Palmina M. Fava Partner, Litigation Department palminafava@paulhastings.com Palmina M. Fava is a partner in the Litigation practice of Paul Hastings and is based in the firm s New York office. Ms. Fava conducts internal investigations, drafts and implements global compliance programs, and represents corporations and individuals in civil litigation and government investigations. Ethisphere Institute recognized Ms. Fava as a Specialist in its 2015 and 2014 Attorneys Who Matter List and as a Rising Star in FCPA, compliance, and ethics in its 2013 and 2012 Attorneys Who Matter List, a selection which considers expertise, peer and client endorsements, participation in high-profile cases, and overall success. She also has been recognized by Main Justice, Super Lawyers, and New York Times Magazine, was profiled by Law360 as a Female Power Broker, and received the 2014 Burton Distinguished Legal Writing Award. Ms. Fava conducts internal investigations with respect to the Foreign Corrupt Practices Act (FCPA), international anti-corruption and anti-bribery restrictions, fraud, kickbacks, accounting irregularities, off-label pharmaceutical marketing, and misappropriation of trade secrets. She regularly represents companies in such matters before the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), other federal and state agencies, and international regulatory bodies. Ms. Fava has led teams in internal investigations in Latin America, throughout Western and Eastern Europe, Asia, Africa, and the Middle East. Ms. Fava also designs and implements comprehensive corporate compliance programs tailored to a client s particular risks; provides employee and third-party training; conducts proactive reviews of a client s high-risk areas; structures commercial arrangements to protect against compliance risks; and handles due diligence of agents, joint venture partners, and targets in mergers and acquisitions, or other investment transactions. Ms. Fava s litigation practice focuses on commercial, business tort, and intellectual property disputes. She has served as lead litigation and trial counsel in matters involving breaches of fiduciary duty, breaches of contract, fraud, New York T: 1(212) 318-6919 F: 1(212) 230-7754 Palo Alto T: 1(650) 320-1870 Practice Areas Investigations and White Collar Defense Life Sciences and Healthcare Securities Enforcement Litigation Anti-corruption and FCPA Privacy and Cybersecurity Technology Admissions New York Bar Languages French Italian Portuguese Spanish Education Fordham University School of Law, J.D., 1997 Georgetown University, B.A.,
negligence, misappropriation of trade secrets, and insurance coverage. She has successfully tried and defended cases in federal and state courts, and before arbitration panels, and successfully represented clients in appellate arguments, mediations, and negotiations. 1994 Admitted in New York only. Not admitted in California. Recent Representations Representing a commodity industry leader in investigations of fraud in India and Israel; assisting the entity in related litigation Representing a pharmaceutical company in investigations of potential corruption in Brazil, Egypt, and Portugal Representing a technology company in investigations of potential corruption in China, Argentina, Columbia, and Italy Representing companies based in Korea in developing and implementing global compliance programs Representing an energy company in Brazil in a risk assessment of its business practices and in developing a comprehensive anti-corruption compliance program Representing several large financial institutions and private equity funds in transactional due diligence for deals in the Middle East, Asia, and Latin America Representing companies based in Korea in trade secret litigation; conducting trade secret compliance training for personnel based in Korea Represented a technology company in investigations in Africa (South Africa, Nigeria, and Kenya), Asia (India, China, and Taiwan), and Russia; recommended and implemented enhancements to the compliance program Represented pharmaceutical companies in risk assessments of their sales and marketing activities in China, Korea, and Thailand Represented a company based in Mexico in an SEC investigation Represented an energy fund in pre-acquisition anti-corruption due diligence of a large entity in Brazil Represented a technology company in internal investigations in Europe (Poland, Czech Republic, Slovak Republic, and Germany) related to potential violations of the FCPA; handled the voluntary disclosures of the matters to the DOJ and the SEC; obtained a complete declination from the DOJ and the SEC related to all of the matters (no fines or penalties) Represented a pharmaceutical company in an internal risk assessment and analysis of its global anti-corruption compliance program and related processes and protocols; recommended, and assisted in implementing, enhancements to the anti-corruption compliance program; analyzed implementation in India,
Russia, Turkey, Brazil, China, and the U.K. Represented U.S. and Hong Kong-based companies in litigation in the U.S. related to their commercial activities in Hong Kong Represented a technology company in an internal investigation and in external disputes with business partners related to transactions in the Middle East Represented a technology company in drafting and implementing a robust global compliance program, including training and due diligence of third parties Represented a pharmaceutical company in an off-label marketing investigation by the government, including representing and negotiating a settlement agreement of senior sales representatives and managers of the company Accolades and Recognitions Recognized as a Specialist by Ethisphere Institute in its 2015 and 2014 Attorneys Who Matter Lists Recognized as a Rising Star in the fields of FCPA, compliance, and ethics by Ethisphere Institute in its 2013 and 2012 Attorneys Who Matter Lists Recognized by Main Justice, Super Lawyers, and New York Times Magazine Top Women Lawyers in New York Recipient of the 2014 Burton Distinguished Legal Writing Award Recipient of the Woman of