Andrew A. Kaplan

My focus

I represent clients in government enforcement matters, including False Claims Act lawsuits, Foreign Corrupt Practices Act (FCPA) and international corruption investigations, white-collar defense and government enforcement matters. I also have experience advising clients on regulatory and compliance matters, including anti-corruption, anti-bribery, sanctions risk, and potential acquisition due diligence. My practice also includes securities, contract, and fiduciary duty litigation. In addition, I maintain an active pro bono practice.

I have conducted oral arguments on motions to dismiss; drafted motions to dismiss and motions for summary judgment; drafted discovery requests and motions; attended and summarized deposition results; interviewed witnesses and prepared witnesses for interviews by government officials and opposing counsel; managed discovery including drafting search terms, reviewing documents, and analyzing and summarizing findings.

Representative experience

Before joining Nixon Peabody, I was a litigation attorney at another global law firm. During law school, I was an intern in the U.S. Securities and Exchange Commission’s (SEC's) Office of International Affairs.

The below representative experience includes representations from prior firm.

• Represented a multinational beverage company on various international risk and compliance-related matters
• Represented a multinational medical device company in multiple investigations and eventual reporting of alleged FCPA violations
• Represented a former executive and employees of a multinational food and beverage company before the Department of Justice (DOJ) and SEC in their investigation into the company’s alleged improper accounting practices
• Represented a private equity firm in its investigation of a portfolio company’s potential fraud against federal, state, and local government entities and advised on potential disclosure obligations
• Represented a multinational pharmacy corporation in commercial dispute relating to the employment of an unlicensed pharmacist and the corporation’s potential disclosure and repayment obligations
• Represented a group of surgeons in a federal False Claims Act qui tam suit relating to alleged unlawful billing of services to government healthcare providers
• Represented a multinational medical device company in its ongoing monitoring by an independent compliance consultant resulting from a global FCPA resolution with the SEC
• Conducted anti-corruption, anti-bribery, and sanctions due diligence on potential acquisition targets of and borrowers from private equity firms

Looking ahead

I’m following the increasing number of anti-corruption statutes and policies enacted by countries around the world. These laws, coupled with the increased focus on—and resources devoted to—enforcement of anti-corruption laws in the U.S., suggest that international companies of all sizes should be aware of their compliance obligations in this space.