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- Eric Carlson
Eric Carlson
Eric Carlson advises clients operating in China and other jurisdictions in Asia on a range of anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA). Having lived in China for more than a decade, he has deep experience leading highly sensitive anti-corruption/FCPA investigations in China and other jurisdictions in Asia, including investigations presenting complex legal, political, and reputational risks.
He also counsels clients on the corruption risks of proposed transactions, conducts anti-corruption due diligence as part of mergers, acquisitions, and joint ventures, assists companies in updating and strengthening their internal anti-corruption compliance programs and tailoring them to the unique features of Asian markets, and developing and presenting tailored compliance training in Chinese and English. Mr. Carlson has advised scores of companies and organizations representing nearly every major industry. He speaks Mandarin and Cantonese and has led more than four hundred witness interviews in Chinese in 24 provinces in China, and conducted dozens of trainings in Chinese.
He also counsels clients on U.S. export controls and economic sanctions applied by the U.S. Departments of Commerce, State, and Treasury, and related Chinese trade control and encryption regulations, including conducting internal investigations into potential violations of these laws.
Chambers notes Mr. Carlson as having “much more than just a conversational grasp of the language, but the ability to conduct interviews on specific subject matter details and get to the root of the issues." Chambers further notes that "his language skills are very impressive" and that he provides "great advice that is grounded in reality," adding: "They know the industry and their advice is very risk-based and balanced." One client noted to Chambers: "They have strong regional coverage both in terms of footprint as well as language skills. If I have a compliance investigation in region with a tight timeframe, I know they can get it done. They take a more realistic approach to scoping investigations." Other clients noted to Chambers that Mr. Carlson is "really brilliant" and "an expert in this field." According to one client surveyed by Chambers, "he is particularly adept at 'right sizing' the scope of an investigation to get at the key issues without incurring unnecessary operational or financial burden. He is also incredibly responsive to client communications." He is a contributing editor to the FCPA Blog and has been quoted in publications such as The Wall Street Journal, The Economist, The Financial Times, Global Investigations Review, Compliance Week, FCPA Report, The Corporate Treasurer, Commercial Dispute Resolution, China Business Law Journal, and Economy and Nation Weekly.
- Led internal investigation on behalf of a global company after its employee was interviewed by prosecutors in northern China.
- Served as independent compliance monitor of an Asia-based multinational company related to its settlement with the U.S. Securities and Exchange Commission.
- Led internal investigation on behalf of a consumer products company after media reports alleged product safety problems.
- Led internal investigation on behalf of a global technology company into allegations of improper payments to officials at state-owned entities, accepting kickbacks from vendors, and embezzlement.
- Conducted multiple internal investigations into potential violations of U.S. export control laws at Chinese affiliates of multinational companies.
- Led investigation on behalf of a global financial institution into allegations of connected hiring in China.
- Led internal investigation into allegations of improper payments by a distributor in Indonesia.
- Led internal investigation into allegations of improper payments made to customs officials in Vietnam.
- Led internal investigation on behalf of a U.S. pharmaceutical company into allegations that academic meetings in China were faked to pay kickbacks to healthcare providers.
- Led risk assessment of a global transportation company’s manufacturing facilities in India.
- Provide ongoing counseling related to China-related corruption risks to more than 80 companies.
- Selected China-Related Anti-Corruption/FCPA Representations.
Pro Bono
- Assisting a U.S. businessman detained by Chinese enforcement authorities for customs-related issues.
- Assisting The Nature Conservancy with various regulatory compliance issues.
- Representing a humanitarian organization with various registration and regulatory issues.
Dueling U.S.-China Trade Controls Regimes - Navigating Compliance Challenges for Global Businesses
February 8, 2021
The briefing was designed to equip legal and business leaders with crucial information to understand and ensure compliance with U.S. and China trade controls regulations as the world's two single largest economies enter a new phase in the bilateral relationship.
