Karen P.Hewitt

Partner-in-Charge San Diego

(T) 1.858.314.1119

Karen Hewitt is a former United States Attorney and an experienced trial lawyer who has successfully litigated hundreds of cases in federal court for more than two decades. She currently represents companies nationwide in civil and criminal investigations and in complex business litigation. Karen's practice focuses on defending matters involving possible violations of federal law, including the Anti-Kickback Statute, the Foreign Corrupt Practices Act, the Taft-Hartley Act, and the False Claims Act.

For the past six years, Karen led the defense of an international retailer in a complex FCPA investigation conducted by the DOJ and SEC in four countries. She also has represented major public and private companies in internal investigations on highly sensitive topics, crisis management, compliance, contested proceedings before regulatory agencies, and "bet-the-company" litigation. In the matters Karen leads, she routinely reports to senior management, the board of directors, the audit committee or a special committee, and develops the comprehensive strategy for the company to protect and defend itself from a range of legal and regulatory risks.

Before joining Jones Day, Karen served as the Southern District of California's chief federal law enforcement officer, where she focused on national security, border security, cyber and intellectual property crime, white collar and financial crime, civil fraud, violent crime, and narcotics enforcement.

Karen is a director of the National Association of Former U.S. Attorneys. She is a Master in the Enright Inn of Court and a member of the Board of Visitors of the University of San Diego School of Law.

Experience

  • Qualcomm defeats series of appellate writs by Apple in trade secret litigationJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. at the California Court of Appeal's Fourth District in opposing a series of three petitions for writ of mandate or prohibition brought by Apple Inc.
  • Qualcomm pursues trade secret and contract claims asserting Apple's misuse of Qualcomm's trade secret software and source codeJones Day represented Qualcomm Incorporated and Qualcomm Technologies, Inc. in a lawsuit asserting trade secret misappropriation and breach of contract claims against Apple Inc.
  • Qualcomm defends against Apple's patent infringement claims relating to processor power saving techniquesJones Day is defending Qualcomm Incorporated against Apple, Inc.'s allegations that Qualcomm's Snapdragon processors – CPU/GPU/Baseband Modem System on Chip – infringe a number of Apple's patents directed to power saving techniques for use in processors.
  • Medical device manufacturer secures declination and dismissal of FCA complaint without any settlement paymentJones Day represented a medical device manufacturer in a False Claims Act case involving whether the company violated the Federal Anti-Kickback Statute.
  • National retailer defends against tort and public nuisance claims related to prescription opiate MDLJones Day is defending a national retailer against tort and public nuisance and related industry claims asserted in In re: National Prescription Opiate Litigation, MDL No. 2804.
  • Celgene resolves False Claims Act case related to alleged off-label promotion of Thalomid® and Revlimid®Jones Day represented Celgene Corporation in a False Claims Act lawsuit related to allegations that Celgene promoted the cancer treatment drugs Thalomid® and Revlimid® for off-label uses prior to their FDA approval for such uses, and paid kickbacks to physicians in order to get them to promote and prescribe those drugs.
  • Energy company seeks advice on anticorruption investigation, compliance, and transactional due diligence matters relating to operations in Latin AmericaJones Day represents a Fortune 500 U.S. energy company on anticorruption investigation, compliance, and transactional due diligence matters relating to its operations in Latin America.
  • Health care management company conducts internal investigation relating to alleged overpayment of federal health care fundsJones Day represented a privately-owned health care management company in an internal investigation relating to alleged overpayment of federal health care funds.
  • Health care management company reviews compliance with Medicare regulationsJones Day provides ongoing counseling, training, and advice to a health care management company regarding compliance with federal and state health care regulations.
  • Chevron defends against allegations of environmental damage from oil seeps off coast of BrazilJones Day is serving as lead U.S. counsel for Chevron with respect to various legal and administrative proceedings arising out of oil seeps that occurred off the coast of Brazil in November 2011 and March 2012.
  • U.S.-based coaching and mentoring company receives advice on corporate compliance policiesJones Day is advising a U.S.-based coaching and mentoring company on its data privacy and related compliance policies.
  • National retailer conducts internal investigation into allegations of money laundering in the United StatesJones Day represented a national retailer's e-commerce division in an internal investigation into allegations of money laundering in the United States.
  • Medical technology corporation resolves False Claims Act case with civil settlement and no Corporate Integrity AgreementJones Day represented a global medical technology corporation in settling a False Claims Act case involving allegations about historical sales and marketing practices for a skin preparation product and the company's relationships with health care professionals.
  • National retailer defends allegations of corruption in Latin America and AsiaJones Day is representing a national retailer in an internal investigation into allegations of corruption in multiple countries in Latin America and Asia and related DOJ and SEC investigations.
  • National retailer conducts internal investigation into allegations of money laundering and OFAC violations in Latin AmericaJones Day represented a national retailer in an internal investigation into allegations of money laundering and OFAC violations in Latin America.
  • Fortune 200 company seeks representation in investigation involving U.S. Customs and Border Protection's Customs-Trade Partnership Against Terrorism programJones Day represented a Fortune 200 company in an investigation that arose after U.S. Customs and Border Protection ("CBP") discovered a large amount of narcotics that, unbeknownst to the company, had been secretly hidden inside a container used to transport the company's products across the U.S.-Mexico border.
  • Additional Publications

