Eric Carlson

Eric Carlson practices in the firm's anti-bribery, international, and white collar groups. He advises clients operating in Asia on a range of anti-corruption laws, including the Foreign Corrupt Practices Act. He has deep experience counseling clients on proposed transactions, helping companies to update and strengthen their internal anti-corruption compliance programs and controls and tailoring them to the unique features of Asian markets, developing and presenting training in Chinese and English, leading numerous internal anti-corruption/FCPA investigations in China and around the world, and representing clients before enforcement authorities.

He counsels clients on US export controls and economic sanctions applied by the US Departments of Commerce, State, and Treasury, and related Chinese trade control regulations, including conducting internal investigations into potential violations of these laws. He also advises clients on trade policy issues and national security reviews of foreign investments.

Mr. Carlson speaks Mandarin and Cantonese and is a regular presenter at anti-corruption and export control conferences.

Representative Matters

· Conducting multiple internal investigations in connection with potential violations of the Foreign Corrupt Practices Act, including investigations (in Chinese and English) into Chinese subsidiaries of US corporations.

· Drafting and presenting tailored anti-corruption compliance procedures and training materials in Chinese and English.

· Assisting a major US company with an FCPA due diligence review related to an acquisition of a Chinese state-owned company.

· Assisting a major US conglomerate in a review of implementation of corporate anti-corruption policies in its China subsidiaries and recommending improvements and refinements.

· Representing US companies in securing export licenses, developing export control compliance programs, and conducting internal investigations into potential violations of export control laws (EAR and ITAR).

· Assisting a multinational technology company in navigating PRC export control and encryption regulations.

· Advising multinational companies on application of federal, state, and UN sanctions.

· Analyzing new PRC legislation on pharmaceuticals and food for multinational clients.

· Performing regulatory due diligence for a multinational life science corporation related to the purchase of a Chinese company.

· Selected China-Related Anti-Corruption/FCPA Representations

Honors and Rankings

· Chambers Global, China, International Trade

· Chambers Asia-Pacific, China, International Trade

Pro Bono

· Assisting The Nature Conservancy with various regulatory compliance issues.

· Representing a humanitarian organization with various registration and regulatory issues.

Publications and Speeches

· "Making Compliance Matter," Mr. Carlson was quoted in China Business Law Journal (October 2011).

· "New Database a 'Potential Tool' for Companies Carrying Out Due Diligence," Mr. Carlson was quoted in Butterworths Law Leader (March 13, 2012).

Publications

· "Former CCI Executives Plead Guilty to Authorizing Corrupt Payments," Covington E-Alert (April 2012), Co-Author

· "Former Morgan Stanley Managing Director Pleads Guilty for Corrupt Real Estate Transactions with Chinese SOE Official; Morgan Stanley Not Charged Due to Robust Compliance Program," Covington E-Alert (April 2012), Co-Author

· "Biomet, Inc. Pays $22.88 Million to Settle FCPA Allegations," Covington E-Alert (3/29/2012), Co-Author

· "Amendments to China's Criminal Procedure Law May Impact Enforcement and Defense of Bribery and Corruption Cases in China," Covington E-Alert (March 2012), Co-Author

· "Chinese Government Centralizes Database of Bribery Convictions," Covington E-Alert (2/17/2012), Co-Author

· "Trends and Developments in Anti-Corruption Enforcement," Covington E-Alert (February 2012), Co-Author

· "China Releases Revised Catalogue for Guiding Foreign Investment: Emphasis on the Strategic Emerging Industries," Covington E-Alert (1/19/2012), Co-Author

· "New Internet Competition Rules in China Include Personal Data Protections," Covington E-Alert (1/17/2012), Co-Author

· "China Issues Rules Prohibiting Conflicts of Interest for Senior Healthcare Officials and Publishes a Draft Code of Conduct for Medical Professionals," Covington E-Alert (January 2012), Co-Author

· "New Internet Competition Rules in China Include Personal Data Protections," World Data Protection Report (January 2012), Co-Author

· "China's State Council Approves Draft Tender Regulations," Covington E-Alert (12/8/2011), Co-Author

· "Watts Water Pays $3.7 Million to Settle China-Related FCPA Allegations," Covington E-Alert (10/18/2011), Author

· "China Issues Final Implementation Provisions for National Security Review Rule," Covington E-Alert (8/31/2011), Co-Author

· "Rockwell Settles with SEC over FCPA Breaches," Mr. Carlson was quoted in CDR magazine (July/August 2011 edition)

· "Anti-Corruption Mid-Year Review," Covington E-Alert (July 2011), Co-Author

· "China Amends Criminal Law to Cover Foreign Bribery: Bribery of Non-PRC Government Officials Criminalize," Financial Fraud Law Report (June 2011), Co-Author

· "Recent Developments in EU and US Economic Sanctions: Additional EU Sanctions Against Iran, Libya, Syria and Belarus; Additional US Sanctions Against Entities Dealing with Iran, Against Syrian Leaders, and Against Entities Involved in Weapons Proliferation Activities," Covington E-Alert (5/25/2011), Co-Author

· "Rockwell Automation Settles With SEC Over Payments By Former China Subsidiary," Covington E-Alert (5/11/2011), Co-Author

· "China Passes Anti-Bribery Law," Mr. Carlson was quoted in Compliance Week (April 2011)

· "IBM Pays $10 Million to Settle FCPA Allegations Related to China and Korea," Covington E-Alert (March 2011), Author

· "China Amends Criminal Law to Cover Foreign Bribery," Covington E-Alert (3/1/2011), Co-Author

· "New US and International Sanctions Against Libya Target Libyan Government and Qadhafi," Covington E-Alert (2/28/2011), Co-Author