January 20, 2021, Covington Alert
Based on the top-line numbers, 2020 was a banner year for U.S. Foreign Corrupt Practices Act (“FCPA”) enforcement. We saw several record-setting fines as U.S.-recovered penalties from corporate resolutions totaled more than $2.75 billion—the highest on record; and a new company entered the all-time U.S. recoveries Top 10 resolutions list. While some commentators ...
China Issues Rules to Counteract “Unjustified” Extraterritorial Application of Foreign Measures
January 12, 2021, Covington Alert
On January 9, 2021, China’s Ministry of Commerce released the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures, which took effect immediately. Specifically, the Rules are designed to “counteract” the extraterritorial application of “foreign [i.e., non-Chinese] legislation” or “measures” when such ...
December 21, 2020, Covington Alert
On December 18, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) released a Final Rule (“the Rule”), effective immediately, adding 77 entities to the BIS Entity List. The majority of these entities are in China, and include, among others, the Semiconductor Manufacturing International Corporation (“SMIC”) and the drone company SZ DJI ...
December 8, 2020, Inside Privacy
On December 2, 2020, China’s Ministry of Commerce (“MOFCOM”), State Cryptography Agency (“SCA”), and the General Administration of Customs (“Customs”) jointly issued three documents (here) related to import and export of commercial encryption items: List of Commercial Encryption Subject to Import Licensing Requirement (“Import List”); List of Commercial ...
Risk and Compliance Exchange: China
December 2, 2020, ACI 37th International Conference on the Foreign Corrupt Practices Act
November 16, 2020, Covington Alert
On Thursday, November 12, 2020, President Trump signed an Executive Order (the “Order”) that, beginning on January 11, 2021, will prohibit U.S. persons from transacting in the publicly traded securities of 31 companies that the Department of Defense has identified as “Communist Chinese military companies.” The requirement for the Department of Defense to create ...
October 27, 2020, Covington Alert
On October 21, 2020, China’s National People’s Congress (“NPC”) published revised draft amendments (“Draft Amendments”) to China’s Criminal Law. The legislature will be soliciting public comment until November 19, 2020, and will then review and enact the amendments. Based on previous amendments, we do not expect the final version as enacted to differ ...
October 23, 2020, Covington Alert
On October 21, 2020, the National People's Congress (“NPC”), China’s top legislative body, released its first draft of the Personal Information Protection Law (the “Draft Law”) for public comment (official Chinese version available here and Covington’s unofficial English translation here). The period for public comment ends on November 19, 2020 and comments can ...
October 19, 2020, Covington Alert
On October 17, 2020, China enacted an Export Control Law (“the Law”) that builds upon China’s existing export control regulations, which are scattered across multiple laws, administrative regulations, and rules and measures issued by various departments, with the goal of creating a unified export control system to promote China’s national security and interests ...
September 21, 2020, Covington Alert
On September 19, 2020, China’s Ministry of Commerce ("MOFCOM") issued regulations that provide new details on the government’s plans for an “Unreliable Entity List” first proposed in May 2019.
Anti-Corruption Settlements
September 3, 2020, Seton Hall Healthcare Compliance Conference
China Healthcare Compliance Update
September 3, 2020, Seton Hall Healthcare Compliance Conference
July 9, 2020, Covington Alert
China has published a near-final draft of a new Export Control Law that, if enacted as drafted, would build upon China’s existing export control regulations, which are scattered across multiple laws, administrative regulations, and implementation rules, with the goal of creating a unified export control system to promote China’s commitment to nonproliferation ...
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 ...
June 20, 2020, The Economist
Eric Carlson spoke with The Economist about the legal implications of the widespread use of company chops in China. On the potential for disputes involving company chops in China, Mr. Carlson says, “managers sometimes misuse seals to enter side contracts. Lawsuits to reclaim a chop can drag on, so many cases are resolved out of court. But technology is catching ...
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 21, 2020, Covington Alert
In an effort to curtail access by China’s Huawei Technologies Co., Ltd. to products made using U.S. semiconductor software and technology, the Commerce Department’s Bureau of Industry and Security (“BIS”) on May 15, 2020, released an Interim Final Rule expanding and extending U.S. export controls jurisdiction to certain non-U.S. items when destined for Huawei or ...
