Benjamin Britz

Benjamin Britz advises clients on all aspects of corporate governance, including government investigations, shareholder class action and derivative litigation, and corporate compliance matters.

Benjamin has represented clients before all manner of domestic and international enforcement agencies, including the Department of Justice, Securities and Exchange Commission, UK Serious Fraud Office and the enforcement offices of the World Bank, Asian Development Bank and African Development Bank, among others. He also regularly represents companies and individual directors and officers in shareholder class-action and derivative litigations.

Benjamin has performed investigations around the globe in matters relating to corruption, fraud, embezzlement, money laundering, and accounting and securities matters, among others.  Benjamin has also successfully represented numerous clients in contested multilateral development bank (MDB) sanctions proceedings, such as where corruption, fraud or other misconduct in MDB-financed projects is suspected, including “show cause” proceedings and litigating before the World Bank Sanctions Board.

Benjamin has particular experience in conducting corporate compliance monitorships and compliance program evaluations, and he has assisted American, European, African and Asian clients in designing, administering and maintaining anti-corruption, integrity compliance, anti-money laundering and corporate governance programs.

Prior to joining Hughes Hubbard, Benjamin clerked on the United States District Court for the Northern District of Ohio for Chief Judge James G. Carr.

Anti-Corruption and Corporate Compliance

• Conducted a multi-year global compliance review on behalf of the corporate compliance monitor appointed by the US Department of Justice, the SEC and the UK Serious Fraud Office for a multinational specialty chemical manufacturer
• Reviewed and monitored anti-corruption compliance and internal controls for independent professional ethics and internal compliance experts appointed for a Europe-based inspection company that successfully sought reinstatement as a United Nations registered vendor
• Current representation of world-leading aerospace and defense company in connection with anti-corruption reviews, risk assessments, and related investigations
• Conducted a worldwide compliance systems review regarding use of third-party sales intermediaries for a Fortune 500 pharmaceutical company
• Current representation of a multinational “supermajor” oil and gas company in connection with a worldwide risk-assessment and compliance audit, in coordination with a compliance monitor
• Current representation of a multinational financial services firm in conducting anti-corruption and anti-money laundering mergers and acquisition (M&A) due diligence
• Representation of numerous multinational companies regarding their anti-corruption and compliance programs, including the drafting and implementation of new programs and policies, and assessments and improvements to current programs
• Day-to-day anti-corruption, corporate governance, political participation and investigative counsel for numerous companies including a world-leading payment processing firm and a US-Europe-based chemical company
• Conducted compliance diligence for Brambles Limited in its joint venture with First Reserve relating to their oil and gas containers solutions businesses
• Current representation of a large Asian global infrastructure contractor in connection with its establishment and implementation of an integrity compliance program
• Successful representation of a New York Stock Exchange-traded company in connection with a Foreign Corrupt Practices Act inquiry related to business in Nigeria and other parts of West Africa, including in connection with an SEC, DOJ and US Senate inquiry
• Current representation of a CAC 40 French multinational oil field services company in connection with a worldwide review of activities and coordination with their compliance monitor
• Representation of a Fortune 500 pharmaceutical company in conducting anti-corruption M&A due diligence
• Representation of a multinational banking and financial services company in connection with establishing compliance program for a newly formed joint venture
• Conducted an anti-corruption internal investigation for an oil field service company with worldwide operations, with investigative focus on Algeria and implementation of an enhanced worldwide compliance program
• Representation of a Fortune 500 company in connection with Foreign Corrupt Practices Act advice regarding business in China, United Arab Emirates (UAE), Kuwait, Qatar, Central Asia, Nigeria and India, among other countries
• Representation of a major US-Europe based oil field services company in various anti-corruption matters related to activities in Vietnam, Malaysia, Indonesia and Angola
• Representation of a US-based multinational engineering and construction company in conducting anti-bribery due diligence in South America
• Representation of global information technology leader Infosys in its acquisition of Simplus, the global leader of Salesforce quote-to-cash

World Bank Group and Other International Financial Institutions

• Successful representation of French consulting companies and individuals in contested proceedings before the World Bank’s Sanctions Board; obtained acquittal on all charges by the Sanctions Board, reversing the decision of the Office of Suspension and Debarment and terminating suspension and proceedings
• Successful representation of French consulting companies in World Bank “Show Cause” proceeding. Enforcement action was terminated
• Successful representation of a Norwegian consulting engineering company in a contested proceeding before the World Bank Sanctions Board relating to alleged corrupt conduct in East Africa; secured immediate termination of suspension and proceedings
• Successful representation of a major Chinese state-owned enterprise in a contested proceeding before the World Bank’s Sanctions Board relating to alleged fraudulent and corrupt conduct in West Africa; secured the immediate termination of suspension and proceedings
• Successful representation of a major European manufacturing company in a World Bank sanctions matter; obtained release from debarment by meeting conditions of negotiated resolution agreement
• Ongoing representation of numerous European and Asian clients in connection with multilateral development bank (MDB) integrity compliance inquiries, audits and negotiated resolutions

Securities Investigations and Enforcement

• Successful representation of a major South Asian information technology company in SEC enforcement action related to financial misstatements and auditor independence issues
• Current representation of numerous corporate directors and officers in various formal and informal SEC investigations related to suspected financial misconduct, executive compensation, financial disclosures and related corporate governance issues
• Successful representation of world-leading commercial printing company in an internal investigation for an audit committee related to allegations of financial misconduct
• Successful representation of an NYSE-traded company in an SEC insider trading investigation

Securities Class/Derivative and General Litigation Matters

• Successful representation of Chief Operating Officer of CBS Corporation in high-profile dispute and resulting litigation regarding defensive measures to proposed merger.  Resulted in favorable settlement with merger proposal abandoned and elevation of client to interim CEO.  See In re CBS Corporation Litigation, Consol. C.A. No. 2018-0342-AGB
• Successful representation of former directors of major staffing industry company in shareholder class action and derivative litigations stemming from financial collapse of the company, including dismissal with prejudice of securities complaint as to all clients
• Current representation of ProPetro Holding Corp. in federal securities class action pending in the Western District of Texas
• Successful representation of Nevada Gold & Casinos, Inc. in federal and state proxy disclosure litigations
• Successful representation of Trustee of Lehman Brothers Inc. in various unwind litigations relating to the liquidation and bankruptcy of the entity
• Successful representation of Greenbriar Equity Group in a shareholder lawsuit related to alleged breaches of fiduciary duty stemming from proposed acquisition
• Successful representation of Alstom SA in a federal securities class action relating to NYSE-issued American depositary receipts, and ordinary securities stemming from alleged financial misstatements and omissions