黄玉玲 Helen Hwang

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 ...

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 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 2020, Covington Advisory

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, 科文顿电子期刊

2020年7月3日，美国司法部（下称“司法部”）刑事司和美国证券交易委员会（下称“证交会”）执法部低调发布了《美国反海外腐败法信息指引（第二版）》（下称“第二版”）。该《信息指引》第一版（下称“第一版”）发布于2012年11月，已成为《反海外腐败法》（下称“FCPA”）从业者和合规专业人士重要的参考资源。如同第一版一样，第二版仍然是关于司法部和证交会对FCPA各种相关问题立场的非约束性、非正式指引。

2020年6月3日, 科文顿电子期刊

2020年6月1日，美国司法部（下称?司法部?）刑事司发布了更新版的企业合规体系评估文件（下称?指引?），该指引是供检察官在司法部调查中评估企业合规体系时参考的文件。司法部最近一次修订指引是在2019年4月，我们在之前一篇客户期刊中讨论过该版指引。如同指引之前重申的那样，2020年6月的版本仍然适用于涉及企业组织的所有刑事司调查和执法行动。  

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 ...

February 5, 2020, Law360

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.

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 ...

October 2, 2019, The American Lawyer

October 1, 2019

WASHINGTON—Covington has promoted to its partnership 14 lawyers based in eight different offices, including nine women and six lawyers of ethnically diverse backgrounds.   “Our new partners are exceptionally talented lawyers from a wide range of the firm’s offices and most important practices, and they are extremely well-positioned to carry the firm forward,” ...

September 5, 2019, The FCPA Blog

September 5, 2019, Annual China Pharmaceutical/Life Sciences/Healthcare Compliance Conference (Shanghai)

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.