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.
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.
Risk & Compliance Exchange: China
December 5, 2019, 36th International Conference on the Foreign Corrupt Practices Act, Washington, DC
December 2, 2019, The FCPA Blog
October 31, 2019, Inside Privacy
On October 26, 2019, China enacted a landmark Encryption Law, which will take effect on January 1, 2020. The Encryption Law significantly reshapes the regulatory landscape for commercial encryption, including foreign-made commercial encryption products, but leaves many questions to be answered in future implementing regulations. In this blog post, we provide a ...
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 ...
Update on DOJ April 2019 Focus Issues & Guidelines
October 10, 2019, APAC Pharma/Life Science Legal & Compliance Summit, Singapore
Updates from China
October 9, 2019, MedTech Forum 2019, Business Ethics & Compliance Summit, Singapore
Anti-Corruption Compliance for Japanese Companies
September 5, 2019, The Association of Corporate Legal Departments (Tokyo)
September 5, 2019, The FCPA Blog
August 20, 2019, Covington Alert
On August 19, 2019, the Commerce Department’s Bureau of Industry and Security (“BIS”) issued a Final Rule adding 46 non-U.S. affiliates of Huawei Technologies Co., Ltd. (“Huawei”) to the Entity List and extended, through November 18, 2019, a revised Temporary General License (“TGL”) authorizing certain transactions with Huawei and listed Huawei entities.
July 22, 2019, Inside Privacy
On July 5, 2019, China’s Standing Committee of the National People’s Congress (NPC) published a new draft Encryption Law (“the draft Law”) for public comment. The draft Law, if enacted as drafted, would bring significant new changes to China’s commercial encryption regime. The State Cryptography Administration (“SCA”) previously issued an initial draft of this ...
Asia's Complex Compliance Landscape
July 8, 2019, Pharmaceutical Executive
Eric Carlson spoke with Pharmaceutical Executive about the compliance challenges prevalent in the Asia-Pacific region. On the emergence of general compliance in the region, Mr. Carlson says, “When I first moved to Beijing in 2008, there were only a couple of dozen people who had compliance on their business card. It just wasn’t a job in China then. Ten years ...
China takes on bribery and corruption
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 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 2019, Covington Alert
This article describes the attorney-client privilege under U.S. law and where care must be taken in internal investigations in China to maintain the privilege and avoid inadvertently waiving its protections.
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 ...
China: New and Emerging Rules on Encryption, Cyber and Cloud Export Controls
March 26, 2019, ACI 9th Annual Global Encryption Conference (San Francisco)
Global Anti-Corruption Enforcement and Evolving Challenges for Life Science Organizations in Asia
March 12, 2019, Pharmaceutical Compliance Congress Asia (Shanghai)
Anti-Corruption Settlements
March 5, 2019, Seton Hall Healthcare Compliance Conference (Singapore)
Focus on China
March 5, 2019, Seton Hall Healthcare Compliance Conference (Singapore)
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 ...
Recent Trends in International Anti-Corruption Enforcement (presented in Mandarin)
January 16, 2019, 2019 China Cross-Border Compliance Roundtable (Shanghai)
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 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.”
Tailoring Your Sanctions Compliance Programme for Companies Doing Business in Asia
October 30, 2018, Asia Summit on Economic Sanctions, Singapore
How Increasing Enforcement of Export Controls Will Impact Your Business
July 23, 2018, US-China Business Council Briefing (Shanghai)
Navigating the Risks of US Export Control Laws
June 12, 2018, Covington Compliance Seminar (Beijing)
What Is the FCPA and Why Does it Matter?
May 22, 2018, East China Normal University School of Law (Shanghai) (presented in Mandarin)
May 9, 2018, Covington Alert
On May 8, 2018, President Trump announced his decision to end U.S. participation in the Joint Comprehensive Plan of Action (“JCPOA”) and re-impose sanctions against Iran that had been suspended as part of this 2015 nuclear agreement between the United States, Iran, and certain other governments. This action will have far-reaching effects for both U.S. and ...
