Anti-corruption/FCPA

September 9, 2020

Covington partner and chair of the Africa Anti-Corruption Practice, Ben Haley participated in an interactive webinar on “Navigating Cross-Border ABC Landmines: Subsidiary, Board and Employee Misconduct” hosted by the Udo Udoma & Belo-Osagie firm's Investigations, Compliance and Ethics (ICE) team. To access the recording, please click here.

September 8, 2020, Law360

September 4, 2020, Covington Alert

It has been over twenty years since the OECD Anti-Bribery Convention came into force, over a decade since the enactment of the UK Bribery Act, and over three years since the passage of France’s Sapin II law. Alongside those ground-breaking developments have come a host of other measures across the Europe, Middle East, and Africa (“EMEA”) region to strengthen ...

September 2020, Covington Advisory

August 6, 2020, Global Investigations Review

Benjamin Haley and Ahmed Mokdad are quoted in Global Investigations Review regarding a change to South Africa’s evidence-sharing rule to aid corruption investigations. Mr. Haley says a defendant in a criminal case could potentially raise due process concerns about how the commission had obtained its evidence. Mr. Mokdad adds that a rule change also allows ...

July 21, 2020, Covington Alert

On July 17, 2020, Commonwealth Edison Company (“ComEd”), an Illinois utility company, entered into a deferred prosecution agreement (the “DPA”) with the U.S. Department of Justice (“DOJ” or the “Department”) to resolve allegations of bribery under 18 U.S.C. § 666, which prohibits theft or bribery concerning programs receiving federal funds. Aside from the ...

July 8, 2020, The Wall Street Journal

Jennifer Saperstein is quoted in The Wall Street Journal regarding the second edition of the guide to the U.S. Foreign Corrupt Practices Act. The guide warns companies that their internal accounting controls must take into account operational realities. Ms. Saperstein says the additional language appears to signal that the SEC will continue taking an expansive ...

July 6, 2020

WASHINGTON— Law360 has named Covington partners Sean Akins, Dustin Cho, Adrian Perry, Jennifer Saperstein, Kayleigh Scalzo, Ashley Simonsen, and William Woolston among its “Rising Stars.” Covington’s seven “Rising Stars” were the most of any firm this year. This annual recognition honors top lawyers under 40 “whose legal accomplishments transcend their age.” ...

July 6, 2020, Covington Alert

On July 3, 2020, the U.S. Department of Justice’s (“DOJ” or the “Department”) Criminal Division and the U.S. Securities and Exchange Commission’s (“SEC”) Enforcement Division quietly released A Resource Guide to the U.S. Foreign Corrupt Practices Act, Second Edition (the “Second Edition”). The first edition of the Resource Guide (the “First Edition”) was ...

July 2, 2020, Global Investigations Review

Robert Henrici is quoted in Global Investigations Review regarding Wirecard’s €2 billion accounting scandal. Mr. Henrici says ultimately, it is too early to assign responsibility to any particular party for the Wirecard scandal and warned against knee-jerk reforms. “We don’t know what BaFin did to investigate [Wirecard] and it’s clear now that criminal conduct ...

June 27, 2020

WASHINGTON—Covington represented Piramal Enterprises Limited (PEL) in the sale of a 20% stake in Piramal Pharma Limited (Piramal Pharma), a wholly owned subsidiary of PEL that will contain its pharmaceutical businesses, to CA Clover Intermediate II Investments, an affiliated entity of CAP V Mauritius Limited, an investment fund managed and advised by affiliated ...

June 24, 2020, Covington Alert

On June 22, 2020, in Liu v. SEC, the U.S. Supreme Court, by an 8-1 majority, upheld the SEC’s decades-old practice of seeking disgorgement of ill-gotten gains from securities law violators in civil enforcement actions filed in federal district court. The SEC’s victory, however, was tempered by the Court’s insistence that disgorgement must be strictly limited to ...

June 2020, Global Investigations Review

June 3, 2020, Covington Alert

On June 1, 2020, the U.S. Department of Justice (“DOJ” or the “Department”) Criminal Division released an updated version of its Evaluation of Corporate Compliance Programs document (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations. The Department last revised the ...

May 5, 2020, Law360

May 2020, Covington Alert

On April 13, 2020, China’s National Healthcare Security Administration (“NHSA”) released a draft opinion titled “Guiding Opinions on Establishment of a Drug Pricing and Procurement Creditworthiness System (the “Draft Opinion”; Covington’s translation is available here) setting forth proposed requirements for a creditworthiness evaluation and disciplinary system ...

April 27, 2020, Covington Alert

Companies should ask themselves five key questions about their compliance programs to ensure they are ready to face any crises—including the coronavirus pandemic—and be ready for current and future business disruptions.

April 25, 2020, Law360

Ian Hargreaves spoke with Law360 about an increase in market manipulation cases amid the COVID-19 pandemic. Mr. Hargreaves says, “The FCA will be looking very closely at markets and insider dealing to see if there are any trends and fluctuations that are unexplained. We will only see the outcome of that in several months or even several years' time.” He adds, ...

April 23, 2020

LONDON—Global Investigations Review has named Mark Finucane to its third “40 Under 40” list, profiling 40 leading investigations specialists from around the world. Honorees were selected on a range of factors including their experience, third-party references, and the jurisdictions where they work. Mr. Finucane’s practice focuses on representing institutions and ...

April 16, 2020, Financial Times

Ian Hargreaves spoke with the Financial Times about the risk of fraud when checking the identity of clients in remote locations. Mr. Hargreaves says overall the rush to do business during the pandemic was having a negative effect on independent data verification. “Businesses making snap decisions on very limited data and information is a real problem,” he adds. 

April 14, 2020, Law360

Amanda Kramer and Gerald Hodgkins were quoted in Law360 regarding the potential fraud schemes that may be exposed  during the COVID-19 pandemic. Ms. Kramer says, “Ponzi schemes are often discovered when investors seek to redeem their investments and learn that the money's not there. As we saw in the wake of the 2008 financial crisis, a loss of confidence in the ...