· "Significant Developments and Trends in Anti-Corruption Enforcement," Covington E-Alert (January 2011), Co-Author

· "The UK Bribery Act: Companies Again Face the Test of Complying with the Most Stringent Anti-Corruption Law," Mr. Carlson was quoted in China Business Journal (12/18/2010) (Chinese only)

· "The Inside Story on U.S. Anti-Bribery Efforts in China," Mr. Carlson was quoted in Economy and Nation Weekly (9/27/2010 (Chinese Only))

· "The Path to Anti-Corruption Compliance for Companies," Mr. Carlson was quoted in Economy and Nation Weekly (9/27/2010 (Chinese Only))

· "New Financial Reform Bill Includes Two Provisions Aimed at Curbing Corruption," Covington E-Alert (7/21/2010), Co-Author

· "Congress Passes Comprehensive, Unilateral Sanctions Against Iran," Covington E-Alert (6/25/2010), Co-Author

· "Are You Compliant?," Mr. Carlson was quoted in the China Business Law Journal (June 2010)

· "Senate Passes New Iran Sanctions Legislation Targeting Non-U.S. Companies in Petroleum Industry," Covington E-Alert (2/2/2010), Co-Author

· "Final Rule Requires Federal Contractors to Certify Regarding Certain Business Activities in Sudan," Covington E-Alert (8/17/2009), Co-Author

· "U.S. Further Relaxes Sanctions on Cuba Related to Telecommunications, Remittances, Family Visits and Humanitarian Donations," Covington E-Alert (4/14/2009), Co-Author

· "China Enacts New Food Safety Law, Effective June 1, 2009," Covington E-Alert (3/30/2009), Co-Author

· "FDA Launches "Secure Supply Chain" Pilot Program To Improve Safety of Imported Drugs and Drug Ingredients," Covington E-Alert (2/4/2009), Co-Author

· "FDA Opens Offices in China: More Inspections Likely," Covington E-Alert (12/15/2008), Co-Author

Presentations and Speeches

· "Successfully and Legally Doing Business with SOEs, Relatives of Officials, and Government Departments," Anti-Corruption China Summit (April 2012)

· "PRC Encryption Controls," 3rd Advanced Industry Summit on Complying with Global Encryption Controls (4/1/2012)

· "Chinese Companies and Anti-Corruption Compliance," 6th China New Energy International Forum (April 2012) (presented in Mandarin)

· "Analyzing and Evaluating Risks in Complicated Situations: An In-depth Look at How High-risk Situations Are Managed in Practice," Anti-Corruption China Summit (April 2012)

· "FCPA and Best Practices in a Global Context," CEBEX Group US FCPA Training (March 2012)

· "Avoiding Fraud and Corruption Risks & Liabilities through Effective Investigative Due Diligence," Corporate Mergers & Acquisitions Tactics and Best Practices (March 2012)

· "Corruption Risks and Compliance Tips in Defense Exports," Defence Exports Asia Pacific (February 2012)

· "Practical Guidelines for Legally Winning Business from Government Agencies and State-Owned Companies in a Culturally Sensitive Way," Anti-Corruption China Summit (November 2011)

· "How the US Department of Justice Would Likely View Situations Frequently Encountered in China," Anti-Corruption China Summit (November 2011)

· "Keeping Your Life Science Company in Compliance in China: Updating and Upgrading Your Regulatory and Anti-Corruption Compliance," West LegalEdcenter Webcast (November 2011)

· "Coordinating Internally Resourced Investigations, Third-Party Assistance with Internal Investigations, and Government Investigations," China Anti-Corruption Forum 2011 (October 2011)

· "DOJ & SEC Enforcement Priorities and Impact on Your China Operations," Corporate Compliance Conference 2011 (July 2011) (presented in Mandarin)

· "Gifts, Travel, and Entertainment in China: Balancing Guanxi with Legal Needs," ACI Anti-Corruption Compliance in Emerging Markets (June 2011)

· "Developing and Implementing Robust Technology Control Plans," 2nd China Summit on Export Controls Compliance (April 2011)

· "The New SEC Whistleblower Provisions: Is the Sky Really Falling?," 4th Annual Anti-Corruption Asia Congress (1/26/2011)

· "Lessons from Recent China-Related FCPA Cases," 4th Anti-Corruption China Summit (November 2010)

· "The Long Arm of the FCPA and UK Bribery Act and Best Practices in Anti-Corruption Compliance in China," 4th Corporate Compliance Conference 2010 (November 2010) (presented in Mandarin)

· "PRC Encryption Controls," Singapore Summit on Export Control Compliance (October 2010)

· "The Nature's Sunshine Case and Implications for 'Control Person' Liability Under the FCPA," Anti-Corruption South and Southeast Asia Summit (September 2010)

· "FCPA Compliance in China," Covington & Burling Webinar (8/5/2010)

· "Recent Trends in Anti-Corruption Enforcement and Compliance in China," Anti-Corruption Compliance in China Summit 2010 (March 2010) (presented in Mandarin)

· "Facilitating Payments Under the FCPA," Anti-Corruption and FCPA Compliance China Summit (May 20-21, 2009)

· "Making Your Global Compliance Policy Work in China," Anti-Corruption and FCPA Compliance China Summit (May 20-21, 2009)

· "What Is a 'Government Official' Under the FCPA and Where Is the Line Drawn?," Anti-Corruption and FCPA Compliance China Summit (May 20-21, 2009)

· "How To Strengthen Corporate Communication to Prevent Anti-Corruption Issues," Anti-Corruption Compliance in China Summit (March 5-6, 2009)

· "Compliance with the Foreign Corrupt Practices Act by Multinational Companies Operating in China," Anti-Corruption Compliance in China Summit (March 5-6, 2009)