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 ...
China: Government Reorganization and Trade War Suggest More Anti-Corruption Enforcement in China
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.
The Draft Chinese Encryption Law--How to Comply in Practice
March 28, 2018, 8th Advanced Industry Forum on Global Encryption, Cloud & Cyber Export Controls (San Francisco)
Improving the Investigations Process for Better Results
March 14, 2018, Pharmaceutical Compliance Congress Asia
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 ...
Anti-Corruption Settlements
March 6, 2018, Seton Hall Healthcare Compliance Conference (Singapore)
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 ...
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.
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 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.
October 3, 2017
BEIJING—China Law & Practice has named Covington as the international winner for “Trade Firm of the Year” at its annual awards ceremony in Beijing. The leading Chinese legal publication also recognized the firm for its role in the Technology, Media, and Telecom “Deal of the Year,” Tencent’s $8.6 billion acquisition of Supercell. The awards focus on “innovation ...
The Risks of Hiring Individuals and Third Party Entities with Ties to the Government
September 26, 2017, 10th West Coast Conference on FCPA Enforcement and Compliance
How to Minimize Anti-Corruption Risks for Tier 2 and Tier 3 Cities in China
September 14, 2017, Asia Pacific Pharmaceutical and Medical Device Compliance Congress (presented in Mandarin)
September 11, 2017, The FCPA Blog
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: ...
July 21, 2017, Covington Alert
On June 16, 2017, China’s Ministry of Commerce (MOFCOM) released for public comment a draft of the Export Control Law (“the Draft Law”). While China has a number of regulations relating to export controls and has signed numerous nonproliferation agreements, the Draft Law would be China’s first law specifically addressing export controls and would implement an ...
June 7, 2017, Covington Alert
On Monday, in Kokesh v. SEC,1 the Supreme Court handed a major loss to the Securities and Exchange Commission, unanimously holding that SEC claims for disgorgement of ill-gotten gains are subject to a five-year statute of limitations. For decades, the SEC had taken the position that its disgorgement claims could reach back indefinitely, and recently obtained a ...
May 23, 2017, Covington Alert
On May 11 and 12, 2017, the China Food and Drug Administration (“CFDA”) published drafts of four proposed policies in the form of circulars (or notices) for public comment. These “Proposed Policies” include significant reforms in the areas of the new drug and device approval process (“Circular 52”), clinical trial regulation (“Circular 53”), life-cycle ...
May 9, 2017, Covington Alert
On April 13, 2017, China’s State Cryptography Administration (“SCA”) published a draft Encryption Law (“the draft Law”) for public comment. After several years of drafting, the draft Law, if enacted as drafted, would be the first Chinese statute to systematically address encryption, covering “the research, production, management, import and export, testing, ...
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 ...
China to slash drug distribution groups in price drive
February 19, 2017, Financial Times
Eric Carlson is quoted in a Financial Times article regarding an initiative by the Chinese Government to reduce marked-up prices and corruption in multi-tier distribution chains of pharmaceuticals, known as the “two invoice reform.” According to Carlson, the crackdown on small distributors would accelerate sector consolidation, “centralising distribution in a ...
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 23, 2017, Covington Alert
On January 9, 2017, eight Chinese ministries announced a significant new policy that aims to reduce marked-up prices and corruption in multi-tier distribution chains. The policy effectively requires that under most circumstances, at most two invoices may be issued throughout the distribution chain, with one from the manufacturer to a distributor and another from ...
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 8, 2016, Covington Alert
On November 7, the Standing Committee of China’s National People’s Congress (“NPC”) passed China’s first Cybersecurity Law (the “Law”), which will take effect starting June 1, 2017. Described as China’s “fundamental law” in the area of cybersecurity, the new Law articulates the government’s priorities with respect to “cyberspace sovereignty,” consolidates ...