March 4, 2020, Covington Alert

The following alert is a summary of the district court’s acquittal of UK citizen Lawrence Hoskins, a former senior vice president at the French power and transportation company Alstom S.A. (“Alstom”), on FCPA bribery and conspiracy charges. Alstom pleaded guilty in 2014 to two counts of violating the FCPA in connection with a worldwide bribery scheme that ...

January 30, 2020, Covington Alert

It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.

December 12, 2019, Covington Alert

On November 8, 2019, a federal jury convicted Lawrence Hoskins, the former senior vice president of Alstom, of violating the Foreign Corrupt Practices Act (“FCPA”) for his role in a multi-million dollar bribery and money laundering scheme in Indonesia.

November 25, 2019

Due to a dramatic increase in administrative proceedings against investment advisers, combined with a noticeable increase in issuer reporting / audit and accounting cases, the Securities and Exchange Commission ended Fiscal Year 2019 with a slight increase in enforcement activity compared to 2018.  Absent the results of its share class selection disclosure ...

November 15, 2019

NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America and first among firms in trade & sanctions. The firm was also singled out particularly for its role in handling in arbitration, corporate/M&A, and fraud/FCPA matters. Covington’s Latin America practice draws on a dedicated team of lawyers and advisors who ...

October 11, 2019, Covington Alert

On September 27, 2019, the Securities and Exchange Commission (“SEC”) announced a $4.1 million settlement with Westport Fuel Systems, Inc. (“Westport”) and its former chief executive officer, Nancy Gougarty. Based in Vancouver, Canada, Westport is a clean fuel technology company that has shares listed on the NASDAQ. The SEC’s cease-and-desist order finds that ...

September 11, 2019

NEW YORK—Amanda Kramer, former Assistant U.S. Attorney for the U.S. Attorney’s Office for the Southern District of New York, has joined Covington’s White Collar Defense and Investigations Practice in New York as a partner. Ms. Kramer served for more than 11 years as a federal prosecutor in the Southern District of New York. Most recently, she served as a senior ...

September 11, 2019, Law360

Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...

September 11, 2019, New York Law Journal

Amanda Kramer spoke with the New York Law Journal about her recent move to Covington and her experience as a prosecutor in New York. Ms. Kramer says, “I’m really excited for this change and thrilled to be here.” On one occasion, she prosecuted a case involving underpaid employees, saying “One of the big benefits of that case was that it brought attention to the ...

September 11, 2019, Reuters

Reuters covered Amanda Kramer’s onboarding as a partner to Covington. Ms. Kramer said the firm’s “track record of bringing in former prosecutors and giving them a place where they can thrive and have really robust practices.”  

September 5, 2019, The FCPA Blog

August 22, 2019, Law360

Ian Hargreaves is quoted in Law360 regarding the U.K.’s minibond scandal and the regulatory response. Mr. Hargreaves says, “Customers are arguing that they believed the minibonds were FCA-authorized when they were not. Consequently, their impression was that the investments were safer than they actually were.” He adds, “Essentially, the FCA regulates by activity ...

August 8, 2019, Commercial Dispute Resolution

Ian Hargreaves spoke with Commercial Dispute Resolution regarding a recent National Crime Agency’s Unexplained Wealth Order (UWO) investigation. Mr. Hargreaves says, “For many years the U.K. has been criticized for allowing too much ‘dirty’ money to pass through its financial systems, reside in expensive residential/commercial properties and be invested through ...

June 11, 2019, Global Investigations Review

Veronica Yepez is quoted extensively in Global Investigations Review from her panel session at the Latin Lawyer - GIR Live Anti-Corruption & Investigations conference in Mexico City. In discussing the legacy of the Brazilian “Car Wash” investigations, Ms. Yepez said that episode is driving cooperation in South America: “We are not only seeing close cooperation ...

June 4, 2019, Global Investigations Review

Laura Brookover is quoted in Global Investigations Review regarding the U.S. Commodity Futures Trading Commission’s recently published notice advertising its whistleblower program for “foreign corrupt practices.” Ms. Brookover says the announcement serves as a “marketing tool”. The commission’s whistleblower provisions already extended to this type of conduct ...

May 31, 2019, FCPA Professor

Laura Brookover appeared on FCPA Professor to discuss the CFTC's recent enforcement advisory concerning violations of the Commodity Exchange Act (CEA) involving foreign corrupt practices including the background of the CFTC and the CEA; why the CFTC may have issued the advisory; what type of conduct involving foreign corrupt practices could fall under the CEA; ...

May 29, 2019, Commercial Dispute Resolution

Eric Carlson is quoted in Commercial Dispute Resolution regarding China’s actions to take on bribery and corruption. Mr. Carlson says that alongside targeting corrupt government officials, China is increasingly targeting the bribe-givers as well. Additionally, he says that while agencies such as the NSC do not have enforcement jurisdiction over private companies ...

May 23, 2019

NEW YORK, May 23, 2019—Latinvex has selected Nicole Duclos, Mary Hernández, Ashley Sprague, and Veronica Yepez to its 2019 list of the “Top 100 Female Lawyers” at international law firms specializing in Latin America. Covington is among the top three law firms with the most women on the list. Ms. Duclos represents clients in international commercial and ...

May 10, 2019, Legal Tribune Online

Legal Tribune Online covered Robert Henrici’s move to the firm in Frankfurt. Mythili Raman and Mr. Henrici discussed the firm’s growing White Collar Defense and Investigations Practice.

May 10, 2019, Covington Alert

On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division released an updated version of the Evaluation of Corporate Compliance Programs (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations.

May 2, 2019

FRANKFURT—Robert Henrici has joined Covington’s White Collar Defense and Investigations Practice as a partner in Frankfurt. Mr. Henrici’s practice focuses on white collar and regulatory investigations, including investigations related to alleged market manipulation, anti-corruption and sanctions violations, and tax evasion. He complements his white collar work ...

