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The Foreign Corrupt Practices Act: For Small and Medium Size Businesses and Their Owners

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Description: The Foreign Corrupt Practices Act is a major source of liability for US companies doing business abroad as well as for non-US companies with subsidiaries, listings or even transient contacts in the US. Many of the high-profile cases over the past decade have involved large multinationals such as Total, Alcatel, Eni and Tyson Foods. But the SEC and DOJ are increasingly turning their attention to individuals as a means of putting teeth in the FCPA. In addition, smaller companies have been caught in the cross-hairs of the US regulators and have faced fines reaching in the tens of millions of dollars—very significant amounts for smaller companies. Finally, the reputational risk associated with an SEC or DOJ enforcement action can permanently damage a company’s goodwill regardless of its size. As a result of the foregoing, small and medium sized businesses and their owners would be well advised to be familiar with this area of the law and the means of avoiding potential liability. The course will provide an overview of the FCPA, the types of situations that can create risks for businesses and their owners, and key “red flags” managers should be able to spot and address. The course will then focus on how to implement a compliance, training, and company-wide policy that will help avoid problems and demonstrate to regulators that any issues were the result of “rogue” actors rather than lax policies that could be traced to top management. Finally, the course will focus on the practical steps a company can take to perform an internal investigation before enforcement action occurs if management becomes aware of a potential problem and how and when to cooperate with the regulators in the event issues come to the attention of the SEC or the DOJ. Because Dunnington is firm with a strong international focus and attorneys qualified in multiple jurisdictions with a wealth of linguistic abilities, the course will focus on areas where the firm has particular strengths: Latin America, France and the Francophone world, and Italy. The course is not limited to these jurisdictions, but Dunnington’s in-depth knowledge of these markets can provide color and context that a more US-centric approach would lack.
Presenter Bios
Eden P. Quainton is a member of Dunnington’s corporate, international, France , Italy and Latin America Desks, litigation/ADR and employment practice areas. Mr. Quainton is a former partner with Skadden, Arps, Slate, Meagher & Flom LLP and a former associate with Cravath, Swaine & Moore LLP and Cleary, Gottlieb, Steen & Hamilton, LLP. Mr. Quainton’s practice focuses on corporate transactions and civil litigation. Mr. Quainton speaks French, Spanish, Russian and Italian, and has a working knowledge of German. He routinely advises French and Spanish-speaking clients in both corporate and litigation matters. Examples of Mr. Quainton’s experience include the following:
Mr. Quainton has represented clients throughout the world, in Latin and North America, Europe, Russia and the CIS, Asia and Africa, with a particular focus on France and the former Soviet Union. His large-firm experience focused primarily on clients such as Air France, HSBC, Merrill Lynch and sovereign clients, including the Chinese Ministry of Finance and the Kazakh national oil company. Over the past several years, Mr. Quainton has shifted his focus to smaller clients and individuals, to provide “big firm” service with the personalized attention of a smaller practice. He has represented a self-driving car start-up, including establishing a joint venture in China, the African Guarantee Fund in its implementation of best corporate governance practices and evaluation of fundraising options, various start-ups in fundraising efforts under Regulation D, Regulation S and Regulation A+, a US-headquartered Bangladeshi health care start-up, a French public relations firm in its sale to a larger US acquirer, a US alternative energy provider in its acquisition of a Belgian tech firm, and numerous one-off or “bespoke” transactions. He also serves as the general outside counsel to several clients, including a non-profit organization focusing on the performing arts; in that capacity he has advised on employment, fundraising, governance, litigation and transactional matters.
Mr. Quainton maintains an active litigation docket, including an array of cases in State and Federal court, at both the trial level and on appeal. He is or has recently been lead counsel on  defamation matters pending in the District Court for the District of Columbia, a § 1983/Monell wrongful death case against the City of New York based on a multi-year pattern of physical abuse and medical neglect towards a pre-trial detainee, a copyright infringement case on behalf of an Indian garment manufacturer, a RICO suit being brought by French investors against various US individuals and financial institutions, numerous “business divorce” cases in state and Federal court,  a “me too” claim brought by a plaintiff of Chinese origin against a French national residing in Moscow, the Indian-American plaintiffs in a residential oil spill case, and various individuals and small businesses in contract and tort cases. He has represented clients on appeals before the DC Circuit, the New York Appellate Division and the New Jersey Appellate Division.  Mr. Quainton has represented clients in arbitration proceedings before the ICC and has helped resolve numerous matters for clients through mediation.
Mr. Quainton is admitted in New York and New Jersey and in the Southern, Eastern and Northern Districts of New York, as well as the District and Circuit Courts for the District of Columbia. He was the first American admitted to the Paris Bar on the basis of a competitive examination and was a member of the Paris Bar from 1996-2010.
