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David Lorello

Of Counsel

London +44 20 7067 2012 dlorello@cov.com Download V-card

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David Lorello is of counsel in the firm’s London office and serves as a vice chair of the firm’s International Trade Controls Practice Group. Mr. Lorello advises clients concerning a range of international regulatory, white collar, and commercial matters under both European and U.S. laws. Mr. Lorello is recognized in the leading peer review publications for his work on trade controls and anti-corruption compliance and investigations matters, with Chambers Global describing Mr. Lorello as a “compliance authority” in those areas.

Anti-Corruption Compliance and Investigations

Mr. Lorello regularly assists clients in investigating anti-corruption compliance issues arising under the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act and other related U.S., UK, and European anti-bribery and anti-money laundering laws. Mr. Lorello has particular experience in managing corporate investigations and developing anti-corruption compliance programs for companies operating in Europe, including coordinating advice concerning parallel risks under U.S. and European anti-corruption laws, advising clients concerning European criminal enforcement and debarment risks, and ensuring compliance with European data protection and workplace laws in the course of investigations and compliance matters.

Mr. Lorello also regularly represents clients before the World Bank, and other international financial institutions, in debarment proceedings concerning allegations of corrupt practices in connection with contracts financed by those institutions. In addition, Mr. Lorello advises clients concerning the commercial liability risks arising from corrupt practices, including private rights of action that may arise for parties that suffer losses as a result of corrupt practices.

Export Controls and Economic Sanctions

Mr. Lorello regularly represents clients before the major agencies responsible for export controls and economic sanctions laws and regulations, both in the United States and European Union. He has assisted clients in export and sanctions licensing and compliance issues with regard to a variety of industries and products, including encryption and other computer technologies, satellites, oil and gas products, military items, and other goods and technology controlled for export due to national security reasons. Mr. Lorello has extensive experience assisting clients in developing effective export compliance strategies, including preparing export license requests, voluntary self-disclosures and intra-company agreements as well as policies necessary to ensure export controls and economic sanctions compliance.

Mr. Lorello has particular experience in assisting clients in economic sanctions matters relating to the financial services industry. He has represented financial services clients in various matters before U.S. and EU Member State regulators, and he has worked with financial services clients in developing tailored internal controls focused on economic sanctions compliance.

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American Bar Association, Member

UK Supreme Court Limits the Reach of the SFO’s Investigatory Powers

On 5 February 2021, the UK Supreme Court handed down its judgment in an appeal by KBR, Inc. (KBR) against the High Court’s refusal to quash a document production notice served on it by the Serious Fraud Office (SFO). Among other grounds, KBR—a U.S.-incorporated company that has UK subsidiaries but does not itself have a place of business or carry on business in ...

Anticipating the Legal and Business Implications of the Military Coup in Myanmar

On February 1, 2021, the Myanmar military seized control of the government, detaining senior civilian leaders including State Counsellor Aung San Suu Kyi and President Win Myint. The UN Security Council, G7, and multiple governments condemned the coup and called for the release of civilian leaders. The United States determined that the military’s actions ...

An Overview of Post-Brexit UK Export Controls and Economic Sanctions

Following the United Kingdom’s formal departure from the European Union regulatory regime on 31 December 2020, the UK now implements a unilateral export controls and economic sanctions framework. The post-Brexit UK trade controls regime is the product of a series of transitional statutory measures implemented by the UK Government, beginning in 2018 with the ...

2020 Year in Review: Top Anti-Corruption Enforcement and Compliance Trends and Developments

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 ...

Bite-Sized Brexit: What You Need to Know

The EU-UK Trade and Cooperation Agreement (EUTCA) reached on December 24th is a wide-ranging and complex agreement. Our Brexit Task Force offers these "bite-sized" recordings to give a snapshot of what you need to know in each area. Though the EUTCA provides the overall architecture of the future relationship in a number of areas, much of the detail must still ...

Africa Anti-Corruption Compliance Trends and Five Focus Areas for 2021

As we noted in a recent client advisory, we have observed an upward trend in recent years in anti-corruption enforcement activity in Africa, including cross-border cooperation between African law enforcement authorities and their counterparts in the U.S. and UK. Looking ahead to 2021 and beyond, we see no reason to expect this trend to reverse. While 2020 did ...

Commerce Department Adds 77 Companies and Individuals to the Entity List, Many in China, and Issues Huawei FAQs

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 ...

United States Sanctions Iran’s Financial Sector

On October 8, 2020, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) announced the imposition of comprehensive sanctions against 18 major Iranian banks. As part of the same action, the Treasury Department identified the “financial sector” of the Iranian economy as subject to sanctions under Executive Order No. 13902 (the ...

Anti-Corruption Trends and Developments in the EMEA Region

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 ...

FCPA Resource Guide, Second Edition: What You Need To Know

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 ...

DOJ Again Updates Guidance for Evaluation of Corporate Compliance Programs

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 ...

Commerce Department Amends Foreign-Produced Direct Product Rule, Further Restricting Transfers to Huawei

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 ...

BIS Tightens Export Controls to Counter Integration of Civil and Military Technology Development in China, Russia, and Venezuela

On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...

COVID-19: New EU and EU Member State Export Controls Measures

In recent days, both the EU and certain EU Member States have imposed new export licensing requirements on the export of certain types of medical equipment and medicines, in light of the COVID-19 outbreak. We summarize those measures below. The new measures are relevant for any companies who may export medical equipment or medicines from the EU or the United ...