April 5, 2019, Law360

Laura Brookover spoke with Law360 regarding a recent a spoofing case involving software executive, Jitesh Thakkar, on a charge of creating a program to manipulate the commodities market. Mr. Thakkar was acquitted midtrial, but prosecutors are still moving forward with charges of aiding and abetted a U.K.-based trader’s “flash crash” spoofing scheme.   Because ...

April 3, 2019, Covington Alert

In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”).  The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...

April 3, 2019, Covington Alert

In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...

March 15, 2019, Corporate Counsel

Dan Shallman is quoted in Corporate Counsel regarding the anti-corruption risks of infrastructure projects in developing countries. Mr. Shallman says, We’ve seen an uptick in major infrastructure projects and those are generally in the developing world, which has the highest corruption risks. There’s risk around every corner in one of these projects.”   The ...

March 14, 2019, Corporate Counsel

Dan Shallman is quoted in Corporate Counsel regarding the uptick in anti-corruption enforcement. Mr. Shallman says, “We’ve seen an uptick in major infrastructure projects and those are generally in the developing world, which has the highest corruption risks. There’s risk around every corner in one of these projects.”   The savviest companies have developed ...

March 12, 2019, Law.com

Laura Brookover spoke with Law.com regarding Commodity Futures Trading Commission’s announcement that it will be on the lookout for bribery intended to secure business related to trading, advising, or dealing in swaps or derivatives. Ms. Brookover says, “We’ve already seen that this director is keen to work with other agencies and coordinate with other agencies ...

March 11, 2019, Bloomberg Law

Laura Brookover is quoted in Bloomberg Law regarding the CFTC’s promise of no-penalty enforcement action on foreign bribery violations. Ms. Brookover says, “I think that may be the central challenge for the CFTC in rolling out this program: making sure the advisory reaches its intended audience.” Foreign companies who learn about the guidance will then have to ...

March 7, 2019, Law360

Q1 2019, Covington Alert

It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...

Winter 2019, Covington Alert

It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...

February 3, 2019, Covington Alert

On January 29, 2019, Transparency International (“TI”) released its 2018 Corruption Perceptions Index (“CPI”), which ranks countries and territories by their perceived levels of public-sector corruption.  The latest CPI figures show that, despite continuous domestics anti-corruption enforcement, China went down in both score and ranking, with a score of 39 out ...

February 2019, Financier Worldwide

Benjamin Haley served as a panelist in a discussion on tackling fraud and corruption in Africa.

January 16, 2019, Covington Alert

On December 26, 2018, the U.S. Securities and Exchange Commission ("SEC") settled an enforcement action against Centrais Eléctricas Brasileiras S.A. ("Eletrobras"), an electric utilities holding company majority-owned and controlled by the Brazilian government.

November 14, 2018, Covington Alert

China recently amended its Criminal Procedure Law (CPL) to codify rules encouraging cooperation in government investigations, align with the new national supervision system, and introduce trials in absentia for certain crimes, including bribery and corruption.

November 9, 2018

NEW YORK—Latinvex has named Covington among the top ten international law firms doing work in Latin America. In addition to this honor, Latinvex has recognized Covington as the top firm for Trade, among the top five for FCPA & Fraud, as well as for Arbitration, and among the top ten for Corporate/M&A. Covington’s Latin America practice draws on a dedicated team ...

November 8, 2018, Covington Alert

Last week, the U.S. Department of Justice announced a new “China Initiative.” According to the press release, the Initiative “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.”

November 3, 2018

Due to a flurry of enforcement activity in the last quarter of Fiscal Year 2018, which closed at the end of September, the Securities and Exchange Commission filed nearly 10% more cases in 2018 than in the year before. The agency topped last year's numbers in every major category of cases except issuer disclosure and accounting, which were down about 13% from ...

October 26, 2018, African Law & Business

Benjamin Haley's relocation from Washington to Johannesburg is featured in African Law & Business. Mr. Haley specializes in compliance and enforcement matters, and his work spans the African continent, representing clients in Kenya, Nigeria, Tanzania, Uganda, and South Africa.   The article also mentions the recent addition of Robert Kayihura, who joined the ...

October 8, 2018, FCPA Flash

Daniel Suleiman sat down with the “FCPA Professor” for a podcast discussing the lifecycle of  FCPA investigations and what companies need to know about them.

September 28, 2018, Covington Advisory

On August 24, 2018, the Second Circuit issued its much-anticipated decision in U.S. v. Hoskins.Emphasizing on multiple occasions that Congress defined “with surgical precision” who could be liable under the anti-bribery provisions of the Foreign Corrupt Practices Act (“FCPA”), the court held that the government may not employ conspiracy or accomplice liability ...

September 26, 2018, Latin Lawyer

Veronica Yepez is quoted in Latin Lawyer regarding her recent move to the firm. Ms. Yepez says, “Covington offers clients true global compliance capabilities. The deep bench of former prosecutors and former DOJ senior offices with oversight over FCPA enforcement is unparalleled.” Don Ridings, chair of the firm’s anti-corruption practice, says, “Veronica built a ...

September 2018, African Law and Business

July 17, 2018

LONDON—Global Investigations Review has named Covington’s Sarah Crowder to the second edition of “Women in Investigations,” highlighting 100 female practitioners from across the globe. Nancy Kestenbaum and Mythili Raman were selected to the list’s first edition in 2015. The survey highlights a variety of women not previously recognized by the magazine—from ...

June 21, 2018, Global Investigations Review

Sarah Crowder was named to Global Investigations Review's "Women in Investigations 2018" list. Her profile can be found here.

June 5, 2018, The Wall Street Journal

Ian Hargreaves is quoted by The Wall Street Journal in an article regarding the appointment of Lisa Osofsky to Director of the UK Serious Fraud Office. Osofsky previously worked as assistant U.S. attorney at the U.S. Justice Department and as deputy general counsel and ethics officer at the Federal Bureau of Investigation. According to Hargreaves, "[The U.S. ...

