Bethany Hengsbach is a partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Los Angeles office.
Areas of Practice
Ms. Hengsbach specializes in government investigations and compliance, with an emphasis on the Foreign Corrupt Practices Act ( FCPA ). Ms Hengsbach represents businesses and individuals in enforcement actions brought by the U.S. Department of Justice and the Securities and Exchange Commission. She has also conducted numerous internal investigations and compliance inquiries for several U.S. and foreign corporations, and designs and implements compliance programs including policies and procedures, training, and internal controls.
•Main Justice Best FCPA Lawyers, 2013
•One of only 25 attorneys nationwide selected for the 2008-2009 American Bar Association Leadership Academy. Ms. Hengsbach was nominated for selection into the Academy by Senior Corporate Counsel for Northrop Grumman.
•Ms. Hengsbach has designed global anti-corruption compliance programs for several large multinationals in the technology, consumer brands, military products, and engineering services industries, including policy drafting, training, due diligence, and monitoring.
•Ms. Hengsbach has represented several domestic and foreign multinationals in Foreign Corrupt Practices Act (FCPA) investigations, both internal and those involving the U.S. Securities and Exchange Commission (SEC) and the Department of Justice (DOJ).
•Ms. Hengsbach has provided FCPA advice and counsel to several domestic and foreign entities, including advice re promotional activities, travel and hospitality, and facilitation payments.
•Ms. Hengsbach was one of the senior associates on a team representing Northrop Grumman in a $500 million software misappropriation case. Ms. Hengsbach was responsible for oral argument before the magistrate and the trial judge, arguing over fifty motions in the case. She took over thirty depositions, including that of the opponent's CEO, as well as several of its expert witnesses. The case settled on favorable terms on the eve of trial.
•Ms. Hengsbach acted as the second chair trial attorney in a multi-million dollar breach of contract dispute for Northrop Grumman. Among other significant responsibilities for trial preparation, Ms. Hengsbach drafted and argued eleven motions in limine on behalf of her client. The trial judge granted all eleven motions, resulting in a favorable settlement on the eve of trial.
•Ms. Hengsbach represented an importer in a patent infringement dispute before the International Trade Commission, successfully negotiating a licensing agreement to settle the case on favorable terms.
•Ms. Hengsbach acted as the first chair trial attorney in a construction dispute wherein plaintiff sought damages in excess of one million dollars. After opening statement and cross examination of the plaintiff's key witness, plaintiff accepted defendant's pre-trial settlement offer, resolving the case on favorable terms.
Publications & News
• The FCPA Challenges of Doing Business in Cuba, Corporate Counsel, June 24, 2015
• DOJ's FCPA Enforcement Power Gets a Big Boost, U.S. News - Best Lawyers, December 17, 2014
• A Year in FCPA, The Recorder, January 11, 2012
• Prosecutorial Misconduct Stymies Justice Department in FCPA Trials, Daily Journal, January 9, 2012
• FCPA: 2011 kicks off new era of anti-bribery enforcement, Daily Journal, December 22, 2011
• Aggressive FCPA Enforcement Persists, The National Law Journal, November 21, 2011
• FCPA: A Mid-Year Update, Corporate Board Member, June 2011
• A Closer Look at the 2010 UK Bribery Act, Part 2, Los Angeles Daily Journal, May 31, 2011
• A Closer Look at the 2010 UK Bribery Act, Part 1, Los Angeles Daily Journal, May 27, 2011
• The Ministry of Justice Issues Long-Awaited Guidance on the UK Bribery Act, Sheppard Mullin Client Alert, April 1, 2011
• Anti-Corruption Update: Change on the Horizon, Daily Journal, March 3, 2011
• Tracking Changes in FCPA, The Recorder, March 1, 2011
• U.K.'s Sweeping Anti-Corruption Legislation Increases Risk For Businesses, Financial Executive, July/August 2010
