Global Enforcement
JLG’s attorneys not only possess the skill, experience and cultural knowledge required to achieve victorious results in complex international litigations and arbitrations, but also excel at helping clients efficiently resolve misunderstandings and disagreements through constructive diplomacy. Conducting international business presents distinctive risks, many of which may seem impossible to foresee. That’s why JLG tailors its strategic and tactical advice based on a wide range of local, geopolitical and client-specific factors.
In situations where conflict becomes unavoidable, winning in the courtroom is necessary but sometimes insufficient. This is especially true for matters involving multiple jurisdictions. JLG is continually ready to deploy a powerful arsenal of “hybrid litigation” techniques including:
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Collaboration with local allies & law firms
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Integrated media and image campaigns
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Defensive and opposition research
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Government relations
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Intelligence and counterintelligence
Regardless of size, complexity or subject matter, your custom-designed JLG team will be 100% prepared to outfight and outthink the enemy – around the corner or around the world.
We will help you to obtain the best results. To discuss your legal issues and learn how we can help you, contact us for a free evaluation or call us at 347-897-6199.
Although most US businesses have long been aware that the Foreign Corrupt Practices Act (the “FCPA”) imposes serious penalties on individuals and entities that obtain (or attempt to obtain) business by bribing foreign government officials, recent years have seen a dramatic expansion of FCPA enforcement both in terms of scope and targeting. Many non-US businesses, for example, incorrectly assume the law only applies to their US counterparts when, in fact, the US government is increasingly prosecuting foreign entities – including companies solely transacting within their own countries. In 2018, the Department of Justice announced what it refers to as “The China Initiative,” prioritizing FCPA scrutiny on all US/PRC business relationships, essentially, one more “offense tactic” in the ongoing trade war between the world’s two largest economies.
JLG actively helps shield individuals and companies who are engaged in international transactions from FCPA liability by creating effective compliance programs; counseling clients on how best to communicate FCPA concerns with foreign counterparties; and actively defending targets of both investigations and prosecutions.
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Compliance: As the DOJ and SEC guidelines explain, the first step toward limiting the risk of being caught up in an FCPA investigation is establishing internal guidelines. This includes conducting regular training sessions with senior management and relevant employees. As experienced FCPA practitioners, JLG will meet with management, discuss your concerns and then assist with the implementation of a plan specifically appropriate for your business and counterparties.
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Active Engagement: One of the most challenging aspects of FCPA compliance is implementing US legal requirements that, in some nations, might be construed either contrary to cultural norms or even insulting. JLG works with closely with clients and their business partners to explain FCPA issues in a culturally sensitive manner while still emphasizing the absolute importance of transparency.
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Defense: For clients facing an investigation or actual FCPA charges (or conducting an internal investigation/audit), JLG’s Global Enforcement Group draws on support from all its sub-specialties. Our long experience constructively engaging with Chinese counterparties further informs our ability to construct defenses that both minimize liability risk and help preserve business relationships.
For international businesses, few issues are more salient than unpredictable commodity tariffs, currency valuation disputes, fluctuating sanctions regimes and the unpredictability and mistrust caused by politically motivated accusations and suspicions. US-China trade relations have become uniquely and unfortunately strained. Even when the dust eventually settles and the world’s two largest economies resume a more sensible approach to commerce, there will still be WTO disputes, regional conflicts and changing treaties, all requiring complex legal navigation. JLG is here to help.
Our seasoned team of trade attorneys assist clients in the following areas:
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Drafting, interpreting and negotiating transnational contracts
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Providing company, industry and region-specific intelligence
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Creating, maintaining and adjusting internal compliance regimes
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Connecting executives with government officials and influencers
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Designing media and public affairs campaigns to ensure long-term business relationships can withstand geopolitical rivalries
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Providing in-house training sessions and other materials that help minimize disruption to otherwise healthy marketing plans
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When necessary, pursuing official actions (including mediation, litigation, arbitration and regulatory proceedings) before numerous international tribunals.
Especially in the arena of international trade, JLG goes beyond zealous representation. Through creative solutions, we seek a more interconnected world = a goal that combines good lawyering, smart business and proactive global citizenship.