May 17, 2018, Global Investigations Review

May 9, 2018

LOS ANGELES—Covington partners Carolyn Kubota, Robyn Polashuk, and Sonya Winner have been named to the Daily Journal’s 2018 “Top 100 Women Lawyers” list, recognizing the “top women lawyers in California.” Based in the firm’s Los Angeles office, Ms. Kubota is a member of the American College of Trial Lawyers and has served as lead counsel on high-profile ...

May 2, 2018

JOHANNESBURG AND WASHINGTON—Covington has promoted Benjamin Haley to its partnership. Mr. Haley, who has deep experience conducting investigations and compliance projects on the ground in Africa, will be relocating from Washington to the firm’s Johannesburg office this summer, where he will lead the firm’s Africa Investigations and Compliance practice. Mr. Haley ...

May 1, 2018

WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...

April 30, 2018, Bloomberg Law

Jennifer Saperstein is quoted in a Bloomberg Law article regarding the Justice Department's decision not to press criminal charges against Dun & Bradstreet Co. because of the company's cooperation under the updated anti-bribery policy. According to Saperstein, Dun & Bradstreet’s approach demonstrated the full benefits the new system can offer, but the DOJ’s ...

April 26, 2018, Covington Alert

On April 23, 2018, Dun & Bradstreet Corporation (“D&B”), a professional services company providing credit reporting information and other commercial data to businesses, agreed to pay more than $9 million in connection with a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the books and ...

March 29, 2018, Covington Alert

China’s biggest government reorganization in a generation, coinciding with rapidly escalating U.S.-China trade tensions, will impact many aspects of doing business in China, including an uptick in anti-corruption enforcement.

March 28, 2018, Commercial Dispute Resolution

Commercial Dispute Resolution highlights the arrival of David Luttinger and Gerald Hodgkins at Covington. Commenting on Luttinger's addition, Mitchell Dolin says that the firm was “drawn to his superb national reputation as a trial lawyer in the coverage field and to his strengths as an individual and colleague.” According to David Kornblau, Hodgkins’ “broad ...

March 20, 2018

WASHINGTON—DCA Live has named Covington’s Adam Studner to its “2018 Rising Stars of Law 40 Under 40” list. Mr. Studner’s practice focuses on white collar criminal matters, internal corporate investigations, and compliance counseling. He regularly represents clients in Foreign Corrupt Practices Act and corruption-related internal investigations and risk ...

March 16, 2018, FCPA Professor

March 7, 2018

WASHINGTON—Global Investigations Review and Who’s Who Legal: Investigations have recognized Covington’s White Collar Defense and Investigations Practice Group in its 2018 report. The publication named Covington partners Tammy Albarrán and Steven Fagell to the inaugural Future Leaders issue, a ranking of “the most eminent lawyers in the field under 45,” and ...

March 5, 2018

LOS ANGELES—Covington partner Carolyn Kubota has been named a Fellow of the American College of Trial Lawyers, one of the premier legal associations in North America. Ms. Kubota is the seventh Covington lawyer among the current Fellows, joining Lanny Breuer, Robert Haslam, John Nields, George Pappas, William Phillips, and Robert Sayler. Ms. Kubota is a ...

March 2, 2018, Covington Alert

On November 20, 2017, the U.S. Department of Justice (“DOJ”) unsealed a criminal complaint against Chi Ping Patrick Ho, the head of a non-governmental organization (“Energy NGO”), which holds “Special Consultative Status” with the United Nations (“UN”) and is funded by a Chinese oil and gas conglomerate, CEFC China Energy Company Limited (“CEFC”) , and Cheikh ...

February 28, 2018, Covington Alert

On February 21, 2018, Transparency International (“TI”) released its 2017 Corruption Perceptions Index (“CPI”), which ranks countries and territories by their perceived levels of public-sector corruption.  The latest CPI figures show that China slightly improved in both score and ranking, with a score of 41 out of 100 (where 0 represents most corrupt and 100 ...

February 21, 2018, Compliance Reporter

Gerald Hodgkins is quoted in a Compliance Reporter article regarding his recent arrival as a partner in Covington's Securities Litigation and Enforcement and White Collar Defense and Investigations practices. “I bring to the table a deep understanding of what the issues are that drive the SEC and division of enforcement, along with what pressures affect them and ...

February 13, 2018, Global Investigations Review

Gerald Hodgkins is quoted in a Global Investigations Review article regarding his recent arrival at Covington. According to Hodgkins, he chose Covington after witnessing its excellent defence work while at the U.S. Securities and Exchange Commission.

February 12, 2018, Law360

Gerald Hodgkins and David Kornblau are quoted in a Law360 article regarding Hodgkin's recent arrival as a partner in Covington's Securities Litigation and Enforcement and White Collar Defense and Investigations practices. Hodgkins says he is looking forward to “enhancing” Covington’s SEC enforcement practice, as well as complementing its white collar and ...

February 12, 2018, The National Law Journal

Gerald Hodgkins is quoted by The National Law Journal in an article regarding his recent move to Covington. "I was attracted to Covington because of the quality of its lawyers and its culture of teamwork and collaboration,” Hodgkins says. “I look forward to playing a key role in enhancing the firm’s SEC enforcement practice and complementing the firm’s prominent ...

January 25, 2018, Covington Advisory

Our message this year is simple: FCPA enforcement is here to stay. Despite pre-election statements to the contrary, various senior officials in the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have, over the past year, consistently reaffirmed DOJ’s and the SEC’s commitment to FCPA enforcement.

January 22, 2018

WASHINGTON—Covington advised Bacardi Limited in its definitive agreement to acquire Patrón Spirits International AG and its PATRÓN® brand, the world’s top-selling ultra-premium tequila, from John Paul DeJoria, a founder of Patrón. The transaction reflects an enterprise value for Patrón of $5.1 billion. The transaction follows the successful relationship the ...

