, and other misconduct in bank-financed development projects.
- Conducted an internal investigation and compliance assessment in India for a global life science company, involving almost a month in country, numerous interviews, and the assistance of outside forensic accountants.
- Conducted an internal FCPA investigation for a high-profile, U.S.-based, non-profit 501c3 organization into alleged improper payments through a third-party consultant to a tax official in India, including advising the company on potential voluntary disclosure and remedial steps.
- Investigated a former employee's whistleblower complaint against the company filed with the Occupational Safety and Health Administration (OSHA), alleging the employee was terminated after raising FCPA compliance concerns regarding the company's operations in India, Angola, and Nigeria. Miller & Chevalier was engaged to review the compliant, investigate the issues alleged, advise the client on a response to the formal compliant and prepare for further inquiries from relevant enforcement agencies.
- Conducted an internal FCPA investigation into allegations of alleged improper payments related to government raids at two distribution centers.
- Conducted an internal FCPA investigation into an alleged improper payment to a high-ranking government official related to a product sale to the Defense Ministry.
- Conducted an internal investigation into the practice of giving gifts to government officials in honor of Diwali.
- Conducted site visits in India for multiple companies as part of their FCPA compliance monitorships.
- Defended numerous Japanese corporate executives against prosecution in the DOJ's investigation into alleged cartel conduct in the auto parts industry, the DOJ's largest antitrust investigation in history. As a result, none of them has been prosecuted by the DOJ.
- Conducted cross-border investigations for companies regarding possible sanctions violations related to North Korea.
- Successfully defended a Japanese executive facing an Iran sanctions investigation in the United States.
- Conducted an independent investigation involving trade secret theft for a South Korean company.
- Conducted an internal investigation for a multinational company relating to allegations made by a former employee alleging that a senior company manager bribed South Korean government officials to secure contracts through gifts, cash payments, and various other forms of entertainment.
- Advised a life sciences company on follow-on compliance issues coming out of a multi-billion-dollar acquisition of a privately held foreign company. Over nine months, Miller & Chevalier conducted assessments and site visits in South Korea, China, Japan, and several other jurisdictions in Africa, the Middle East, Europe, and Latin America.
- Conducted an investigation for a multinational company involving potential issues with entertainment of government officials and VIP sales to government representatives.
- Represented a company, first in conducting an internal investigation and, thereafter, in a government investigation in connection with whistleblower allegations of improper payments allegedly made by the company's agent in South Korea. Successfully represented the company before the SEC, resulting in no enforcement action.
- Conducted an internal investigation for a multinational company involving alleged improper payments and other benefits promised or given by the company's agent to government officials related to the settlement of local government audit.
- Represented an executive in connection with DOJ investigation involving improper hiring of family members of public officials in South Korea.
- Conducted a comprehensive internal investigation on behalf of an international company in the oil and gas sector into allegations of improper payments to officials and irregularities surrounding tendering issues in Indonesia. The investigation involved reviewing a substantial volume of electronic data, as well as interviewing employees on site. The investigation was further complicated by the need to balance sensitivities amongst legacy employees, as the company had recently undergone a merger.
- Assisted an information technology company with an internal investigation into potential bribery in a public sector technology procurement in Malaysia.
- Investigated potential improper travel and entertainment provided to officials in Vietnam in violation of company policies for a multinational oilfield services company with operations in Southeast Asia, including an on-site visit to the company's offices in Vietnam.
- Investigated a long-standing practice of providing facilitation payments to customs and Ministry of Industry officials in Indonesia to obtain import licenses.
- Undertook a substantial investigation for an oil and gas company in Indonesia involving potential payments to customs officials and related to licensing of projects, including extensive document collection, interviews on the ground, and forensic accounting analysis.
- Assisted a large multinational in the extractives sector with due diligence and the compliance integration of an acquisition worth over $2 billion. In connection with the work, Miller & Chevalier performed due diligence on the acquisition's JV partners in Indonesia, Malaysia, and Ghana, which involved interviews with employees, JV personnel, and the JV partners, retention of specialized due diligence firms, and review of related contracts.
- Conducted an internal investigation on behalf of a U.S.-based multinational company to understand the extent to which VIP discounts were extended to individual officials associated with government customers.
- Represented an agricultural and life sciences company in an internal investigation, followed by a U.S. government investigation, of potential improper payments in Indonesia. The action resulted in the first-ever Deferred Prosecution Agreement issued by the DOJ under the FCPA.
- Global Investigations Review: GIR 30 Top Global Investigations Practice, 2015 - 2020
- Global Investigations Review: Boutique or Regional Practice of the Year, 2016
- Just Anti-Corruption/Global Investigations Review: "Elite" in Washington, DC's FCPA Bar, 2016
- Chambers USA: FCPA (Nationwide), 2014 - 2021
- Chambers USA: Corporate Crime & Investigations (Nationwide), 2015 - 2021
- Chambers Global: Corporate Crime & Investigations (USA), 2016 - 2022
- Chambers Global: Corporate Investigations/Anti-Corruption (Global-wide), 2017 - 2022
- Chambers Global: FCPA (United States), 2015 - 2022
- Chambers Global: Investigations & Enforcement (International & Cross-Border) (USA), 2020 - 2022
- Legal 500: Dispute Resolution: International Trade (U.S.), 2011, 2013 - 2021
- U.S. News - Best Lawyers® "Best Law Firms": International Trade and Finance Law (National), 2011 - 2022
- U.S. News - Best Lawyers® "Best Law Firms": International Trade and Finance Law (District of Columbia), 2011 - 2022