Becoming the subject of a government investigation or criminal prosecution can be an understandably terrifying experience. From the moment you retain JLG’s services, however, you’ll gain the reassurance of having skilled legal warriors at your side – 24/7. Members of our team have achieved victories in high-stakes criminal trials and have frequently been able to end investigations through meticulous attention to detail, sophisticated analysis and persuasive negotiating tactics. Whatever the government may be alleging, protecting your rights, reputation and business interests is JLG’s m
Practice Specialties:
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Civil and criminal securities fraud
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Foreign Corrupt Practices Act (“FCPA”)
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INTERPOL Red Notices
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Civil and criminal accounting fraud
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Civil and criminal immigration violations
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Cross-border criminal matters
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Government corruption/ethics charges
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Multi-defendant prosecutions
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Cyber-security/Hacking
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National security issues
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Criminal and Civil RICO
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Banking and alternative investment defense
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Coordinated press strategy and crisis management
Most importantly, JLG prevails by closely listening to our clients, shaping the narrative and never backing down even in the face of intense government pressure.
With laws and regulations in constant flux, and enormous differences between jurisdictions, even corporations with excellent compliance programs increasingly find themselves needing to address the prospect of unintentional errors, negligence or outright criminality. JLG has long recognized that moving rapidly and proactively is far less costly than willful blindness. JLG’s internal investigations philosophy is straightforward: At the first hint of smoke, we locate and extinguish the fire.
Our attorneys have decades of experience performing complex document reviews, collaborating with forensic accountants, interviewing witnesses and securing critically important client interests. This includes managing unwanted publicity, ensuring confidentiality and – when necessary – negotiating government cooperation agreements (wherever possible, without waiving the attorney-client privilege, work-product doctrine or risking the loss of intellectual property).
Our capabilities include:
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Qualitative and quantitative analysis
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Expert legal guidance
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Rapid response
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Best-in-class technology
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Constant awareness of changing regulatory environments
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Experience with securities fraud, FCPA, taxation, accounting irregularities, malpractice, whistleblower complaints and a wide array of other fiduciary matters
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Media expertise
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Drafting and presenting comprehensive after-action reports
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Helping clients decide how, when and whether to cooperate with government investigators
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Damage mitigation (e.g., handling the fall-out from having to restate a quarterly report)
Merely hoping that a problem will “solve itself” is not a viable option. JLG will efficiently, covertly and constructively identify the best of course action, execute a cost-effective investigative plan and work tirelessly to defend both your business and its shareholders.
Both US and foreign regulatory regimes possessive enormous power to intrude into the lives of individuals and businesses suspected of civil or criminal wrongdoing. Even in the absence of formal process, agencies like the SEC and IRS can demand vast numbers of documents, interview targeted employees and executives and even review profoundly personal information such as cell phone records, emails, instant messages and social media. In some instances, the government’s “long arm” even extends to friends and family.
As JLG has expanded – both in the US and internationally – we have increasingly realized that many clients benefit from a combination of legal and non-legal services. By adding a Strategic Communication capability, we can now perform many functions traditionally handled by PR and public affairs firms. From a client-perspective, there are multiple advantages but two are especially noteworthy:
(1) Direct Integration: Both for litigation and transactional matters, knowing how, when, why or why not to engage the engage the media and/or perform other types of outreach are crucially important decisions. JLG’s integrated approach ensures appropriate coordination, increases overall efficiency and protects client interests in situations where a PR firm may not fully understand the legal ramifications of public engagement.
(2) Decreased Expenditures: We save time and costs by eliminating duplicative research and helping clients develop and execute all-encompassing strategies beginning Day 1.
Communications Services:
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Comprehensive research (in combination with our Competitive Intelligence service)
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Messaging
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Audience research
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Integrated media planning and execution (earned media, social media, placed media and paid media)
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Media avoidance – strategy and tactics
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Culturally tailored communications plans
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Corporate communications
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Litigation communications
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Relationship development
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Matter-specific branding and marketing
JLG’s competitive intelligence specialists apply skills learned in the business world, on political campaigns and in government to provide you a significant edge over the competition. Total situational awareness and enhanced security have never been more important. Given today’s unprecedented economic instability and political uncertainty, our ability to deliver a customized suite of intelligence tools – in both legal and non-legal contexts – is another example of JLG’s commitment to “total representation.”
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Opposition research
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Defensive research
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Industry and sector analysis
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Political risk assessment
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Legislative tracking
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Defensive cyber-security
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Information operations
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Government relations
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OSINT (Open source intelligence analysis)
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Market research
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Background checks and cooperation with top private investigators
Knowledge isn’t just power – it’s often the singular game-changer during negotiations, litigation and even day-to-day business. As a stand-alone product or in coordination with legal representation, JLG’s Competitive Intelligence team makes sure you and leadership team can establish and maintain a dominant position.