January 19, 2018, Law360

Covington was named a 2017 International Trade Group of the Year by Law360. According to Peter Lichtenbaum, the Bombardier trade remedies case, which "presents very significant economic, legal, and political issues," was one of the group's biggest from the past year. "The company remains confident that the ITC will conclude that Boeing will not be harmed by the ...

December 13, 2017, Covington Alert

During his keynote speech at the 34th International Conference on the Foreign Corrupt Practices Act (“FCPA”), U.S. Deputy Attorney General Rod J. Rosenstein announced a new FCPA Corporate Enforcement Policy (the “Policy”), which is now incorporated in the United States Attorneys’ Manual (“USAM”).

December 13, 2017, Covington Alert

During his keynote speech at the 34th International Conference on the Foreign Corrupt Practices Act (“FCPA”), U.S. Deputy Attorney General Rod J. Rosenstein announced a new FCPA Corporate Enforcement Policy (the “Policy”), which is now incorporated in the United States Attorneys’ Manual (“USAM”).   According to Deputy Attorney General Rosenstein, the goal of the ...

November 30, 2017, African Law & Business

Ian Hargreaves participated in a panel discussing the management of compliance against anti-corruption and bribery laws at the African Law & Business Summit and is quoted in an article providing highlights from the event. Commenting on the impact of the "Paradise Papers," Hargreaves reminded the audience that many of the revelations were but allegations, and ...

November 17, 2017, MSNBC

Arlo Devlin-Brown appeared MSNBC to discuss money laundering concerns that might arise when a company or individual licenses its name to another company for use. According to Devlin-Brown, "The fact that it was licensing its name really doesn't make a difference at all in terms of how U.S. money laundering law operates."

November 13, 2017, Covington Alert

On November 7, 2017, the U.S. Department of Justice (“DOJ”) unsealed criminal charges against five individuals in connection with an alleged bribery scheme to assist Rolls-Royce plc (“Rolls-Royce” or the “Company”) in obtaining a US $145 million government contract to supply equipment and services for a gas pipeline from Kazakhstan to China.   

September 13, 2017, The FCPA Blog

September 11, 2017, The FCPA Blog

August 25, 2017

NEW YORK—Covington has again been selected by Latinvex as a “Top International Law Firm” doing work in Latin America. In addition to this honor, Latinvex has recognized Covington as a leading firm in the FCPA & Fraud, International Arbitration, and Corporate/M&A subcategories. Covington’s Latin America practice draws on a dedicated team of lawyers and advisors ...

August 18, 2017, Covington Alert

On July 27, 2017, a Manhattan federal jury convicted Macau billionaire Ng Lap Seng of bribing Caribbean diplomats to the United Nations (“UN”) to secure the organization’s support for a multi-billion dollar convention center that Ng hoped to build in Macau.  After a five-week trial, the jury took just seven hours to return a guilty verdict on all six charges: ...

August 2, 2017, China Business Review

July 12, 2017, Commercial Dispute Resolution

Ian Hargreaves chaired a session on managing conjoined civil and criminal fraud cases at Commercial Dispute Resolution's Summer Litigation Symposium.

July 6, 2017, The Recorder

Carolyn Kubota and John Hall are quoted by The Recorder in an article regarding Kubota's recent arrival to Covington's Litigation and White Collar Defense and Investigations practices in Los Angeles. “I hope I’ll be able to expand the work I’m doing for pharma companies to other companies and broaden, rather than change, [my practice],” Kubota says. According to ...

July 6, 2017, Daily Journal

John Hall and Carolyn Kubota are quoted in a Daily Journal article regarding Kubota's recent arrival to Covington's Los Angeles office. According to Hall, "Carolyn is a world-class litigator with an exceptional track record of trial success, and her tenacity and depth of experience will be highly valuable to our clients," adding that her track record of handling ...

July 6, 2017, Law360

Carolyn Kubota and John Hall are quoted in a Law360 article regarding Kubota's arrival to Covington's Los Angeles office as a partner in the firm's Litigation and White Collar Defense and Investigations practices. “A friend of mine once said, [trials] are the most fun you can have wearing a suit, and I’m a strong believer in that,” Kubota says. “I find [that], ...

July 5, 2017

LOS ANGELES—Carolyn Kubota, a nationally acclaimed trial and white collar defense lawyer and former federal prosecutor, has joined Covington’s Litigation and White Collar Defense and Investigations practices in Los Angeles. Ms. Kubota has served as lead counsel on high-profile investigations, criminal trials, and high-stakes commercial litigation matters, ...

June 9, 2017, The Wall Street Journal

Ian Hargreaves is quoted by The Wall Street Journal in an article regarding the future of the UK's Serious Fraud Office following the general election. "Folding the SFO into the [National Crime Agency] is neither necessary nor good for the prevention of serious fraud and other matters," says Hargreaves. "I would hope this gets pushed into the long grass and [Ms. ...

June 7, 2017, PLI Webcast

May 26, 2017

SAN FRANCISCO AND NEW YORK—Latinvex has again selected Covington partners Tammy Albarrán and Nicole Duclos to its annual list of the “Top 100 Female Lawyers” focusing on Latin America at international law firms. Ms. Albarrán was selected a top practitioner in the FCPA & Fraud category, while Ms. Duclos was selected in the Arbitration & Litigation category.  Ms. ...

April 11, 2017, Covington Alert

The U.S. Securities and Exchange Commission (“SEC”) has adopted amendments to its rules and forms that will require companies filing registration statements and reports subject to the exhibit requirements of Item 601 of Regulation S-K to include an active hyperlink to each exhibit listed in the exhibit index, whether or not the exhibit is incorporated by ...

