Palmina Fava is a partner in the Litigation practice of Paul Hastings, based in the firm’s New York office. Ms. Fava conducts internal investigations, drafts and implements global compliance programs, and represents corporations and individuals in civil litigation and government investigations. Ethisphere Institute recognized Ms. Fava as a Rising Star in FCPA compliance and ethics in its 2013 and 2012 Attorneys Who Matter list, a selection which considers expertise, peer and client endorsements, participation in high-profile cases, and overall success in identifying the “best individuals in a wide range of legal disciplines." She also has been recognized by Main Justice and Super Lawyers, New York Metro edition.
Ms. Fava conducts internal investigations on behalf of senior management and boards of directors with respect to the Foreign Corrupt Practices Act (FCPA), international anti-corruption and anti-bribery restrictions, fraud, kickbacks, accounting irregularities, off-label pharmaceutical, marketing misappropriation and trade secrets. She regularly represents companies in such matters before the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), other federal and state agencies, and international regulatory bodies. Ms. Fava has led teams in internal investigations in Latin America, Europe, Asia, Africa, and the Middle East.
Ms. Fava also designs and implements comprehensive corporate compliance programs tailored to a client’s particular risks; provides employee and third-party training; conducts proactive reviews of a client’s high-risk areas; structures commercial arrangements to protect against compliance risks; and handles due diligence of agents, joint venture partners, and targets in mergers and acquisitions, or other investment transactions. Additionally, Ms. Fava provides strategic business advice to clients faced with potential criminal investigations and related class action lawsuits or shareholder derivative claims, recognizing that public relations is an important aspect of crisis management in a government investigation.
Ms. Fava’s litigation practice focuses on commercial, business tort, and intellectual property disputes. She has served as lead litigation and trial counsel on matters involving breaches of fiduciary duty, breaches of contract, interference with business relationships, commercial misrepresentation, defamation, fraud, negligence, misappropriation of trade secrets, trademark and trade dress infringement, and insurance coverage. She has successfully tried and defended cases in federal and state courts and arbitration panels, and successfully represented clients in appellate arguments, mediations, and negotiations.
Ms. Fava’s clients include publicly traded, privately held, and non-profit companies in the fields of technology; finance and banking; defense contracting; drug, industrial, and consumer product manufacturing; hospitality; telecommunications and multi-media; and insurance.
- Represented a pharmaceutical company in a risk assessment of its sales and marketing activities in China
- Represented a technology company in internal investigations in Eastern Europe related to potential violations of the FCPA; Handled the voluntary disclosures of the matters to the DOJ and the SEC; Obtained a complete declination from the DOJ and the SEC related to all of the matters (no fines or penalties)
- Represented a technology company in investigations in Africa and Asia. Recommended enhancements to the compliance program
- Represented a pharmaceutical company in an internal risk assessment and analysis of its global anti-corruption compliance program and related processes and protocols; Recommended and assisted in implementing enhancements to the anti-corruption compliance program
- Represented U.S. and Hong Kong-based companies in litigation in the U.S. related to their commercial activities in Hong Kong
- Represented a technology company in an internal investigation and in external disputes with business partners related to transactions in the Middle East
- Represented a technology company in drafting and implementing a robust compliance program, including training and due diligence of third parties
- Represented foreign issuers based in Latin America in SEC’s investigations
- Represented a pharmaceutical company in an off-label marketing investigation by the government, including representing and negotiating a settlement agreement of senior sales representatives and managers of the company
- Represented several large financial institutions and private equity funds in transactional due diligence for deals in the Middle East, Asia, and Latin America.
Accolades and Recognitions
- Recognized as a Rising Star in the fields of FCPA compliance and ethics by Ethisphere Institute in its 2012 Attorneys Who Matter
- Recipient of the Woman of the Year Award from the Kidney & Urology Foundation of America
- Recognized by Main Justice and Super Lawyers, NY Metro Edition in 2013
- Recipient of Fordham Law School’s Joseph D. Crowley Award and Pro Bono Service Award
- Recipient of the Italian Government’s Distinguished Service Award
Speaking Engagements and Publications
Ms. Fava lectures and publishes regularly on compliance-related issues. Among Ms. Fava’s most recent speaking engagements and publications are:
Speaker at American Conference Institute’s 5th Annual Forum on Sunshine Act Compliance & Aggregate Spend Reporting
By-lined article for Law360 entitled “How To Get A Pass When A Corruption Problem Occurs.” – June 2013
By-lined article for Law360 about privilege-related concerns tied to internal investigations in connection with the US Foreign Corrupt Practices Act. – March 2013
By-lined article in Agenda, a Financial Times publication, on how boards can prevent becoming overburdened with new regulations. – March 2013
By-lined article “Guidance on the U.S. Foreign Corrupt Practices Act from the Department of Justice and the Securities & Exchange Commission: The Key, as with the U.K. Bribery Act and the OECD Anti-Bribery Convention, Is a Robust Compliance Program,” Ethisphere, January 2013
"Monitoring Third Parties' Anti-Corruption Compliance: How to Conduct Pre-Contract Due Diligence in High Risk Markets, and Implement Robust Management Protocols for Existing Agents," ACI FCPA Boot Camp Conference, San Francisco, CA, October 1, 2012
- "Strategies for Staying in Compliance with the FCPA and Other International Anti-Corruption Laws,"
Inside the Minds: International White Collar Enforcement, Aspatore 2012
- "Lessons Learned From Pfizer's Settlement of FCPA Claims," August 27, 2012
- "International Corruption Risks Facing Financial Institutions," The FCPA Report, July 25, 2012
- "Legal and Ethical Challenges Facing In-House Counsel in Today's Anti-Corruption Enforcement Environment," July 17, 2012
- "FCPA in Transactional Due Diligence," Paul Hastings Training for Asia-based lawyers, July 10, 2012
- "Anti-Corruption Due Diligence in Private Equity Transactions," Main Justice, June 27, 2012
- "Asking the Right Questions in the Board Room to Prevent Corrupt Practices and to Stay Competitive Abroad," Women Corporate Directors, June 19, 2012
- "A Deep Dive into OFAC and EU Screening, Re-Screening and List Management: How To Implement Sanctions, Data Protection and Privacy Law Restrictions," ACI Conference, Washington, DC, April 24, 2012
Ms. Fava is often quoted in articles on FCPA issues, published by Reuters, CNBC, Bloomberg, Law360 and Main Justice, among other leading publications.
- Fordham University School of Law, J.D., 1997 (with honors)
- Georgetown University, B.A., 1994 (cum laude)
- Universita di Bologna (Italy), 1993 (Intensive course of study on International Diplomacy)
Foreign Language Capabilities
- Italian (Fluent)
- Portuguese & Spanish (Proficient: Reading and Conversation)
- French (Working Knowledge)