Benjamin Britz advises clients on sensitive matters 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.

Benjamin’s pro bono practice focuses on matters of press freedom and government transparency.

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.

Recognitions

Honored for International Pro Bono Excellence by the Vance Center for International Justice for work on behalf of Proética -- the Peruvian chapter of Transparency International -- in connection with a project on crimes against humanity
2019 Capital Pro Bono High Honor Roll, sponsored by the District of Columbia Court of Appeals and the Superior Court of the District of Columbia
2015 and 2018 Capital Pro Bono Honor Roll, sponsored by the District of Columbia Court of Appeals and the Superior Court of the District of Columbia

Professional Activities

Member, International Association of Independent Corporate Monitors

Highlighted Publications

Co-author, with Michael A. DeBernardis and Debbie Placid, “FCPA Enforcement Under the Biden Administration: Three Areas to Watch,” Global Trade Magazine (March 30, 2021)
Co-author, with Rayhan Asat, "5 Steps For Keeping Supply Chains Free of Uighur Slavery," Law360 (April 29, 2020)
Co-author, with Michael A. DeBernardis, “DOJ’s Pilot Program: Carrot and Stick or Bluff and Bluster?” Corporate Compliance Insights (May 12, 2016)
Co-author, with N. Tien Pham, “Practice note: Audit rights power up a compliance program,” The FCPA (Foreign Corrupt Practices Act) Blog (Dec. 22, 2015)
“What is an ‘Instrumentality’ Under the U.S. FCPA? – The Esquenazi Decision Offers Few Practical Answers,” Wipro Legal Bytes (August 2014)
Editorial Board for Hughes Hubbard’s FCPA/Anti-Bribery Alerts (2010 and updated annually thereafter)
Prepares semi-annual updates to “Corporate Governance: Avoiding and Responding to Misconduct,” Law Journal-Seminars Press (July 2007)

Highlighted Lectures

"FCPA Compliance Report – Update on Varsity Blues," Episode 453, Podcast, November 18, 2019
"Whistleblowers: Trends & Key Considerations for Internal Programs," C5's 5th Annual Conference on Anti-Corruption Nordics, Oslo, Norway, January 30 – 31, 2019
"Trends in International Anti-Corruption Enforcement," BAU International University, Washington, DC, December 11, 2018
"FCPA's New Corporate Enforcement Policy: Implications to the Year Ahead," webinar, The Knowledge Group LLC, June 2018
“Implementation of Integrity Compliance Programs of Multinational Corporations (MNCs) and Small and Medium Enterprises (SMEs): Monitor's Perspective,” Integrity Compliance Programs Workshop – Lessons Learned, Hosted by CEO, African Development Bank (AfDB) and World Bank Group (WBG), South Africa, November 20, 2017
"DOJ's New Guidance on Evaluating Corporate Compliance Programs: What It Says, and What It Means, and How (and When) Can You Use It," webinar, The Knowledge Group LLC, May 2017
“Third Party Due Diligence: A Three-Way Affair,” Seventh Annual Business Ethics Anti-Corruption Compliance & Fraud Prevention Strategies in CEE, SEE & CIS Conference, Prague, Czech Republic, March 17 – 18, 2016
“Third Party Relationships: Risk Management and Contract Compliance,” webinar, The Knowledge Group LLC, April 2013

Highlighted Matters

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 former 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 and derivative litigations 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

Virtual Shareholder Meetings: What to Know in the Era of COVID-19

Client Advisories

SEC’s Recent Whistleblower Award Sends Strong Message to Companies – Do Not Ignore Reports of Compliance Violations

Client Advisories

How is this Guidance Different from All Other Guidance? ― DOJ Asks Three Questions of Corporate Compliance Programs

Client Advisories

All Aboard! CFTC Jumps on the Anti-Corruption Enforcement Train

Client Advisories

Supreme Court Rules SEC ALJ Appointments Unconstitutional But Leaves Important Questions Unanswered

Client Advisories

Fraud Section Launches Pilot Program for Voluntary Disclosure of FCPA Violations: Carrot and Stick or Bluff and Bluster?

Client Advisories