Update on FCPA Enforcement and Changing Landscapes of Global Cooperation
November 3, 2016, IBA Asia Pacific Regional Forum on Anti-Corruption Compliance and Enforcement
Talk or Teeth: What Does Global Enforcement Really Mean?
October 26, 2016, FCPA Blog NYC Conference 2016
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 ...
Managing Data Privacy Challenges in Performing Due Diligence and Internal Investigations in China (Part Two of Two)
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 ...
Asia Pacific Regional Regulatory and Enforcement Roundtable
September 22, 2016, The 6th Asia Pacific Pharmaceutical and Medical Device Compliance Congress, Singapore
September 21, 2016
SHANGHAI—China Law & Practice has named Covington as “Regulatory & Compliance Firm of the Year” at its annual award ceremony. The leading Chinese legal publication also recognized Shanghai partner Eric Carlson as “Regulatory & Compliance Lawyer of the Year” and the firm for its role in the “Outbound Deal of the Year,” China National Tire & Rubber’s $7.8 billion ...
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 ...
August 12, 2016, Inside Privacy
China’s State Administration of Industry and Commerce (“SAIC”) has released for public comment a draft regulation implementing recent amendments to a consumer protection law that would, among other things, supplement existing privacy obligations for businesses operating in China. The “Regulations on the Implementation of the Law on the Protection of the Rights ...
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 ...
July 12, 2016, Covington Alert
On July 5, 2016, China’s National People’s Congress (“NPC”) released a new draft of the Cybersecurity Law for public comment (official Chinese version available here; unofficial translation from AmCham China available here). The revised draft contains a number of significant changes from the first draft, which was released in July 2015, but retains many of the ...
July 1, 2016, Inside Privacy
The Cyberspace Administration of China (“CAC”) has issued new rules regulating apps for smartphone/mobile devices, the Rules on the Management of Mobile App Information Services (“App Rules,” available here, preceded by a Q&A section, all in Chinese), that will come into effect on August 1, 2016. The App Rules are aimed primarily at regulating the rapidly...… ...
June 29, 2016, FCPA Report
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 1, 2016, Inside Privacy
This month, China’s National Information Security Standardization Technical Committee (“NISSTC”) organized a meeting to launch a working group tasked with drafting a Personal Information Security Standard (“PIS Standard”). NISSTC is a government committee jointly supervised by the Standardization Administration of China and the Cyberspace Administration of ...
New Developments in FCPA Enforcement and Risk Mitigation
April 26, 2016 (presented in Mandarin), Compliance in China Seminar
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 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 ...
China Releases Judicial Interpretation Clarifying Application of Law to Criminal Bribery Cases
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 ...
PRC Encryption Controls
March 30, 2016, ACI’s 6th Advanced Industry Forum on Global Encryption, Cloud & Cybersecurity Controls
February 29, 2016, Covington Alert
February 21, 2016, Covington Alert
February 9, 2016, Covington Alert
January 5, 2016, Inside Privacy
On December 27, 2015, the Standing Committee of the National People’s Congress (NPC), China’s top legislative body, enacted a Counter-Terrorism Law (see the Chinese version here, and an unofficial English translation here), which took effect on January 1, 2016. The adoption of this law, a year after the first draft was released for public comment,...… Continue ...
September 1, 2015, Inside Privacy
On August 29, 2015, China’s legislature, the National People’s Congress, amended the Criminal Law, effective November 1, 2015. Among other things, the amendments modify and add several provisions related to data privacy and cybersecurity. We discuss some of these key amendments below. Expanded criminal sanctions for illegal sale or provision of personal ...
