Maneuvers in a Minefield: Confronting Corruption and Kickbacks in China

- Susan Munro, Counsel, O'Melveny & Myers LLP, Shanghai
- Nathan Bush, Counsel, O'Melveny & Myers LLP, Beijing

Law Committee

Foreign invested companies and branches in China have recently been shown to be vulnerable to investigation by PRC enforcement agencies over illegal actions of employees. Such investigations can harm business operations, staff morale and a company's public image, and may interest US regulators. The program will address the challenges to American companies seeking to comply with Chinese laws against commercial bribery and official corruption and will address strategies for:

* recognizing high risk transactions and commercial practices;
* mitigating risks in high-risk settings;
* creating and maintaining credible compliance programs;
* deterring, preventing, and detecting misconduct;
* preparing for and conducting internal investigations of possible violations; and
* understanding U.S. legal standards applicable to U.S. companies operating in China and recent enforcement trends by US authorities.

Susan Munro is a counsel in the Shanghai office of O'Melveny & Myers LLP and is a barrister qualified in England, Wales and Hong Kong. Her practice includes cross-border civil litigation of complex frauds and investigative work in re the U.S. Foreign Corrupt Practices Act and similar legislation in other common law jurisdictions. Nate Bush is a counsel in the Beijing office of O'Melveny & Myers LLP who previously practiced in the firm's Washington office. He regularly counsels MNCs on U.S. FCPA compliance.