Mr. Quainton routinely handles employment matters for both plaintiffs and defendants, including claims arising under the New York Human Rights laws, where he has represented clients suffering from physical and mental handicaps, claims arising under the FLSA, including “misclassification” claims, wage and hour claims, the rights of migrant workers under the Migrant and Seasonal Agricultural Worker Protection Act, employment termination litigation, severance and “golden parachute” issues, confidentiality, non-disclosure and non-competition agreements, independent contractor, work-for-hire, and executive employment agreements.
Mr. Quainton has handled a number of sensitive investigations, including an investigation of the Department of Defense for the Republic of Kazakhstan in connection with the sale of aircraft to North Korea, an internal investigation for a US Fortune 100 company of its French subsidiary, and an FCPA assessment for an investment bank with a stake in a major provider of outsourcing solutions in India. Mr. Quainton’s language skills and international background make him a valued advisor to clients in cross-border investigations.
Mr. Quainton received his Bachelor of Arts summa cum laude from Yale University, and his J.D. with distinction from Stanford University, where he was a member of Law Review, a co-President of the Moot Court Society, and a Mellon Fellow in the Humanities, and where he also received an MA in Russian.
Mr. Quainton enjoys hiking and running, learning new languages (currently working on Hebrew), and reading and writing poetry.
Luke McGrath is a member of Dunnington’s litigation, arbitration and mediation, international, intellectual property, advertising, art and fashion law, construction and Latin America desk practice areas. Mr. McGrath, a former prosecutor, served as an Assistant District Attorney in the offices of Robert M. Morgenthau, District Attorney of New York County. After serving with Mr. Morgenthau, Mr. McGrath taught as an Adjunct Professor at Fordham Law School and then clerked for the Honorable Nicholas G. Garaufis (USDJ). Before joining Dunnington, Mr. McGrath worked as an associate with the law firms of Cadwalader, Wickersham & Taft LLP and White & Case LLP, and as a partner at Bickel & Brewer LLP.
Mr. McGrath’s practice focuses on complex civil and criminal litigation, alternative dispute resolution and investigations. Examples of Mr. McGrath’s experience include the following:
Case management of numerous complex matters before state and federal trial courts; state and federal appellate courts; and arbitration panels involving, among other complex matters, securities issues, corporate governance, contract disputes, intellectual property claims, and contested matters unique to the hospitality industry. Mr. McGrath’s practice covers defending employers (and advertising agencies in particular) against employment actions and EPLI claims. Elected by defendant advertiser and advertising agencies to argue representative motion to dismiss in complex multi-defendant putative class action naming top agencies in the modeling and advertising industries; successfully argued motion resulting in dismissal of putative class action with prejudice.
Investigation of numerous confidential matters, including the investigation of transactions conducted over fifteen-year period in response to regulatory and criminal inquiries. Conducted informal discovery, including more than one hundred interviews in locations across the globe. Investigations have required mastery of legal and factual issues across multiple disciplines and in numerous jurisdictions. Legal issues implicated in investigations include tax and estate planning, Internal Revenue Code, securities laws and regulations and federal and state criminal law.
Represented and advised subjects, targets and witnesses before Permanent Subcommittee on Investigations of the U.S. Senate; U.S. Securities and Exchange Commission; U.S. Department of Justice; U.S. Internal Revenue Service; and New York County District Attorney’s Office. Liaison and advisor regarding interactions between clients and local city and state agencies. Met with U.S. Senators, Members of the House of Representatives and Congressional Staff on numerous matters.
Lead advocate before state and federal trial courts as well as the New York State Appellate Division, First Department; New York State Court of Appeals; and U.S. Court of Appeals for the Second Circuit.
Negotiated favorable settlements, including a number of favorable multi-million dollar settlements in, among other areas, the hospitality industry.
Mr. McGrath is a member of the Screen Actors Guild; author of the SDNY Local Counsel Blog; and a member of the New York County Lawyer’s Association. He is admitted to practice in New York, the U.S. District Court for the Southern District of New York, the U.S. District Court for the Eastern District of New York, the U.S. District Court for the District of Colorado, the U.S. Court of Appeals for the Second Circuit and the U.S. Court of Appeals for the Ninth Circuit.
Mr. McGrath’s publications include Two Dark Horses Have Emerged In the Coming Competition: Multi-family Apartments and Extended-Stay Lodging, Hotel Business Review, 2009; Mexico Report, 24 Fordham Int’l L.J. 801, 2001; City of New York, One Country Two Systems? – The Rule of Law, Democracy, and the Protection of Fundamental Rights in Post-Handover Hong Kong, 23 Fordham Int’l L.J. 401, 1999; and Vietnam’s Struggle to Balance Sovereignty, Centralization, and Foreign Investment under Doi Moi, 18 Fordham Int’l L.J. 2095, 1995.
