Bethany Hengsbach

Ms. Hengsbach is a partner in the Government Contracts and Regulated Industries Practice Group in the firm's Los Angeles office.

Areas of Practice

Ms. Hengsbach specializes in commercial litigation and government contracts, with an emphasis on the Foreign Corrupt Practices Act, contractual disputes, and class actions. Ms. Hengsbach has represented businesses and individuals in litigation, arbitrations and investigations related to government contracts, international corporate compliance, trade secret misappropriation, products liability, professional liability, business torts, real estate, and intellectual property.

Education

• J.D., DePaul University, 1997, member and Citation Editor, DePaul University Journal of Health Care Law, two-time recipient of the American Jurisprudence Award, Dean's Scholar
• Cornell University, University of Paris IV, Panthéon-Sorbonne, Institute of International and Comparative Law, 1995
• B.A., University of Illinois, 1994, with distinction

Admissions

• California
• Illinois
• U.S. Court of Appeals for the Seventh Circuit
• U.S. Court of Appeals for the Ninth Circuit

Representative Experience

• Ms.Hengsbach represented a foreign multinational in a Foreign Corrupt Practices Act (FCPA) investigation and in the implementation of an FCPA compliance program, including policy drafting, training, due diligence and risk assessment.
• Ms. Hengsbach defended a medical supply company in a Telephone Consumer Protection Act (TCPA) class action wherein the class sought over $300 million in damages. She filed a Motion to Decertify the class, after which plaintiffs agreed to a settlement on favorable terms for Ms. Hengsbach's client.
• 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 provided Foreign Corrupt Practices Act (FCPA) advice and counsel to an international professional services company operating in 15 countries, including advice re compliance and risk assessment.
• 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.

Honors

• 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.

Memberships

• Member, American Bar Association
• Member, Los Angeles County Bar Association

Articles

• "Whistleblower Provision Likely to Increase FCPA Risk", July 28, 2010
• "Proposed Whistleblower Provision Could Dramatically Increase FCPA Risk", May 12, 2010, Sheppard Mullin Government Contracts Blog
• Quoted in, "Settling Up", Government Executive, April 1, 2010
• "A New Approach To FCPA Enforcement - Can The FCA Be Far Behind?", March 19, 2010, Sheppard Mullin Government Contracts Blog
• "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, Sheppard Mullin Government Contracts Blog
• "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.
• "The Foreign Corrupt Practices Act: What Our Clients Need to Know and Why They Need to Know It,", November 17, 2008, Sheppard Mullin Government Contracts Blog 
• Co-author, Federation of Insurance and Corporate Counsel Quarterly, "Punitive Damages and Damages for Emotional Distress in Third-Party Bad Faith Actions," Fall 1999.
• Contributor, IDC Quarterly Federal Preemption Monograph, "Automobile Safety Standards and the Federal Boat Safety Act," August 1996.

Speeches

• "Preventing and Managing a Corruption Crisis," April 13, 2010, Shanghai, China
• "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/
• Speech to the Kentucky Society of Healthcare and Risk Management, "The Institute of Medicine's Report on Medical Errors: The Report, The Reaction, and What It All Means to You", Louisville, KY, April 2000.

Events

• The 2010 UK Bribery Act (FCPA On Steroids) V. The Reinvigorated FCPA -- Who Has the Bigger Stick!, September 16, 2010
• Sheppard Mullin & Control Risks FCPA Workshop, May 12, 2010, Preventing Corruption: Good Business Practices = Good Business