Willkie Partners Author Landmark FCPA Treatise

Willkie partners Martin Weinstein, Robert Meyer and Jeffrey Clark have published a newly updated landmark FCPA treatise, The Foreign Corrupt Practices Act: Compliance, Investigations and Enforcement. The digital publication was published by Wolters Kluwer Legal & Regulatory US, and is available on the VitalLaw and VitalLaw for Corporate Counsel platforms.

The resource is a comprehensive guide that addresses all aspects of the Foreign Corrupt Practices Act (FCPA) and offers practical guidance to navigate day‐to‐day FCPA‐related issues, providing legal professionals with thorough, easy‐to‐understand content on these topics in one place. The title has approximately 30 appendices, including practical forms such as sample policies and due diligence checklists, sample contractual FCPA safeguards, compliance certifications, and more.

“The Foreign Corrupt Practices Act is a business practices statute and compliance is critical for global corporations, boards, and management teams who regularly face existential legal and reputational risks from corruption threats and obstacles,” said Martin Weinstein, Chair of Willkie Farr & Gallagher’s Compliance, Investigations & Enforcement Practice and co-author of the resource. “We are thrilled to partner with Wolters Kluwer to provide an updated, comprehensive guide to all things FCPA to help legal practitioners and in‐house counsel navigate the challenges of doing business successfully and legally around the world.”

Topics covered across this resource include:

  • The FCPA’s antibribery provisions and accounting provisions;
  • The type of conduct for which corporations and individual officers and directors can be held civilly and criminally liable;
  • How to implement a compliance program and risk mitigation measures;
  • What to do when an FCPA issue arises, and more.

To learn more, click here.

Willkie Continues Houston Growth With Addition of Andrew Thomison and Brad Honeycutt as Partners

New York, NY, July 8, 2022 --- Willkie Farr & Gallagher LLP today announced that debt finance lawyer Andrew Thomison and energy M&A lawyer Brad Honeycutt have joined the Firm as partners in the Corporate & Financial Services Department. Both are based in Houston. Their arrivals follow that of private equity partner Kris Agarwal, who joined Willkie’s Houston office in May.

Willkie Chairman Thomas Cerabino commented: “Houston remains an important growth area for the Firm, as we continue to strategically build out our private equity and energy businesses. Andrew and Brad are important components in further strengthening our presence in this market, and their broad range of experience and relationships across the corporate, M&A and private equity landscapes make them a great fit for our platform.”

Archie Fallon, a Managing Partner of the Houston office, commented: “Andrew and Brad are immersed in the finance and energy sectors, having acted for a range of lenders, investors and sponsors, as well as energy companies financing growth transactions. We are thrilled to welcome them to our team.”

Andrew represents borrowers, financial institutions, capital companies, agent banks, private equity funds and other institutional investors in connection with acquisition financings, senior and subordinated debt, working capital credit facilities, bridge loans, asset-based financings, secured and unsecured term lending, high-yield debt offerings, private placements of securities, reserve-based lending and other forms of debt financing.

Brad advises energy companies, private equity investors and other public and private companies in connection with corporate and transactional matters, including mergers, acquisitions, divestitures, private financing transactions, joint ventures, corporate reorganizations and general corporate matters. Earlier in his career, he served as the Senior Vice President and General Counsel of a large oil and gas private equity portfolio company, where he was a founding member of the management team and responsible for sourcing, structuring and executing strategic transactions in addition to serving as the lead in-house legal counsel.

Both Andrew and Brad join from Baker Botts, where they were partners.

Andrew commented: “I’ve worked across from Willkie over the years and have long admired the Firm for its exceptional reputation as having a premier, global corporate platform. Brad and I are excited to work with the team to further expand Willkie’s Houston office.”

Brad added: “Willkie’s Houston team is consistently involved in high caliber private equity and energy investment transactions across the energy value chain, including oil and gas, renewables and energy transition. I look forward to working alongside Andrew and my new colleagues at Willkie to expand the Houston office’s private equity and energy sector client base.”

Opened in 2014, Willkie’s Houston office extends the Firm’s prominent private equity, M&A and restructuring practices to sponsors in the region that focus on investments in the energy, industrial, manufacturing and financial services sectors. Lawyers in the Houston office leverage the integrated capabilities of the Firm to provide representation across a broad range of sophisticated matters. Willkie also supports a range of charitable organizations and pro bono efforts and is committed to the Houston community.

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Willkie Farr & Gallagher LLP is an international law firm of approximately 1,000 attorneys with offices in Brussels, Chicago, Frankfurt, Houston, London, Los Angeles, Milan, New York, Palo Alto, Paris, Rome, San Francisco and Washington. The Firm is headquartered in New York City at 787 Seventh Avenue.

Willkie Adds SEC Enforcement Leaders Kristina Littman and Adam Aderton as Partners

New York, NY, July 5, 2022 --- Willkie Farr & Gallagher LLP today announced that Kristina Littman and Adam Aderton will join the Firm as partners in the Litigation Department, where they will be members of the Securities Litigation & Enforcement Practice Group. They will be based in Willkie’s Washington, DC office.