April 11, 2017, Law360

March 29, 2017, Commercial Dispute Resolution

Ian Hargreaves is quoted in a Commercial Dispute Resolution article regarding the UK Serious Fraud Office’s deferred prosecution agreement with Tesco PLC for false accounting practices. According to Hargreaves, the FCA compensation scheme is of particular interest. “Although we are not privy to the details of the compensation package offered to shareholders and ...

March 29, 2017, The Wall Street Journal

Ian Hargreaves is quoted in The Wall Street Journal’s “Morning Risk Report” regarding the UK Ministry of Justice’s consultation on whether to create new legislation to cover failure to prevent economic crime. According to Hargreaves, “To be required to introduce further systems and controls covering a wide ranging area of economic or financial crime, in addition ...

March 28, 2017, Law360

Ian Hargreaves is quoted in a Law360 article regarding the UK Serious Fraud Office’s $161 million deferred prosecution agreement with Tesco PLC for skewing the prices of its shares and bonds with false accounting. “The arrangement with the [Financial Conduct Authority] is of particular interest,” says Hargreaves. “Although we are not privy to the details of the ...

March 9, 2017, Law360

March 2, 2017, Covington Alert

The Fraud Section of the U.S. Department of Justice (“DOJ”) quietly released new guidance last month entitled “Evaluation of Corporate Compliance Programs” (the “Guidance”). While noting that “the Fraud Section does not use any rigid formula to assess the effectiveness of corporate compliance programs,” the eight-page Guidance outlines 11 “Sample Topics and ...

March 2, 2017, Covington Alert

The Fraud Section of the U.S. Department of Justice (“DOJ”) quietly released new guidance last month entitled “Evaluation of Corporate Compliance Programs” (the “Guidance”). While noting that “the Fraud Section does not use any rigid formula to assess the effectiveness of corporate compliance programs,” the eight-page Guidance outlines 11 “Sample Topics and ...

February 3, 2017, Global Investigations Review

Ian Hargreaves and David Lorello are quoted in a Global Investigations Review article regarding Hargreaves’ recent arrival to Covington. According to Hargreaves, the firm’s “pre-eminence in dispute resolution, and its immense strength and global recognition as a market-leader in white-collar crime matters and investigations” fueled his decision. Lorello says, ...

January 31, 2017

LONDON—Ian Hargreaves has joined Covington as a partner in the firm’s European Dispute Resolution practice resident in London. Mr. Hargreaves’ arrival follows that of litigation partners Craig Pollack, Greg Lascelles, Elaine Whiteford, and Louise Freeman over the past six months. Mr. Hargreaves advises on major European white collar and related civil and ...

Winter 2017, Covington Alert

Anti-corruption enforcement is at a crossroads. In many respects, global anti-corruption enforcement has never been more active. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) in 2016 collected a total of $2.41 billion through FCPA enforcement actions against 27 corporate defendants, including through their share ...

January 27, 2017, Law360

Law360 selected Covington’s International Trade practice as a “Practice Group of the Year,” profiling the team’s involvement in billions of dollars worth of transactions, Foreign Corrupt Practices Act investigations, and sensitive national security trade reviews. “Our practice in general is distinguished by the sheer number of former senior enforcement officials ...

January 3, 2017, Covington Alert

On December 29, 2016, General Cable Corporation (“GCC”), a global manufacturer of wire and cable products, agreed to pay approximately $75.8 million in connection with a non-prosecution agreement with the Department of Justice (“DOJ”) and a cease and desist order with the U.S. Securities and Exchange Commission (“SEC”) to settle allegations that it violated the ...

November 14, 2016, The New Yorker

In a New Yorker article regarding potential conflicts of interest in President-elect Donald Trump’s administration, Arlo Devlin-Brown comments on the importance of avoiding even ‘the appearance of impropriety’ for companies doing business with the Trump Organization.

November 13, 2016, The Wall Street Journal

Arlo Devlin-Brown is quoted by The Wall Street Journal in an article regarding the uncertainty surrounding the types of cases the U.S. Justice Department will pursue during Donald Trump’s presidency. According to Devlin-Brown, “It is only in rare circumstances that a leadership change impacts prosecutions or well-developed investigations already in progress at ...

October 26, 2016, Law360

Lanny Breuer participated at the FCPA Blog Conference and is quoted in a Law360 article regarding concerns raised by a requirement under a pilot Foreign Corrupt Practices Act disclosure program forcing companies to step back from conducting their own investigations. According to Breuer, the FCPA pilot program makes “an extraordinary request” by mandating that ...

October 26, 2016, The Wall Street Journal

Lanny Breuer participated at the FCPA Blog Conference and is quoted in a Wall Street Journal article regarding the FCPA pilot program that will provide discounts to foreign-bribery offenders that disclose and tackle those transgressions and cooperate with the authorities. Breuer said that while it’s too soon to tell if the pilot has had its intended effect, he ...

October 17, 2016, Los Angeles Times

The Los Angeles Times highlights the role of Dan Shallman and Aaron Lewis in helping unravel a bribery case against two brothers who allegedly tried to buy the support of a Huntington Park city council member for higher towing fees. In what Dan Shallman called a “huge vindication,” the court sentenced one of the brothers with probation.  

October 7, 2016, Covington Alert

On September 29, 2016, the U.S. Department of Justice (“DOJ”) issued letters of declination to NCH Corporation (“NCH”) and HMT LLC (“HMT”). Both companies are Texas-based “domestic concerns.” The letter to NCH, an industrial supply and maintenance company, relates to an investigation into possible violations of the anti-bribery provisions of the U.S. Foreign ...

September 28, 2016, The FCPA Report

Eric Carlson is quoted in an FCPA Report article regarding China’s data privacy and cybersecurity laws and how they apply to companies doing business in China. Commenting on performing due diligence while avoiding data privacy issues, Carlson says, “For due diligence purposes, it is still safe and appropriate to gather corporate information such as whether a ...

