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Government Enforcement Defense

Our trial lawyers have extensive experience aggressively defending clients in high-profile cases against the government. Our criminal and regulatory practice is primarily cross-border, often involving simultaneous investigations by law enforcement authorities in several countries. We are one of the only firms with former U.S. prosecutors permanently stationed in offices in Asia, Europe and the Middle East.

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Events September 13, 2018

David McGill Discusses Digital Currency Regulation and Enforcement

David McGill moderated a discussion on the regulation and enforcement of digital assets at the TokenFest conference on September 13. The panel titled “Governance, Regulation & Enforcement” explored the U.S. regulatory landscape of cryptocurrency markets and government approaches to monitoring digital currencies, blockchain technology and initial coin offerings.

Events August 28, 2018

Vasu Muthyala Explores the Impact of U.S. Enforcement Trends in India

Former U.S. Department of Justice prosecutor, Vasu Muthyala will examine U.S. enforcement trends at the AmCham India Anti-Corruption Compliance and Risk Management Masterclass on August 29. The panel will review recent corruption cases in India, legal issues and challenges and the rise of enforcement by U.S. investigators in the region.

Beware the Reach of U.S. Sanctions

The web of U.S. sanctions across the globe is dynamic and complex, and it can affect companies doing business in any corner of the world, even those with limited ties to the U.S.
Inadvertent sanctions violations can be considered “egregious” by OFAC and subject violators to significant fines.
Secondary sanctions are an often unwitting risk.

5 Questions Raised By the DOJ's Partnership With Global Antitrust Enforcers

A new Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (MFP) is being finalized.
Although the new MFP will not be binding on all enforcement regimes, the MFP’s compliance mechanisms should incentivize agencies to comply with the common commitments.
This announcement raises five key questions about the future of global antitrust enforcement.

Events July 25, 2018

Adriana Riviere-Badell and Gabriela Ruiz Examine Anti-Corruption and U.S. Government Enforcement Actions in Latin America

U.S. regulators continue to expand their enforcement across borders, recently with a special focus on Latin America. Adriana Riviere-Badell and Gabriela Ruiz will discuss the ramifications of the U.S. Foreign Corrupt Practices Act (FCPA) at an AmCham Argentina presentation taking place on July 31 in Buenos Aires. The presentation will highlight U.S. regulatory enforcement on a global scale and recent anticorruption legislation in Argentina.

5 Ways to Plan Ahead as the U.S. Moves to Curb Foreign Investment

In recent history, investments originating from China have accounted for nearly a quarter of CFIUS reviews, with investments from the UK, Japan, Hong Kong, Israel and South Korea also among the most reviewed.
The U.S. has indicated it intends to more aggressively review and regulate foreign investment in industries that may implicate national security via the Committee on Foreign Investment in the United States (CFIUS), an interagency committee headed by the U.S. Department of Treasury.
While CFIUS is largely a voluntary regime, it is important for foreign investors to consider the potential implications of an investment in, or the purchase of, a U.S. company.

Events June 25, 2018

Vasu Muthyala Explores Internal Investigations and the Regulatory Regime in India

Former U.S. Department of Justice prosecutor Vasu Muthyala will discuss internal investigations and the anti-corruption landscape in India during a webinar hosted by Nishith Desai on June 27. The webinar, titled “The Authorities are here: Plan and Prepare to handle a crisis, before it happens,” will focus on the key considerations when preparing for an internal investigation and the anti-corruption law relating to conduct in India. Topics include the U.S. Foreign Corrupt Practices Act (FCPA), U.S. Anti-Money Laundering regulations, the UK Bribery Act, and the risks and challenges companies may face.

Events June 8, 2018

Nathan Park Discusses Cryptocurrency Enforcement Trends at NAPABA Northeast Regional Conference

On June 9, Nathan Park will explore the regulation of cryptocurrency across jurisdictions at the NAPABA Northeast Regional Conference. The panel titled, “Keeping up with Crypto,” will highlight global regulatory efforts, provide insight into how U.S. regulators are approaching cryptocurrency enforcement beyond U.S. borders and discuss the future direction of enforcement actions.