Kristy and Adam have over 25 years of combined experience at the U.S. Securities and Exchange Commission (SEC), and each most recently held a leadership position in the Division of Enforcement. Kristy served as Chief of the Crypto Assets and Cyber Unit, where she led a group of attorneys and specialists across the nation responsible for investigating and litigating violations of the federal securities laws relating to digital assets, cybersecurity, and cyber-related trading violations. Adam served as Co-Chief of the Asset Management Unit, where he led Enforcement’s engagement with the asset management industry and directed investigative teams across the country responsible for investigating and litigating actions involving private funds, registered funds, and separately managed accounts. Together, Kristy and Adam have extensive and complementary experience addressing the most important issues on the SEC’s agenda.

“Kristy and Adam are respected SEC leaders whose deep knowledge of the SEC’s enforcement practices and priorities will strengthen our ability to advise clients in the most critical and evolving sectors, including cryptocurrency, cybersecurity, and asset management,” said David Mortlock, Managing Partner of Willkie’s Washington, DC office. “Their additions enhance our ability to provide unparalleled regulatory advice and litigation counsel.”

Elizabeth Gray, Co-Chair of Willkie’s Securities Enforcement Practice Group, who previously spent 12 years at the SEC, commented: “We’re thrilled to welcome Kristy and Adam to Willkie. Their government experience will be invaluable to deepening our talented bench of white collar defense and securities enforcement and litigation practitioners. Their particular experience aligns with our strengths in asset management, digital currency and elsewhere, which will be critical in helping our clients navigate the current environment of increased regulatory scrutiny.”

Kristy served as the Chief of the Crypto Assets and Cyber Unit since 2019. She joined the SEC in 2010 and has held various senior attorney and leadership roles, including serving as Senior Advisor to then SEC Chairman Jay Clayton on enforcement matters and regulatory and policy matters pertaining to digital assets, cybersecurity, and Trading and Markets. During her more than ten years at the SEC, she has led a number of significant enforcement investigations and litigations. As Chief of the Crypto Assets and Cyber Unit, Kristy spearheaded the institution of novel actions relating to crypto exchanges, crypto lending platforms, multi-billion-dollar token issuances, crypto trading funds, touting, and unregistered broker-dealers. Kristy also led charges against issuers, investment advisers and broker-dealers for cybersecurity disclosure and safeguards violations. In the Trial Unit and Market Abuse Unit Kristy led investigations relating to fraudulent compensation schemes at broker-dealers, policy and procedures failures at investment advisers, and multiple litigated insider trading actions. Prior to joining the SEC, Kristy spent time in private practice at an international law firm.

Adam joined the SEC in 2008 and the Asset Management Unit at its inception in 2010. He served as Co-Chief of the Asset Management unit since 2019 and was a member of Enforcement’s Climate and ESG Task Force. As Co-Chief, Adam led investigations resulting in many of the most significant SEC asset management enforcement actions in recent years, including actions involving undisclosed conflicts of interest at one of the world’s largest hedge funds, allegations of a billion-dollar fraudulent fund valuation scheme, and the SEC’s first action in more than a decade charging an investment adviser with misleading disclosures regarding ESG investing. Adam also led Enforcement’s coordination with the Division of Examinations and represented Enforcement on significant rulemakings involving the asset management industry, including Regulation Best Interest, the Proposed Private Fund Adviser Rule, and the Proposed ESG Disclosure Rule for Investment Advisers and Investment Companies. Before joining the SEC, Adam was in private practice at an international law firm.

Kristy commented: “Willkie is widely known for its deep bench of talent in the enforcement and regulatory areas, including accomplished litigators, providing an ideal platform for the next stage of my practice. I look forward to working closely with my new colleagues in the Securities Enforcement practice, as well as those in the Willkie Digital Works team, who are advising on the most cutting edge matters impacting digital assets.”

Adam said: “I was drawn to Willkie’s unique combination of an outstanding Asset Management practice and a top-notch Enforcement practice and to its collaborative culture. I am excited to use my experience to advise Willkie’s premier clients across asset management, private equity and registered funds in responding to the intense focus of the SEC and other regulators.”

Willkie’s highly experienced practitioners include many former senior government officials, including several who previously served in leadership roles at the SEC as well as at the U.S. Department of Justice, the U.S. Department of Treasury, the U.S. Department of State, the White House National Security Council, the Commodity Futures Trading Commission and more. In addition to Elizabeth Gray, Willkie lawyers who previously served in the SEC include Robert Stebbins, Amelia Cottrell, William Stellmach, James Burns, James Anderson and Barry Barbash.

Willkie’s Litigation Department includes approximately 250 lawyers worldwide who represent major U.S. and non-U.S. financial services companies, accounting firms, insurance and reinsurance companies and brokers, media companies, and individuals in complex commercial and class-action litigation. The Department has extensive experience conducting internal corporate investigations and internal corporate matters. In addition, the team regularly represents companies and individuals in investigative and enforcement proceedings brought by federal and state regulatory agencies.

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Willkie Farr & Gallagher LLP is an international law firm of approximately 1,000 attorneys with offices in Brussels, Chicago, Frankfurt, Houston, London, Los Angeles, Milan, New York, Palo Alto, Paris, Rome, San Francisco and Washington. The Firm is headquartered in New York City at 787 Seventh Avenue.