September 20, 2016

WASHINGTON—Global Investigations Review has named the Microsoft warrant access case as the winner of the “Most Important Court Case of the Year.” Covington served as co-counsel to Microsoft and helped secure a landmark win in the U.S. Court of Appeals for the Second Circuit. GIR also ranked Covington among the top 15 investigations practices in the world in its ...

September 19, 2016, Covington Alert

On September 13, 2016, Jun Ping Zhang (“Zhang”), former head of Harris Corporation’s (“Harris”) subsidiary in China, agreed to pay $46,000 to settle allegations by the U.S. Securities and Exchange Commission (“SEC”) that Zhang knowingly authorized and facilitated bribes to Chinese government officials at state-owned hospitals and local health departments and ...

September 12, 2016, Global Arbitration Review

Greg Lascelles and Alex Leitch are quoted in a Global Arbitration Review article regarding Lascelles’ recent arrival to Covington. “I am very excited to join this growing team,” says Lascelles.  According to Leitch, the financial services sector attracts significant client demand and Lascelles’ arrival is a “welcome addition” to the practice.  

September 8, 2016, The New York Times

Arlo Devlin-Brown is quoted in a New York Times article regarding the Department of Justice’s decision to end its corruption case against Robert McDonnell. According to Devlin-Brown, “When a new legal standard is articulated by the Supreme Court and there’s a need to potentially retry the case, prosecutors make a very particularized assessment as to whether, No. ...

September 7, 2016, Covington Report

August 30, 2016, Global Investigations Review

Global Investigations Review highlights Covington’s role in helping AB InBev secure a declination notice from the U.S. Department of Justice in an FCPA investigation regarding the company’s business partners in India. The Covington team was led by Steven Fagell, who worked with Lanny Breuer, Jason Criss, and Benjamin Haley on the matter.

August 22, 2016

WASHINGTON—Global Investigations Review has named Covington’s FCPA practice among Washington’s “elite,” the highest tier in its “Washington DC’s FCPA Bar” survey. In its profile, GIR notes Covington’s “deep bench of high-level former prosecutors,” including former U.S. Attorney General Eric Holder; the last two former heads of the Criminal Division at the ...

July 18, 2016, Covington Alert

On July 11, 2016, Johnson Controls, Inc. (“JCI”) agreed to pay $14.4 million to settle allegations by the U.S. Securities and Exchange Commission that JCI, through its subsidiaries in China, violated the books and records and internal controls provisions of the U.S. Foreign Corrupt Practices Act. The SEC alleged that, from 2007 to 2013, nearly all of the ...

June 13, 2016, Covington Alert

On June 7, 2016, the Securities and Exchange Commission (“SEC”) announced a non-prosecution agreement (“NPA”) with Akamai, Inc., an internet cloud services company, in connection with an investigation of possible violations of the books and records and internal accounting controls provisions of the US Foreign Corrupt Practices Act (“FCPA”) based on payments by ...

June 13, 2016, Covington Alert

On June 7, 2016, the Securities and Exchange Commission (“SEC”) announced a non-prosecution agreement (“NPA”) with Nortek, Inc., a manufacturer of construction and remodeling products, in connection with an investigation into possible violations of the books and records and internal accounting controls provisions of the US Foreign Corrupt Practices Act (“FCPA”) ...

June 3, 2016

NEW YORK—Covington advised the underwriters in connection with Repligen’s $115 million debt offering. The senior convertible notes due in 2021 were placed at 2.125 percent. Repligen is a bioprocessing company focused on the manufacture of Protein A ligands used by life science companies to purify biologic drugs such as monoclonal antibodies, recombinant ...

May 26, 2016, The Wall Street Journal

David Lorello is quoted in a Wall Street Journal article regarding a recent call to review the UK Serious Fraud Office’s (SFO) funding model after increased scrutiny of the SFO’s governance structure. According to Lorello, “The blockbuster funding has been a matter of significant public attention for some years now." He continues, “As with many government ...

May 6, 2016, Insight

April 21, 2016, Covington Alert

On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...

April 6, 2016, The Recorder

Dan Shallman is quoted in this article exploring a DOJ pilot program that could reduce criminal penalties for companies that self-report FCPA violations. According to Shallman, the voluntary disclosure would likely appeal to large companies that face significant FCPA exposure. “It's trickier for cases where the exposure is smaller and less clear," he says.

April 4, 2016

SAN FRANCISCO AND NEW YORK — Latinvex has again selected Covington partners Tammy Albarrán and Nicole Duclos to its annual list of the “Top 100 Female Lawyers” specializing in Latin America among international law firms. Latinvex chose attorneys from 57 law firms and ten practice areas. The criteria for selection included a combination of factors, including ...

April 2016, Covington Alert

On April 7, 2016, Las Vegas Sands Corp. (“LVSC”) agreed to pay $9 million to settle allegations by the Securities and Exchange Commission (“SEC”) that LVSC, through its subsidiaries in China and Macao, violated the US Foreign Corrupt Practices Act (“FCPA”). The settlement resolves allegations that, from 2006 through at least 2011, LVSC and its subsidiaries ...

April 2016, Covington Alert

On April 18, 2016, the Chinese government released a judicial interpretation that clarifies certain aspects of the PRC Criminal Law with regard to bribery and corruption. The Interpretation provides additional clarity in understanding the amendments to the Criminal Law that took effect last year, most notably by (1) expanding the definition of bribes to include ...

March 25, 2016, Covington Alert

On March 23, 2016, Novartis AG (“Novartis”) agreed to pay $25 million to settle civil charges with the Securities and Exchange Commission (“SEC”) alleging that it violated the Foreign Corrupt Practices Act (the “FCPA”) by paying bribes to healthcare professionals (“HCPs”) in China from 2009 to 2013 to increase sales. Employees and managers of its two ...

March 2016, Covington Alert

On March 1, 2016, the Securities and Exchange Commission announced an agreement with Qualcomm Incorporated to settle charges that it violated the Foreign Corrupt Practices Act by hiring relatives of Chinese government officials to gain business advantages in the Chinese telecommunications market. The SEC also alleged that Qualcomm provided gifts, travels, and ...