Events June 5, 2018

David McGill Explores Regulatory Perspectives on Cryptocurrencies

David McGill will lead a discussion on cryptocurrency regulations and recent developments at the Blockchain & Digital Assets Summit hosted by the New York City Bar Association on June 7. The panel titled “Regulatory Perspectives on Cryptocurrencies, ICOs, and Blockchain” will explore U.S. regulation and enforcement and the various federal agencies asserting jurisdiction over cryptocurrencies, government approaches and future trends in blockchain regulation.

Events June 5, 2018

Former Federal Prosecutor Vasu Muthyala Provides Insight on the Anti-Corruption Regime in Vietnam

On June 7, Hong Kong-based lawyer Vasu Muthyala will lead the panel “Spotlight on Vietnam’s Corporate Responsibility and Compliance — Assessing the Effectiveness and Ensuring Awareness of the Company’s Compliance with its Policies” at the Vietnam In-House Legal Summit hosted by Asian Legal Business. Mr. Muthyala’s discussion will include topics covering the expansion of Vietnam’s anti-corruption regime, enforcement trends on anti-bribery and crisis management during an investigation.

5 Ways Cryptocurrency Traders in EMEA Can Plan Ahead for U.S. Government Scrutiny

The U.S. Department of Justice (DOJ) and Commodity Futures Trading Commission (CFTC) are aggressively directing their enforcement resources to combat against digital currency traders in the UK and greater EMEA.
Counsel located in the UK and greater EMEA region needs to be aware of the risks involved with this new-found aggression and how to prepare for any U.S.-driven regulatory inquiries or subpoenas.
Firms representing European entities and individuals involved in cryptocurrency should be more comprehensive in their preparation.

Events May 23, 2018

Vasu Muthyala Discusses U.S. Enforcement Trends and Associated Challenges India-based Businesses Face

Former U.S. Department of Justice prosecutor, Vasu Muthyala, will lead a discussion on U.S. enforcement trends at the 2018 Legal Era Conclave on May 25. The panel, “White Collar Crimes” will highlight the legal challenges businesses in India may face and what to consider when responding to corporate misconduct. Mr. Muthyala will also examine the contrast between self-reporting and the more traditional common law approach in the U.S.

Events April 18, 2018

Benjamin Sauter Explores Regulatory Developments Across the Digital Currency Landscape

Benjamin Sauter will lead a discussion on the rapidly evolving blockchain technology and digital currency landscape at the American Bar Association’s 2018 Blockchain Technology, Digital Currency and ICO National Institute. The panel will examine regulatory developments, the current state of the law and emerging legal issues concerning digital currencies, blockchain technology and initial coin offerings. Speakers will also provide insight into global regulatory efforts and how law enforcement and regulators are approaching digital currencies.

Events April 17, 2018

Leif Simonson Examines the Legal and Ethical Challenges in Cross-border Investigations

Leif Simonson will explore the legal issues that may arise in litigation and investigations involving multiple jurisdictions at the American Bar Association Annual Conference of the Section of International Law on April 20. The presentation will highlight the ethical hurdles in representing clients in cross-border cartel investigations, antitrust litigation and merger investigations. The panel will also address how different regulations across jurisdictions can pose challenges when considering recognition, scope of privilege and the approach to confidentiality.

Events April 13, 2018

Kobre & Kim Hosts the ABA 2018 Blockchain Technology, Digital Currency and ICO National Institute

On April 27, Kobre & Kim will host the 2018 Blockchain Technology, Digital Currency and ICO National Institute. Co-sponsored by the American Bar Association (ABA) and its Criminal Justice Section, the program will provide an in-depth analysis of the emerging legal issues surrounding digital currency.

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