September 2015, Bloomberg BNA World Data Protection Report
August 2015, Bloomberg BNA World Data Protection Report
July 29, 2015, Covington Alert
July 13, 2015, Inside Privacy
On July 6, 2015, China’s National People’s Congress (NPC) released a draft of the Network Security Law (“Draft Law,” referred to in some press articles as the draft Cybersecurity Law) for public comment. Comments can be submitted through the NPC website or by mail before August 5, 2015. The release of the Draft Law follows...… Continue Reading
July 7, 2015, Inside Privacy
On July 1, 2015, China’s State Administration for Industry and Commerce published a draft of the Interim Measures on Supervision of Internet Advertising (“Draft Internet Advertising Measures”; original Chinese here) for public comment. If adopted as drafted, the Draft Internet Advertising Measures would (1) require advertisements in email and instant messaging ...
July 2015, Bloomberg BNA World Data Protection Report
June 2015, Bloomberg BNA World Data Protection Report
April 22, 2015, Covington E-Alert
March 2015, Covington E-Alert
February 2015, Bloomberg BNA World Data Protection Report
January 5, 2015, State Administration for Industry and Commerce
December 18, 2014, Covington E-Alert
December 17, 2014, Covington E-Alert
Chinese Government Increases Anti-Corruption Scrutiny of Foundations and Other Social Organizations
December 1, 2014, Covington E-Alert
December 1, 2014, Covington E-Alert
November 13, 2014
Shanghai, November 13, 2014 — Covington & Burling has been named “Compliance / Regulatory Firm of the Year” by Asian-MENA Counsel magazine. Asian-MENA Counsel bases the award on a survey sent to over 21,000 in-house counsel and company directors across Asia Pacific and the Middle East. Covington partner Eric Carlson, who leads the firm’s compliance practice ...
Draft Amendments to China’s Criminal Law Would Broaden Legal Tools in Fight Against Corruption
November 6, 2014, Covington E-Alert
The Importance of Creating a Coordinated Multi-Jurisdictional Compliance Program
October 16, 2014, Life Sciences Essentials Series Webinar
Navigating Life Science-Specific Compliance Challenges in China Amid the Enforcement Storm
October 2014, Covington Life Sciences Essentials: The Importance of Creating a Coordinated Multi-Jurisdictional Compliance Program
Managing an Enforcement Crisis in China: How to Handle the Business, Legal, and Reputational Impact of a Chinese Government Investigation
September 2014, ACI FCPA Boot Camp San Francisco
How to Get Your Encrypted Products In and Out of China: How to Interpret and Apply SEMB Controls and Restrictions
September 2014, ACI Global Encryption Controls
July 2014, Bloomberg BNA World Data Protection Report
United States v. Esquenazi - U.S. Court of Appeals Clarifies FCPA's 'Foreign Official' Standard
May 23, 2014, Covington Advisory
FCPA: The Risks of Doing Business Beyond Your Borders
April 30, 2014, BayBio - Lunch & Learn
April 2, 2014
BEIJING, April 2, 2014 — Global Investigations Review magazine has named Covington & Burling partners Tammy Albarrán and Eric Carlson to its inaugural list of 40 leading investigations lawyers under the age of 40. The list recognizes the “next generation that will lead the global investigations bar.” Ms. Albarrán, 39, is based in Covington’s San Francisco ...
