Global Enforcement

Jia Law Group
Jan 1
7 min read

Updated: 5 days ago

Cross Border Disputes & Counseling

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:

Collaboration with local allies & law firms
Integrated media and image campaigns
Defensive and opposition research
Government relations
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.

Internal Investigations

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:

Qualitative and quantitative analysis
Expert legal guidance
Rapid response
Best-in-class technology
Constant awareness of changing regulatory environments
Experience with securities fraud, FCPA, taxation, accounting irregularities, malpractice, whistleblower complaints and a wide array of other fiduciary matters
Media expertise
Drafting and presenting comprehensive after-action reports
Helping clients decide how, when and whether to cooperate with government investigators
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.

White-Collar Defense

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 mission:

Practice Specialties:

Civil and criminal securities fraud
Foreign Corrupt Practices Act (“FCPA”)
INTERPOL Red Notices
Civil and criminal accounting fraud
Civil and criminal immigration violations
Cross-border criminal matters
Government corruption/ethics charges
Multi-defendant prosecutions
Cyber-security/Hacking
National security issues
Criminal and Civil RICO
Banking and alternative investment defense
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.

Foreign Corrupt Practices Act

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.

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.
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.
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.

International Trade

Few issues are more salient for international businesses than unpredictable commodity tariffs, currency valuation disputes, fluctuating sanctions regimes and the unpredictability and mistrust caused by politically motivated accusations and suspicions. In particular, US-China trade relations seem to worsen by the day. 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:

Drafting, interpreting and negotiating transnational contracts
Providing company, industry and region-specific intelligence
Creating, maintaining and adjusting internal compliance regimes
Connecting executives with government officials and influencers
Designing media and public affairs campaigns to ensure long-term business relationships can withstand geopolitical rivalries
Providing in-house training sessions and other materials that help minimize disruption to otherwise healthy marketing plans
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.

Regulatory Compliance

Establishing and maintaining effective compliance regimes is necessary in a range of different contexts: When creating a business or entering a new area of business; Moving into a new geographic region; Changing corporate formation; During a merger or acquisition; and, of course, when under specific government scrutiny. For companies already possessing extensive compliance systems, JLG helps your team perform at its best by ensuring they possess the most up-to-date information, knowledge of evolving best practices and can always reach out for advice and insight. Smaller entities and/or those going through transitions, however, often need to build out new systems from the ground up. In either situation, we will cooperate as a de facto in-house counsel to perform whatever suite of functions bests suits your needs and aspirations:

Provide regular written updates on industry specific legal and regulatory developments
Conduct briefings/trainings for executives, in-house attorneys; and relevant stakeholders
Perform local, state, national and international regulatory analysis
Develop compliance cost-saving regulatory solutions
Prepare specific compliance plans and presentations – where necessary in conjunction with top experts
Help design and systematize compliance programs
Adapt compliance systems in accord with cross-cultural issues/concerns
Integrate compliance with crisis management and other preparedness programs
Evaluate and recommend technological methodologies
Engage with elected officials, influencers, regulators and other relevant stakeholders.

Government Investigations

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, CFTC 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 personal communications with friends and family. JLG practitioners strive to lessen these burdens by narrowing the government’s investigatory scope, negotiating reasonable limitations, protecting sensitive, proprietary and privileged information and by helping you and your team implement proactive tactics.

Specifically, our skilled professionals will:

Meet with executives to identify and minimize likely risks
Maintain confidentiality so that investigations don’t leak into the press or interfere with business relationships
Perform detail-oriented document reviews
Assist with all aspects of interview/deposition preparation
Prepare correspondence and formal reports aimed at obtaining declination decisions
Understand any cross-border complications
When necessary, aggressively defend client rights during formal regulatory, civil and criminal litigations

Competitive Intelligence

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.”

Opposition research
Defensive research
Industry and sector analysis
Political risk assessment
Legislative tracking
Defensive cyber-security
Information operations
Government relations
OSINT (Open source intelligence analysis)
Market research
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.

Strategic Communication

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:

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.
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:

Comprehensive research (in combination with our Competitive Intelligence service)
Messaging
Audience research
Integrated media planning and execution (earned media, social media, placed media and paid media)
Media avoidance – strategy and tactics
Culturally tailored communications plans
Corporate communications
Litigation communications
Relationship development
Matter-specific branding and marketing