• Emerging FCPA Enforcement Strategy, Law360, February 16, 2010
• Arrests Signal New Era in Enforcement, Daily Journal, February 4, 2010
•Co-author, The Foreign Corrupt Practices Act, published by Sheppard, Mullin, Richter & Hampton LLP, 2009
• Foreign Corrupt Practices Act Compliance: Issues for Public and Private Companies, Government Contracts Compliance: Leading Lawyers on Cooperating with Government Investigations, Navigating Reporting Rules, and Implementing Compliance Programs, Aspatore, 2011 Edition
Government Contracts, Investigations & International Trade Blog Posts
• DOJ's FCPA Enforcement Power Gets A Big Boost, July 29, 2014
• The Ministry of Justice Issues Long-Awaited Guidance On The U.K. Bribery Act, April 18, 2011
• 2010 FCPA Year In Review, February 22, 2011
• Whistleblower Provision Likely to Increase FCPA Risk, July 28, 2010
• A New Approach To FCPA Enforcement - Can The FCA Be Far Behind?, March 19, 2010
• You Just Can't Bribe People Like You Use To... (Or, More Seriously, DOJ Investigation Signals A New Era in FCPA Enforcement), February 17, 2010
• The Foreign Corrupt Practices Act: What Our Clients Need to Know and Why They Need to Know It, November 17, 2008
•Companies Exposed to Unique FCPA Risks in Cuba and Iran as Sanctions Ease
Global Investigations Review, March 21, 2016
•Attorneys React To SEC's FCPA Action Against Goodyear
Law360, February 24, 2015
•Sony Emails Show China Ties
The Wall Street Journal, January 11, 2015
•PetroTiger CEO Going to Trial for FCPA Charges
The Wall Street Journal, May 12, 2014
•China Bribery Scandal Could Provide Fodder For U.S. Foreign Corrupt Practices Act Investigations
PharmAsia, August 28, 2013
•Inquiry Into China Film Trade Unnerves Hollywood
The New York Times, February 17, 2013
•Government's new FCPA guidelines leave prosecutors plenty of flexibility, defense lawyers say
Daily Journal, November 27, 2012
•Is SEC a bull in pic biz's China shop?
Daily Variety, August 3, 2012
•White-collar Lawyers Await New FCPA Guidance
Daily Journal, March 2, 2012
•Foreign Bribery Defendants May Fight More as Cases Falter
Bloomberg, January 12, 2012
•Feds Think Small In Bribery Trial
Los Angeles Business Journal, April 4, 2011
•Interview with Bethany Hengsbach
Corporate Crime Reporter, March 28, 2011
•2010: Five Big Bangs - A Look at Five Explosive Issues in Corporate Governance and What Directors Should Watch for in 2011
Corporate Board Member, January 2011
•Playing to Play Gets Costly
San Francisco Business Times, September 23, 2010
Government Executive, April 1, 2010
•Panelist, How to Create Robust, Culturally-Sensitive and Practical Guidelines for Gifts, Entertainment and Hospitality in High Risk Markets: A Guide to What You Can Do, American Conference Institute, Washington, D.C., November 15-16, 2012
•Panelist, Breaking into China Without Going Broke: Film Finance, Distribution and Co-Production in the People's Republic of China, Beverly Hills Bar Association, July 18, 2012
• Evaluating Recent FCPA and Anti-Corruption Enforcement Actions to Identify Red Flags and Target Potential Risks, San Francisco, CA, September 15, 2011
• Preventing and Managing a Corruption Crisis, Shanghai, China, April 13, 2010
• FCPA Compliance in China, April 16, 2010, Main Justice. Access the podcast here at http://www.mainjustice.com/2010/04/16/podcast-bethany-hengsbach-discusses-the-fcpa-and-china/
• The Institute of Medicine's Report on Medical Errors: The Report, The Reaction, and What It All Means to You, Kentucky Society of Healthcare and Risk Management, Louisville, KY, April 2000
•Cuba Libre: Deciphering the New State of Affairs
via WebEx, March 21, 2016
•Emerging Markets and Emerging Challenges
March 9, 2016
•The 2010 UK Bribery Act (FCPA On Steroids) V. The Reinvigorated FCPA -- Who Has the Bigger Stick!
Franklin Club, 1300 I Street, NW, Washington, DC, September 16, 2010
•Sheppard Mullin & Control Risks FCPA Workshop
Preventing Corruption: Good Business Practices = Good Business
May 12, 2010