February 29, 2016, Covington Alert

February 21, 2016, Covington Alert

February 9, 2016, Covington Alert

Winter 2016, Covington Advisory

December 11, 2015, Covington Alert

October 19, 2015, The Wall Street Journal

Covington’s role in helping Hyperdynamics navigate an FCPA investigation is highlighted in this Wall Street Journal “Risk & Compliance Journal” story. Nancy Kestenbaum said, “It was essential for the company’s survival that it resolve the investigations as quickly as possible.” She also commented on the company’s cooperation throughout. “Recognizing that a ...

October 9, 2015, Covington Alert

September 14, 2015

WASHINGTON, DC, September 14, 2015 - The National Law Journal has named Phyllis Jones and Daniel Suleiman among its “D.C. Rising Stars.” The list recognizes Washington, D.C.’s “40 most promising lawyers age 40 and under.” Ms. Jones focuses on complex legal issues facing clients in the pharmaceutical and healthcare industries. Her wide-ranging litigation ...

September 2015, Covington Alert

August 2015, JUVE

Quoting Adem Koyuncu on anti-corruption issues in the pharma sector.

July 29, 2015, Covington Alert

May 27, 2015, Covington Alert

May 21, 2015, Covington E-Alert

April 22, 2015, Covington E-Alert

March 2015, Covington E-Alert

Winter 2015, Covington Advisory

January 2015, Corporate Counsel

December 18, 2014, Covington E-Alert

December 17, 2014, Covington E-Alert

December 1, 2014, Covington E-Alert

December 1, 2014, Covington E-Alert

November 6, 2014, Covington E-Alert

October 16, 2014, Life Sciences Essentials Series Webinar

October 9, 2014, Global Investigations Review

October 9, 2014, Global Competition Review

Q3: 2014, Ethisphere Executive Briefing, Volume 1

August 5, 2014

WASHINGTON, DC, August 5, 2014 — Covington & Burling’s Lanny Breuer, a partner and vice chairman of the firm, has been named to the National Law Journal’s inaugural list of 50 Governance Risk & Compliance Trailblazers & Pioneers. The list recognizes people who have “moved the needle” in the changing ways that law firms conduct business towards governance, risk ...

March 3, 2014, Covington E-Alert

February 3, 2014, Law360

January 27, 2014, Law360

January 2014, Covington Advisory

January 2014, Covington E-Alert

December 2013, Covington E-Alert

November 2013, PLC Guide to Corporate Crime, Fraud and Investigations

July 29, 2013, Covington Advisory

June 24, 2013

WASHINGTON, DC, June 24, 2013 — The National Law Journal named Covington & Burling today as the winner of its Washington Litigation Department of the Year contest in the white collar defense practice category. “We are honored that the National Law Journal has recognized the many strengths of Covington’s white collar and investigations practice,” said Timothy ...

May 15, 2013, The Global Legal Post

April 26, 2013, Covington E-Alert

March 28, 2013

WASHINGTON, DC, March 28, 2013 — Lanny A. Breuer, most recently the Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, is returning to Covington & Burling as Vice Chair of the firm. Mr. Breuer’s practice will encompass a wide range of civil and criminal litigation matters, as well as governmental and internal investigations. ...

February 2013, Covington Advisory

November 16, 2012, Law360

November 2012, Covington Advisory

October 19, 2012, Covington E-Alert

October 16, 2012, Covington E-Alert

October 1, 2012

WASHINGTON, DC, October 1, 2012 — Covington & Burling is pleased to announce that it has elected 15 new lawyers to its partnership. This group is comprised of diverse and talented individuals from five offices who have made their mark at the firm through exceptional work and the highest standards of client service. “We’re delighted to welcome these 15 lawyers to ...

July 12, 2012, Covington Advisory

July 5, 2012, Covington E-Alert

July 2012, Covington E-Alert

May/June 2012, Breakbulk

April 25, 2012, Covington E-Alert

April 25, 2012, Anti-Corruption China Summit

April 5, 2012, Covington E-Alert

February 17, 2012, Covington E-Alert

2/2/2012

LONDON, 2 February, 2012 —Veteran litigator Casey Cooper is joining Covington & Burling as a partner in London, bolstering its global anti-corruption and white-collar practices. Over the past 15 years, Mr. Cooper has successfully represented clients in fraud and corruption investigations arising in the United States, the EU, Russia, the CIS, Asia, Africa, and ...

February 2012, Covington E-Alert

January 18, 2012, Covington E-Alert

November 15, 2011, EuroWatch

November 3, 2011, Covington E-Alert

October 24, 2011, Covington Advisory

October 17, 2011, Covington E-Alert

October 14, 2011, Covington Advisory

October 10, 2011

WASHINGTON, DC, October 10, 2011 — The head of the UK’s Serious Fraud Office, the agency responsible for enforcing the UK Bribery Act, warned corporations last week that the SFO is actively pursuing cases in which foreign corporations have undercut UK companies through corrupt actions in other countries. “What we are actively looking for is a case where a ...

July 5, 2011, Covington E-Alert

July 2011, Covington E-Alert

June 10, 2011

WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...

April 5, 2011, Covington E-Alert

January 2011, Covington E-Alert

August 5, 2010, Covington & Burling Webinar

July 21, 2010, Covington E-Alert

February 20, 2009, Pharmaceutical Law & Industry Report

December 4, 2008, Covington E-Alert

November 2008, Business Crimes Bulletin

May 3, 2008, Covington E-Alert

4/3/2008

WASHINGTON, DC, April 3, 2008 — Covington & Burling LLP has announced the promotion of four new of counsels and five new special counsels in the firm’s five offices. The new of counsels are as follows:  Christopher Denig (Washington) focuses on representing clients in complex federal civil litigation (including class actions), internal corporate ...