Brexit Day Marks a Beginning, Not an End

This evening, at 11:00 p.m. GMT, the UK will leave the European Union. Brexit day marks a beginning, not an end. The UK today embarks on a complex process of negotiating new arrangements for trade and cooperation with the EU and partners around the world. Regulatory divergence seems inevitable, given that the UK will want to make its own decisions on existing ...

New U.S. Sanctions Against Sectors of Iran’s Economy and European Trigger of the JCPOA Dispute Resolution Mechanism

On January 10, 2020, President Trump issued a new Executive Order (“January 10 Executive Order”) that provides authority for the imposition of sanctions with respect to certain additional sectors of Iran’s economy, including Iran’s construction, mining, manufacturing, and textiles sectors. The January 10 Executive Order introduces both property-blocking ...

Serious Fraud Office Issues Cooperation Guidance

The Serious Fraud Office (SFO) released its much-anticipated cooperation guidance on August 6, 2019. The five-page document sets out the steps an organization can take to assist the SFO in an investigation and thereby maximise the organization’s chances of avoiding prosecution. The publication represents a welcome change in direction on the part of the SFO, ...

2018 Year in Review: Top Anti-Corruption Enforcement Trends and Developments Bilingual

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 ...

2018 Year in Review: Top Anti-Corruption Enforcement Trends and Developments

New Executive Order Re-Imposing U.S. Sanctions Against Iran and Entry Into Force of Updated EU Blocking Statute

On August 6, 2018, President Trump issued Executive Order 13846 (the “Executive Order”) that re-imposes -- and to a limited extent broadens the scope of -- certain U.S. secondary sanctions targeting Iran that had been suspended in January 2016 pursuant to the Joint Comprehensive Plan of Action (“JCPOA”) with Iran.

European Union Amends Blocking Regulation in Effort to Counter Implementation of Certain U.S.-Iran Sanctions

As described in our May 9, 2018, alert, the United States determined on May 8, 2018, to end its 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, Germany, France, the UK, and China.

United States Re-Imposes Sanctions Against Iran: Impact on European Business

On May 8, 2018, the United States announced the decision to end its 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, Germany, France, the UK and China.

United States Ends Participation in Iran Nuclear Deal, Re-Imposes Sanctions Against Iran

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 ...

United States Ends Participation in Iran Nuclear Deal, Re-Imposes Sanctions Against Iran

Trends and Developments in Anti-Corruption Enforcement

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.

DOJ Announces Revised FCPA Corporate Enforcement Policy

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”).

UK Imposes New Sanctions Disclosure Obligation on Legal Professionals, Certain Other Businesses

On July 18, 2017, the UK published a new statutory instrument, The European Union Financial Sanctions (Amendment of Information Provisions) Regulation 2017 (S.I. 2017/754) (hereinafter, the “AIP Regulation”). The Regulation comes into force on August 8, 2017.

KWM London's former head of fraud and investigations joins Covington

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, ...

White Collar and Fraud Specialist Joins Covington’s European Practice

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 ...

Regulatory Change Slow and Slight in Case of Brexit

David Lorello is quoted in a Wall Street Journal article regarding the possible regulatory changes that may come as a result of Brexit. According to Lorello, commenting on potential changes to the sanctions regime, “If the UK leaves the EU, it may no longer be required to implement those sanctions, but it all depends on how Brexit would be negotiated.”

Further Scrutiny of UK’s Serious Fraud Office Calls for Funding Review

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 ...

UK issues proposed rule to implement EU extractive and logging industry reporting requirements

Bruce Bennett and David Lorello have authored an article on draft legislation in the U.K. titled “Reports on Payments to Governments Regulations 2014,” that would require mining, quarrying and logging companies registered in the U.K. to report payments they make to governments in all countries where they operate.

Four more months – measured sanctions relief for Iran

Peter Flanagan and David Lorello have co-authored this piece on US and EU sanctions targeting Iran: "On 19 July 2014, the United States, the United Kingdom, Germany, France, Russia, and China (the “P5+1”) and Iran mutually consented to extend the Joint Plan of Action (JPOA), reached by the parties on 24 November 2013, for an additional four-month period, to 24 ...

Covington Advises Lombard Medical in U.S. IPO and Re-domicile

LONDON, 1 May, 2014 — Covington & Burling advised Lombard Medical, Inc. on its $55 million U.S. initial public offering and the listing of the company’s ordinary shares on the NASDAQ Global Market. Covington also advised the company on its change of domicile from the U.K. to the Cayman Islands and the delisting of its shares from the AIM market of the London ...

David Lorello Joins Covington, Expands Global Anti-Corruption Practice

LONDON, 16 May, 2012 — Covington & Burling is strengthening its anti-corruption and trade control practices by adding lawyer David Lorello as a partner in its London office. Mr. Lorello is a US lawyer, and has been practicing in London for the last five years, with a broad practice spanning US, UK, and European international regulatory issues. This is ...

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Chambers UK, Financial Crime: Corporates (2017)
Chambers Global, International Trade/WTO (2014, 2016-2018) and Corporate Investigations - Anti-Corruption (2015)
Chambers Europe, International Trade (2017-2018) and Corporate Investigations (2014-2017)
Legal 500 UK
- Corporate Crime (2014-2016)
- Corporate and Commercial: Trade, WTO, Anti-dumping, Customs (2016-2017)
- Fraud - Civil (2012)
- Public International Law (2011)
World ECR - ‘Highly Commended’ for Export Controls Law Firm of the Year (Europe) (2015)

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David Lorello

Memberships and Affiliations

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Accolades

COVID-19: Legal and Business Toolkit

Practices

Education

Columbia Law School, J.D., 1999

Rutgers College, B.A., 1996

Judicial Clerkship

Bar Admissions