Mr. McGrath has served on panels including Current Hospitality Industry Issues, NYU’s 2009 Hospitality Industry Conference, June 2009; Hospitality Industry Update, NYU’s 2008 Hospitality Industry Conference, June 2008; and Hospitality Industry Legal Eagles, NYU’s 2007 Hospitality Industry Conference, June 2007. He is Luncheon Chair for the New York County Lawyers’ Association Edward Weinfeld Award for Distinguished Contributions to the Administration of Justice. Mr. McGrath also chaired the New York County Lawyers’ Association’s publication committees for “The United States District Court for the Southern District of New York: A Retrospective (2000-2010)” and for “The United States District Court for the Eastern District of New York: A Retrospective (1990-2012)”.
Mr. McGrath received his Bachelor of Arts with honors from Trinity College. Mr. McGrath received his Juris Doctorate from Fordham Law School, where the International Law Journal awarded him the MCI-Fordham International Law Fellowship. He later returned to Fordham as an Adjunct Professor and Fellow of Fordham’s International Human Rights Program.
Carolina Pineda Martinez is serving as an international legal consultant to the Firm with a focus on international legal matters in general and the Latin American market in particular. She is co-chair of Dunnington’s Latin America desk.  She was previously working as International Legal Intern at Dunnington and prior to that, she was Legal Manager and International Trade Counsel for Latin America at Procter & Gamble Colombia.
Ms. Pineda holds a law degree from Pontificia Universidad Javeriana in Bogota, Colombia and she graduated Cum Laude from an LLM in Corporate Compliance at Fordham School of Law.
Ms. Pineda is admitted to practice in Colombia and in New York State.
Ms. Pineda is a native of Colombia.
Sixtine Bousquet-Lambert is an associate at Dunnington working in the intellectual property, advertising, art and fashion law, litigation and arbitration, immigration and France desk practice areas. Prior to joining Dunnington she was working as an associate in intellectual property and entertainment law at Crossen & Borowsky in Paris and interned at the New York Supreme Court for Justice Charles E. Ramos.
Ms. Bousquet-Lambert received her Law Degree from the University Pantheon-Assas in Paris and her Master in English and American Business Law from University Pantheon-Sorbonne in Paris. She graduated from a LL.M in Intellectual Property at Fordham School of Law.
Ms. Bousquet-Lambert was an adjunct instructor at the Fordham School of Law in 2015 where she taught a course “French for Lawyers.”
Ms. Bousquet-Lambert is the Membership Chair of the International Law Section of the Federal Bar Association and a Member of the French-American Bar Association.
Ms. Bousquet-Lambert is admitted to practice in Paris, in New York State and the U.S. District Courts for the Southern and Eastern Districts of New York.
Ms. Bousquet-Lambert is a French native.
Ludovico G Rossi joined Dunnington’s litigation and arbitration and Italy desk practices as an international legal intern in September 2020. Prior to joining Dunnington, he was an associate at a boutique law firm specializing in corporate litigation and bankruptcy proceedings in Italy. He also worked as a research assistant at the Grunin Center for Law and Social Entrepreneurship at NYU School of Law in New York.
Mr. Rossi holds a Ph.D. in Legal Studies with a focus on corporate law from the University of Bologna. Previously, he graduated summa cum laude from the same university with an Italian Juris Doctorate. In May 2020, he graduated from NYU School of Law with an LL.M. in Corporation Law.
Mr. Rossi has contributed articles and comments to Italian law reviews and commentaries.
Mr. Rossi is admitted to practice in Italy and is seeking admission to practice in New York State.
Mr. Rossi is an Italian native.

Practice Areas: Business Organizations & Contracts
Online Media Type: Audio
Production Date: 01/21/2021
Level: Intermediate
Category: Standard
Duration: 1 Hours, 15 Minutes
Online Format: On Demand

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Total Credits: 1.25
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Status: Reciprocal Credit Available
Expiration: 01/20/2024
Training Type: Online

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Eden P. Quainton - Dunnington Bartholow & Miller LLP
Luke McGrath - Partner, Dunnington Bartholow & Miller LLP
Carolina Pineda-Martinez, Esq. - Dunnington Bartholow & Miller LLP
Sixtine Bousquet-Lambert, Esq. - Dunnington Bartholow & Miller LLP
Ludovico Rossi, Esq. - Dunnington Bartholow & Miller LLP
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