the Year Award from the Kidney & Urology Foundation of America Recipient of Fordham Law School s Joseph D. Crowley Award, Pro Bono Service Award and Moot Court Distinguished Alumnae Award Recipient of the Italian Government s Distinguished Service Award Speaking Engagements and Publications Ms. Fava lectures and publishes regularly and is often quoted in articles on anticorruption issues published by the Wall Street Journal, Reuters, CNBC, Bloomberg, Law360, FCPA Report, and Main Justice, among other leading publications. Among Ms. Fava s most recent speaking engagements and publications are: Speaker at 11th Annual Corporate Counsel Hedge Fund GC and CO Summit on Gifts, Third-Party Payments, and Anti-Corruption, October 4, 2017 Speaker at New York City Bar Association on Global Anti-Corruption Issues Affecting Wall Street and the Financial Services Industry, October 3, 2017 Speaker at Strafford Webinar on FCPA in M&A Transactions: Investigations, Post-Acquisition Diligence and Integration, October 3, 2017 Contributor to The FCPA Report article entitled A Rare Jury Conviction for a Bribe-Taker Proves the Worth of FBI Foreign Corruption Units, April 26, 2017
By-lined article for the FCPA Report entitled DOJ s Guidance Shows That Compliance Programs Still Matter, March 2017 Speaker at Strafford FCPA Seminar on Third Party Due Diligence Post- Unaoil, New York City, February 1, 2017 By-lined article for the FCPA Report entitled Employee Discipline and Internal Investigations After the Yates Memo, November 2016 Speaker at Oracle Corporation s Compliance Summit on Global Compliance and Enforcement Trends, Redwood Shores, California, September 24-25, 2016 Speaker at the Global Investigations Review Conference on Targeting the Gatekeepers : Emerging Challenges for Financial Industry Legal and Compliance Professionals, New York, September 15, 2016 Co-author of chapter entitled Privilege and Choice of Law for the American Bar Association treatise on international litigation, August 2016 By-lined article for Ethisphere entitled Update: UK Bribery Act Avoiding Liability Under Section 7, March 2016 Contributor to The FCPA Report article entitled From Discounts to Slush Funds: Red Flags to Heed and Eight Steps to Take to Avoid SAP s $3.9 Million Mistakes, February 2016 Global Compliance Issues Involving Third Parties, PLI Conference, New York, New York, June 1, 2015 Speaker at American Conference Institute s 5th Annual Forum on Sunshine Act Compliance & Aggregate Spend Reporting, October 2013 Speaker at Momentum s Conference on FCPA Enforcement, Washington, DC, June 2013 By-lined article for Law360 about privilege-related concerns in internal investigations, March 2013 By-lined article in Agenda, a Financial Times publication, on how boards can prevent becoming overburdened with new regulations, March 2013 By-lined article for Ethisphere entitled, Guidance on the U.S. Foreign Corrupt Practices Act from the Department of Justice and the Securities & Exchange Commission: The Key, as with the U.K. Bribery Act and the OECD Anti-Bribery Convention, Is a Robust Compliance Program, January 2013 Professional and Community Involvement Admitted to practice in New York only. Not admitted in California. Admitted to the bar of the United States Supreme Court, the Federal Circuit Court of Appeals, and the U.S. District Courts for the Southern District of New York, the Eastern District of New York, and the District of New Jersey
Vice President and member of the Board of Trustees of the Kidney & Urology Foundation of America Ladies Auxiliary, Veterans of Foreign Wars, American Legion Post Education Fordham University School of Law, J.D., 1997 (with honors) Georgetown University, B.A., 1994 (cum laude) Universita di Bologna (Italy), 1993 (Intensive course of study in International Diplomacy) Foreign Language Capabilities Italian (Fluent) Portuguese & Spanish (Proficient: Reading) French (Working Knowledge) News January 03, 2017 KCC Corporation Adopts Global Standard Compliance Program June 05, 2013 Paul Hastings Extensive Practice Strength Highlighted in The Legal 500 United States 2013 May 25, 2010 Paul Hastings Strengthens Litigation Practice in New York with Addition of Top Litigator Insights February 27, 2017 Compliance Programs Still Matter September 23, 2016 FCPA Enforcement: Tech Companies and the Pilot Program May 16, 2014 What are the most significant issues for global companies in managing their
exposure to U.S. regulatory risk and ensuring compliance with the Foreign Corrupt Practices Act? March 04, 2014 Female Powerbrokers Q&A: Paul Hastings' Palmina Fava May 29, 2013 FCPA Declinations - How to Maximize Your Chance to Get a Pass When a Corruption Problem Occurs March 20, 2013 How Broad Is the FCPAs Reach Over the Acts of Foreign Nationals? March 08, 2013 Line in the Sand: What Actions Bring Foreign Nationals Within Reach of an FCPA Action February 07, 2013 Quarterly FCPA Report: Fourth Quarter 2012 January 25, 2013 2013 Guidance on PRC Anti-Bribery Law Focuses on Bribe Givers November 21, 2012 Quarterly FCPA Report: Third Quarter 2012 November 20, 2012 Guidance on the U.S. Foreign Corrupt Practices Act from the Department of Justice and the Securities & Exchange Commission: The Key, as with the U.K. Bribery Act and the OECD Anti-Bribery Convention, Is a Robust Compliance Program
August 27, 2012 Lessons Learned from Pfizers Settlement of FCPA Claims February 10, 2012 UK Case Mabey & Johnson Ltd. Continues to Set Anti-Corruption Enforcement Precedent April 29, 2011 The U.S. Government's Recent Efforts to Ban Pharmaceutical Executives from the Industry Without Due Process April 27, 2011 Extraterritorial Effect of the Anti-Corruption Law of the Peoples Republic of China March 30, 2011 UK Bribery Act Guidance Part 1: Guidance Overview February 24, 2011 FCPA and UK Bribery Act Risks Facing Financial Institutions December 20, 2010 Comments on the Whistleblower Program of the Dodd-Frank Act October 28, 2010 A Comparison of the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act October 06, 2010 China Matters: Technology Companies Operating in Asia Remain a Focus for FCPA Enforcement