Britz, Benjamin

Benjamin Britz is a partner in the firm’s Washington office. He represents clients in high-stakes litigations and investigations and advises clients on sensitive corporate governance and compliance issues.

Benjamin’s matters relate to directors’ and officers’ fiduciary duties, securities fraud, corruption/FCPA, and white-collar crime.

He represents clients before all manner of domestic and international enforcement agencies, including the Department of Justice, Securities and Exchange Commission, Attorney General offices, and in debarment proceedings before Multilateral Development Banks, among others. He also represents companies and their directors and officers in shareholder class action and derivative litigations relating to mergers and acquisitions and securities fraud claims.

Benjamin also assists companies in preventing and identifying compliance issues by designing, administering and improving anti-corruption, integrity compliance, anti-money laundering and corporate governance programs. He has conducted and advised companies through corporate monitorships imposed by the DOJ, SEC, OFAC, United Nations, World Bank, and the U.K. Serious Fraud Office.

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

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 and 2023 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 Sean Mason, “Would Alito’s Defense Prevail Under the FCPA?” Corporate Compliance Insights (July 2023)
Co-author, with Winthrop Jordan, "Hanging by a Thread: Unanimous Supreme Court Snips Back Two Wire Fraud Convictions," Hughes Hubbard, (May 2023)
Co-author, with Tyler Grove and Winthrop Jordan, “State Consumer Protection Law,” American Bar Association, Chapter 10: District of Columbia (September 2022)
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

“Interpreting Wire Fraud in the Wake of Percoco and Ciminelli Cases,” Hughes Hubbard & Reed’s All Things Investigations, Compliance Podcast Network, Podcast, Episode 29, June 5, 2023
“Oversight Duties of Corporate Officers with Benjamin Britz,” Hughes Hubbard & Reed’s All Things Investigations, Compliance Podcast Network, Podcast, Episode 23, March 13, 2023
"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

Anti-Corruption and Corporate Compliance

Representation of a world-leading aerospace and defense company in connection with criminal investigations by multiple jurisdictions related to its historical use of third parties
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
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
Conducted a global risk assessment for world-leading aerospace and defense company
Conducted worldwide compliance systems review regarding use of third-party sales intermediaries for a Fortune 500 pharmaceutical company
Representation of a multinational financial services firm in conducting anti-corruption and anti-money laundering M&A due diligence
Representation of a large Asian global infrastructure contractor in connection with its establishment and implementation of an integrity compliance program
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 NYSE-traded company in FCPA inquiry related to business in Nigeria West Africa, including in connection with SEC, DOJ and US Senate inquiries
Representation of a Fortune 500 pharmaceutical company in conducting anti-corruption M&A due diligence

Securities Class/Derivative and General Litigation Matters

Successful representation of former President and Acting CEO of CBS Corporation in class action and derivative litigation stemming from merger of CBS and Viacom to create Paramount Global
Successful representation of former Chief Operating Officer of CBS Corporation in high-profile dispute and resulting litigation regarding defensive measures to proposed merger.
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
Successful representation of ProPetro Holding Corp. and certain of its directors in federal securities class action and derivative litigations in the Western District of Texas
Successful Representation of Pioneer Natural Resources Company in common law securities fraud claim
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

White Collar and Regulatory Defense

Representation of numerous corporate directors and officers in various confidential investigations related to suspected financial misconduct, insider trading, #metoo allegations, and related corporate governance issues
Successful representation of a Russian political activist in dismissed litigation with Alfa Bank seeking information related to a cyber-hack
Successful representation of ProPetro Holding Corp in SEC enforcement action related to financial and internal controls matters
Successful representation of Wipro in SEC enforcement action related to financial reporting, embezzlement, and auditor independence issues
Successful representation of world-leading commercial printing company in an internal investigation for its audit committee related to allegations of financial misconduct
Successful representation of an NYSE-traded company in an SEC insider trading investigation

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
Evaluated anti-corruption compliance and internal controls for a Europe-based inspection company as part of United Nations vendor reinstatement process
Ongoing representation of numerous European and Asian clients in connection with multilateral development bank (MDB) integrity compliance inquiries, audits and negotiated resolutions

Am I My Buyer’s Keeper? Delaware Court Upholds Aiding and Abetting Claims Against Officers of the Target Company in SPAC Deal

Client Advisories

Hanging by a Thread: Unanimous Supreme Court Snips Back Two Wire Fraud Convictions

Client Advisories

McDonald’s: Corporate Officers Served a Combo of Duties

Client Advisories

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