March 3, 2014, Covington E-Alert
Corporate Criminal Enforcement in China
January 17, 2014, Business Beyond Borders: NYU-Shanghai Jiaotong University Conference
December 31, 2013, Covington E-Alert
December 2013, Covington E-Alert
November 2013, Bloomberg BNA World Data Protection Report
Navigating Anti-Corruption Compliance Challenges in China Amid the Enforcement Storm
November 2013, Covington Life Science Seminar 2013
October 21, 2013, Covington E-Alert
August 20, 2013, Covington E-Alert
August 14, 2013, Covington E-Alert
Conducting Anti-Corruption Due Diligence During M&A Transactions
June 2013, Corruption & Compliance Asia Congress 2013
Leveraging Corruption Risk Assessments for Effective Compliance Resourcing
June 2013, Corruption & Compliance Asia Congress 2013
May 17, 2013, Covington E-Alert
April 26, 2013, Covington E-Alert
April 2013, Data Protection Law & Policy
Dealing with Corruption Challenges in China
April 2013, 6th Annual New Environment for FDI in China Roundtable
March 13, 2013, Covington E-Alert
March 6, 2013, Covington E-Alert
China Releases New National Standard for Personal Information Collected Over Information Systems
February 15, 2013, Covington E-Alert
Core Components of an Effective Anti-Corruption Compliance Program for China Operations
February 2013, 2013 China Anti-Corruption Summit
Recent FCPA Cases and Guidance from US Enforcement Authorities and Effect on Anti-Corruption Compliance in China
February 2013, 2013 China Anti-Corruption Summit
December 2012/January 2013, Mr. Carlson was quoted in The Corporate Treasurer
December 10, 2012, Covington E-Alert
Creating Robust Agreements with Third Parties
December 2012, Advanced Anti-Corruption Strategies
Implications of Recent FCPA-Related Developments: Insights into US Government Enforcement Priorities
December 2012, Advanced Anti-Corruption Strategies
Investing in the United States: Regulatory Compliance, Approvals, and Disclosures
December 2012, Ambassador’s Investment Forum
December 2012, Covington E-Alert
October 2012, Covington E-Alert
The Overlap Between Fraud and Corruption: Learning from Best Practices in Corruption Prevention and Investigations
October 2012, Global Anti-Fraud Conference 2012
September 25, 2012, Covington E-Alert
September 2012, Scrip Regulatory Affairs
Practical Tips for Conducting a Successful Internal Investigation in Asia
September 2012, Corruption and Compliance South and Southeast Asia Summit
Shouldering the Regulatory Burden: Does Increased Compliance Necessarily Equal Extra Cost?
September 2012, Corruption and Compliance South and Southeast Asia Summit
Understanding and Mitigating Corruption and Fraud Risks During M&A and Outbound Transactions
August 2012) (presented in Mandarin, M&A and China Outbound Investment Conference
Deal-Making and FCPA-Compliant Sales Practices in China
August 2012, Association for Corporate Growth
June 14, 2012, Covington E-Alert
April 2012, Covington E-Alert
PRC Encryption Controls
April 2012, 3rd Advanced Industry Summit on Complying with Global Encryption Controls
Successfully and Legally Doing Business with SOEs, Relatives of Officials, and Government Departments
April 2012, Anti-Corruption China Summit
Analyzing and Evaluating Risks in Complicated Situations: An In-depth Look at How High-risk Situations Are Managed in Practice
April 2012, Anti-Corruption China Summit
Chinese Companies and Anti-Corruption Compliance
April 2012) (presented in Mandarin, 6th China New Energy International Forum
March 19, 2012
LONDON, 19 March, 2012 — Covington & Burling LLP received 46 individual mentions and 20 practice mentions in the Chambers Global 2012 edition. The guidebook, which ranks lawyers globally by pan-regional and country practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. The Covington lawyers ...
Avoiding Fraud and Corruption Risks & Liabilities through Effective Investigative Due Diligence
March 2012, Corporate Mergers & Acquisitions Tactics and Best Practices
March 2012, Covington E-Alert
FCPA and Best Practices in a Global Context
March 2012, CEBEX Group US FCPA Training
February 17, 2012, Covington E-Alert
Corruption Risks and Compliance Tips in Defense Exports
February 2012, Defence Exports Asia Pacific
January 19, 2012, Covington E-Alert
January 2012, Covington E-Alert
January 2012, World Data Protection Report
Keeping Your Life Science Company in Compliance in China: Updating and Upgrading Your Regulatory and Anti-Corruption Compliance
November 2011, West LegalEdcenter Webcast
How the US Department of Justice Would Likely View Situations Frequently Encountered in China
November 2011, Anti-Corruption China Summit
Practical Guidelines for Legally Winning Business from Government Agencies and State-Owned Companies in a Culturally Sensitive Way
November 2011, Anti-Corruption China Summit
October 18, 2011, Covington E-Alert
Coordinating Internally Resourced Investigations, Third-Party Assistance with Internal Investigations, and Government Investigations
October 2011, China Anti-Corruption Forum 2011
August 31, 2011, Covington E-Alert
DOJ & SEC Enforcement Priorities and Impact on Your China Operations
July 2011) (presented in Mandarin, Corporate Compliance Conference 2011
July/August 2011 edition, Mr. Carlson was quoted in CDR magazine
June 2011, Financial Fraud Law Report
Gifts, Travel, and Entertainment in China: Balancing Guanxi with Legal Needs
June 2011, ACI Anti-Corruption Compliance in Emerging Markets
May 25, 2011, Covington E-Alert
May 11, 2011, Covington E-Alert
Developing and Implementing Robust Technology Control Plans
April 2011, 2nd China Summit on Export Controls Compliance
February 28, 2011, Covington E-Alert
January 2011, Covington E-Alert
The New SEC Whistleblower Provisions: Is the Sky Really Falling?
