Global Risk & National Security Practice
Compliance and risk management are critical concerns for our clients. Milbank’s Global Risk & National Security Practice advises a wide variety of clients on compliance obligations and the management and mitigation of risk under laws and regulations governing global commerce, commodity transfers and foreign direct investments. Our globally connected team counsels clients on US, UK and EU economic and financial sanctions, the US Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act (UKBA), the laws implemented, and regulations administered, by the Committee on Foreign Investment in the United States (CFIUS), US export controls, including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), anti-money laundering laws and regulations, including the Bank Secrecy Act and USA PATRIOT Act, the UK Terrorism Act 2000, the UK Proceeds of Crime Act 2002, the UK Fraud Act 2006, the US Foreign Agents Registration Act (FARA), anti-boycott laws and regulations, laws relating to the facilitation of tax evasion and the laws implemented by the National Industrial Security Program (NISP) and administered by the Defense Counterintelligence and Security Agency (DCSA).
Our experience positions us uniquely to provide highly sophisticated, nuanced and practical advice in what are generally considered some of the most complicated and opaque areas of the law. We have extensive experience in advising clients both from a transactional perspective as well as with an eye toward interacting with governments and regulators around the world. We regularly advise investment banks, private equity firms, commercial banks and various corporate and institutional actors in their roles as lenders, underwriters, borrowers, issuers, purchasers and sellers, among other capacities, in many of the world’s most complex cross-border transactions. We also represent clients in cross-border money laundering and tax-related investigations and state and private prosecutions in relation to fraud and cyber-crime. The scope of our experience includes the performance of internal investigations and risk assessments, the implementation of risk management and mitigation strategies, the development and auditing of corporate compliance protocols, the formulation of responses to requests for information, inquiries, subpoenas or charging letters from governmental authorities and the preparation and submission of license applications and disclosures. Our team includes a closely integrated group of finance, corporate and litigation specialists, including several former senior US government attorneys.
