FacultyFaculty/Author Profile
Palmina M. Fava

Palmina M. Fava

Paul, Hastings, Janofsky & Walker LLP

New York, NY, USA


Palmina Fava is a partner in the Litigation practice of Paul Hastings and is 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 Specialist in its 2014 Attorneys Who Matter List and 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.” She also has been recognized by Main JusticeSuper Lawyers, and New York Times Magazine, was profiled by Law360 as a Female Power Broker, and received the 2014 Burton Distinguished Legal Writing Award.

Ms. Fava conducts internal investigations with respect to the Foreign Corrupt Practices Act (FCPA), international anti-corruption and anti-bribery restrictions, fraud, kickbacks, accounting irregularities, off-label pharmaceutical marketing, and misappropriation of 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.

Ms. Fava’s litigation practice focuses on commercial, business tort, and intellectual property disputes. She has served as lead litigation and trial counsel in matters involving breaches of fiduciary duty, breaches of contract, fraud, negligence, misappropriation of trade secrets, and insurance coverage. She has successfully tried and defended cases in federal and state courts, and before arbitration panels, and successfully represented clients in appellate arguments, mediations, and negotiations.

Recent Representations

  • Representing a pharmaceutical company in a risk assessment of its sales and marketing activities in China
  • Representing a technology company in investigations in Africa and Asia; recommending and implementing enhancements to the compliance program
  • Representing companies based in Asia in trade secret litigation; conducting trade secret compliance training for personnel based in Asia
  • Representing an energy company in Latin America in a risk assessment of its business practices and in developing a comprehensive anti-corruption compliance program
  • Representing companies based in Latin America and listed on U.S. stock exchanges in SEC investigations
  • Representing several large financial institutions and private equity funds in transactional due diligence for deals in the Middle East, Asia, and Latin America
  • Represented an energy fund in pre-acquisition anti-corruption due diligence of a large entity in Brazil
  • 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 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 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

Accolades and Recognitions

  • Recognized as a Specialist by Ethisphere Institute in its 2014 Attorneys Who Matter List
  • Recognized as a Rising Star in the fields of FCPA, compliance, and ethics by Ethisphere Institute in its 2013 and 2012 Attorneys Who Matter Lists
  • Recognized by Main Justice, Super Lawyers, and New York Times Magazine Top Women Lawyers in New York
  • Recipient of the 2014 Burton Distinguished Legal Writing Award
  • Recipient of the Woman of the Year Award from the Kidney & Urology Foundation of America
  • 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 and is often quoted in articles on FCPA issues published by the Wall Street Journal, Reuters, CNBC, Bloomberg, Law360, FCPA Report, and Main Justice, among other leading publications. Among Ms. Fava’s most recent speaking engagements and publications are: 
  • Speaker at the New York City Bar Association Conference on Developments in FCPA Enforcement, April 2014 
  • Speaker at American Conference Institute’s 5th Annual Forum on Sunshine Act Compliance & Aggregate Spend Reporting, October 2013 
  • By-lined article for Law360 entitled “How To Get A Pass When A Corruption Problem Occurs,” June 2013 
  • Speaker at Momentum’s Conference on FCPA Enforcement, Washington, DC, June 2013 
  • By-lined article for Law360 about privilege-related concerns in internal investigations, March 2013 
  • By-lined article in Agenda, a Financial Times publication, on how boards can prevent becoming overburdened with new regulations, March 2013 
  • Speaker, New York City Bar Association Conference on Developments in FCPA Enforcement, February 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

Professional and Community Involvement

  • Admitted to practice in New York
  • Admitted to the bar of the United States Supreme Court, the Federal Circuit Court of Appeals, and the U.S. District Courts for the Southern District of New York, the Eastern District of New York, and the District of New Jersey
  • Vice President and member of the Board of Trustees of the Kidney & Urology Foundation of America
  • Ladies Auxiliary, Veterans of Foreign Wars, American Legion Post

Education

  • 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 in International Diplomacy)

Foreign Language Capabilities

  • Italian (Fluent)
  • Portuguese & Spanish (Proficient: Reading)
  • French (Working Knowledge)
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