With regulators in non-U.S. countries stepping up their enforcement efforts on cases involving financial fraud, corruption, sanctions, tax evasion, money laundering, and the corresponding increase in cooperation among regulators, cross-border investigations are on the rise and expected to continue. Cross-border investigations, whether internal or government-facing, pose a host of complicated issues for multinational companies, including in data collection and conducting employee interviews, while balancing the multi-national headquarters’ regulators’ expectations and local law obligations that may conflict. This program, led by attorney Claire Rajan, will focus on these various challenges, including providing tips for best practices.
Claire’s cross-border practice includes representing multinational corporate clients in investigations and litigation matters. Her primary focus is on anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA) and political law regulation governing campaign finance, pay-to-play, lobbying, and gifts to public officials. In addition, Claire has conducted cross-border investigations regarding economic sanctions and financial fraud. Claire’s experience includes cross-border litigation, internal investigations, federal and state government investigations, and transactional due diligence.
Claire also has extensive experience with evaluating corporate compliance programs, particularly while on multiple secondments to major global financial services providers.
Chambers USA 2018 recognized Claire as “Up and Coming.” Chambers USA 2017 noted that Claire "is deeply experienced in political law enforcement and litigation." According to Chambers, "clients praise her 'incredible judgment,' explaining that 'she is very practical in evaluating the context in which advice is being sought and tailoring it to the specific circumstances.'"
Prior to joining Allen & Overy, Claire worked as a litigation attorney for the Federal Election Commission (FEC) and served as counsel to Commissioner Ellen L. Weintraub. Her FEC litigation experience includes matters at the United States Supreme Court, as well as various federal circuit and district courts throughout the United States.
· Admitted: Bar of the District of Columbia, 2012
· Admitted: Bar of the State of California, 2005
· Admitted: U.S. Court of Appeals
· Second Circuit, 2015
· Fourth Circuit, 2008
· Fifth Circuit, 2010
· Ninth Circuit, 2009
· J.D., American University Washington College of Law, 2005
· B.A., University of California at Los Angeles, 2001
· Contributor, “Anti-Bribery and Corruption Year in Review: 2018, Global developments in anti-bribery and corruption regulation, compliance and enforcement” (January 2019)
· “U.S. Appeals Court Narrows FCPA's Extraterritorial Reach But Beware - Enforcement Risk Remains” (August 27, 2018), with Ken Rivlin, Andrew Rhys Davies, David Esseks, Eugene Ingoglia and William White
· "Quick Read: What you need to know about the DOJ Fraud Section’s new ‘Evaluation of Corporate Compliance Programs’ guidance," Allen & Overy Investigations Insight (March 6, 2017)
· "Pay-To-Play Lessons From This Week's SEC Settlements," Law360 (February 17, 2017), with Charles Borden, Chris Salter, Bill White and Samuel Brown
· "Yates’s take on the impact of the so-called ‘Yates Memo’," Allen & Overy Investigations Insight (May 26, 2016)
· “Self-reporting FCPA misconduct: A one-year pilot from the DOJ,” Allen & Overy Investigations Insight (April 18, 2016)
· “$12M SEC Penalty Demonstrates Focus On Pay-To-Play,” Law360 (January 15, 2016), with Charles Borden and Bill White
· "The SEC Pay-to-Play Rule: Lessons Learned from the Exemptive Relief Process," The Investment Lawyer (May 2015), with Charles Borden and Sam Brown
· Co-editor, "A Practitioner’s Guide To Appellate Advocacy," American Bar Association, Litigation Section, Appellate Practice Committee (2010)
· Contributor, "Encyclopedia Of The United States Constitution," Facts On File, Inc (2009)
· Contributor, "Report of the Independent Expert on the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism for the United Nations High Commission for Human Rights" (February 2005)
· Co-author, "Some Reflections on Lessons Learned from U.S. and International Financial Institutions’ Efforts Promoting Legal Reform in Countries in Transition" (May 2004)