January 2011, 4th Annual Anti-Corruption Asia Congress
12/18/2010) (Chinese only, Mr. Carlson was quoted in China Business Journal
Lessons from Recent China-Related FCPA Cases
November 2010, 4th Anti-Corruption China Summit
The Long Arm of the FCPA and UK Bribery Act and Best Practices in Anti-Corruption Compliance in China
November 2010) (presented in Mandarin, 4th Corporate Compliance Conference 2010
PRC Encryption Controls
October 2010, Singapore Summit on Export Control Compliance
9/27/2010 (Chinese Only), Mr. Carlson was quoted in Economy and Nation Weekly
9/27/2010 (Chinese Only), Mr. Carlson was quoted in Economy and Nation Weekly
The Nature’s Sunshine Case and Implications for ‘Control Person’ Liability Under the FCPA
September 2010, Anti-Corruption South and Southeast Asia Summit
July 21, 2010, Covington E-Alert
June 25, 2010, Covington E-Alert
Recent Trends in Anti-Corruption Enforcement and Compliance in China
March 2010) (presented in Mandarin, Anti-Corruption Compliance in China Summit 2010
Senate Passes New Iran Sanctions Legislation Targeting Non-U.S. Companies in Petroleum Industry
February 2, 2010, Covington E-Alert
Final Rule Requires Federal Contractors to Certify Regarding Certain Business Activities in Sudan
August 17, 2009, Covington E-Alert
Facilitating Payments Under the FCPA
May 2009, Anti-Corruption and FCPA Compliance China Summit
Making Your Global Compliance Policy Work in China
May 2009, Anti-Corruption and FCPA Compliance China Summit
What Is a 'Government Official' Under the FCPA and Where Is the Line Drawn?
May 2009, Anti-Corruption and FCPA Compliance China Summit
April 14, 2009, Covington E-Alert
Compliance with the Foreign Corrupt Practices Act by Multinational Companies Operating in China
March 2009, Anti-Corruption Compliance in China Summit
How To Strengthen Corporate Communication to Prevent Anti-Corruption Issues
March 2009, Anti-Corruption Compliance in China Summit
- Chambers Global, China, Corporate Investigations/Anti-Corruption (International Firms) and International Trade
- Chambers Asia-Pacific, China, Corporate Investigations/Anti-Corruption (International Firms)
- Chambers Asia-Pacific, China - International Trade
- China Business Law Awards, Anti-bribery and Anti-corruption Firm of the Year - International Firms (2020)
- Global Investigations Review and Who’s Who Legal: Investigations recognized Mr. Carlson in 2018 among the "leading lawyers worldwide in the field of investigations."
- China Law & Practice, "Regulatory & Compliance Lawyer of the Year" (2016)
- China Law & Practice, “Regulatory & Compliance Firm of the Year” (2016)
- Who’s Who Legal: Thought Leaders – GIR 2019-2020 (Investigations)
- The International Who's Who of Investigations Lawyers & Forensic Experts
COVID-19: Legal and Business Toolkit
We are helping clients around the world navigate this evolving, complex situation.
Doing Business in China?
Covington helps clients validate or recalibrate their existing strategies for doing business in and with China.