    • April 2018Anti-Corruption Regulation Survey of 41 Countries 2017–2018
    • February 2018Peru and Argentina: New Bribe Regimes Put Companies at Risk
    • January 2018Corporate Anticorruption Compliance Programs: Ten Questions Every Board Director Should Ask
    • January 2018FCPA 2017 Year in Review
    • November 2017DOJ's New FCPA Enforcement Policy Continues its "Carrot-and-Stick" Approach
    • February 2017Department of Justice Fraud Section Provides Guidance on Evaluating Corporate Compliance Programs
    • January 2017FCPA 2016 Year in Review
    • July 2016Mexico Enacts New Anti-Corruption Laws
    • April 2016Department of Justice FCPA Pilot Program Outlines Incentives for Corporate Self-Disclosure and Cooperation: What's New and Will It Matter?
    • March 2016Amarin and FDA Agree to Landmark Settlement on Off-Label Promotion
    • January 2016FCPA 2015 Year In Review
    • September 2015U.S. Department of Justice Announces Updated Guidelines on Individual Accountability for Corporate Wrongdoing
    • April 2015Defining the Bounds of the Public Disclosure Bar and the Scope of "News Media"
    • March 2015Revisiting My Brother's Keeper: Latest Learning and Best Practices on Dealings with Third Parties under the FCPA
    • February 2015FCPA Year in Review: 2014
    • January 2015Expecting the Unexpected: How to Prepare for, Respond to, and Survive a Search Warrant
    • July 2014In re: Kellogg Brown & Root, Inc., et al.: D.C. Circuit Grants Petition for Mandamus and Protects Attorney–Client Privilege of Internal Investigation in False Claims Act Case
    • May 2014Federal Appellate Court Rules that the FCPA Prohibits Corrupt Payments to Certain Foreign Government-Owned Businesses
    • April 2014India’s New Corporate Social Responsibility Requirements – Beware of the Pitfalls
    • April 2014Internal Investigations: Keys to Preparing an Effective Budget
    • April 2014The Rise of Parallel Proceedings in Health Care Fraud Investigations: How to Tell When You’re a Target
    • March 2014Recent Order from D.C. District Court Forces Defendants to Produce Results of Internal Investigations Finding Attorney-Client and Attorney Work Product Privileges Not Applicable
    • July 2013False Claims Act Recent Developments
    • March 2013District Court Rules FCPA Jurisdiction Has Limits
    • January 2013Corporate Internal Investigations: Best Practices, Pitfalls to Avoid
    • December 2012DOJ/SEC's Resource Guide to the U.S. Foreign Corrupt Practices Act: Jones Day Summary and Analysis
    • February 2012CMS Publishes Long-Awaited 60-Day Repayment Proposed Rule for Identified Overpayments
    • April 2011Health Care Compliance and Enforcement Update

    Speaking Engagements

    • June 20, 2017Current Issues in Internal and Government Investigations: What Companies Should Know
    • March 2017ABA White Collar Institute Faculty and Panelist, The Foreign Corrupt Practices Act
    • June 9, 2015KKR General Counsel & Regulatory Affairs Conference
    • March 2015ABA White Collar Institute Faculty and Panelist, The Foreign Corrupt Practices Act — Recent Developments and New Trends
    • March 30, 2011Effective Federal Discovery Practice: Taking and Defending Depositions, Federal Bar Association Civil Practice Series
    • December 1, 2010Cybersecurity Issues for Business, San Diego Policy Forum
    • October 4, 2010Security, Data Protection and Privacy: U.S. and International Legal Considerations, National Defense Industrial Association, San Diego Fall Symposium
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