Catherine Kevane is a litigator who focuses her practice on representing and counseling technology companies and their directors, audit committees, and officers in internal investigations and before government agencies in matters involving the Foreign Corrupt Practice Act (FCPA), accounting violations, securities violations, and whistleblower claims. Catherine also has extensive experience litigating complex matters before federal and state courts, including securities class actions and derivative litigation.
She has represented multinational corporations, including Fortune 100 and 500 companies in regulatory or internal investigations into alleged accounting fraud, bribery and corruption throughout the world. Catherine regularly advises public company boards and management as well as late-stage private companies on regulatory and compliance matters, including the FCPA.
A dedicated member of the legal community, she is a member of Women in Securities (WISe), a network for women securities defense litigators and an active mentor to women attorneys. Catherine regularly volunteers at charities dedicated to improving the lives of women.
In 2017, Catherine was named one of The Recorder’s Women Leaders in Tech Law.
Regulatory and Enforcement Proceedings and Internal Investigations
Examples of recent representative engagements include:
- Internal investigations and related DOJ and SEC investigations on behalf of several multinational corporations, including Fortune 100 companies, into bribery and kick-back allegations in jurisdictions throughout the world, including Brazil, China, India, Italy, Mexico, Nigeria, and Russia.
- Non-public internal investigations for dozens of public and private companies into allegations relating to accounting, self-dealing, kick-backs, embezzlement, and financial improprieties.
- DOJ and SEC investigations into whistle-blower allegations on behalf of technology and pharmaceutical companies.
- Defending World Bank Group enforcement regarding procurement fraud and other matters on behalf of clients under investigation by the World Bank Integrity Vice Presidency.
Corporate Compliance and Governance
Catherine regularly counsels companies on corporate compliance and governance issues, including remediation following a resolution of a SEC or DOJ investigation. Representative engagements include:
- Developing post-DOJ and SEC resolution remediation and compliance programs.
- Authoring SEC and DOJ compliance reports for multiple companies following resolution of FCPA-related matters.
- Developing FCPA, UK Bribery Act and general ethics and compliance programs for dozens of public and late-stage private companies.
- Representing late-stage companies in pre-IPO compliance and diligence matters.
- Counselling on whistleblower matters.
Securities and Derivative Litigation and Shareholder Disputes
- Catherine has defended numerous public companies in shareholder class action or derivative litigation alleging accounting or disclosure violations. Recent representations include the defense of Adobe, Cisco, Diamond Foods, Electronic Arts, Equinix, Intuit, and ShoreTel.
- Catherine regularly represents and counsels late-stage private companies and public companies on resolving shareholder, escrow, and related disputes.
- "Securities Litigation and Enforcement Newsletter," Fenwick & West, November 2015 (co-author)
- "Securities Litigation and Enforcement Newsletter," Fenwick & West, September 2015 (co-author)
- "GSK Bribery Conviction Signals Increased Risks in China," Fenwick & West, October 2014 (co-author)
- "SEC Announces $30 Million Whistleblower Award to Non-U.S. Resident," Fenwick & West, September 2014 (co-author)
- "Securities Litigation Alert: GlaxoSmithKline and Five Executives Convicted of Bribery in China," Fenwick & West, September 2014 (co-author)
- "Securities Litigation Alert: DOJ and SEC Issue Joint Guidance on FCPA," Fenwick & West, November 2012 (co-author)
- "Foreign Corrupt Practices Act (FCPA) Guide to Preventing Improper Practices in Foreign Sales," Fenwick & West, September 2012 (co-author)
- "Securities Litigation Update - FCPA Update: Implementation of U.K. Bribery Bill Postponed Until April 2011," Fenwick & West, July 2010 (co-author)
- "Coordinated U.S. and U.K. Anti-Corruption Efforts Mean Greater Risks to U.S. Companies," Compliance Week, July 2010
- "Securities Litigation Update: FCPA Update: Recent Prosecutions and New Enforcement Tools," Fenwick & West, April 2010 (co-author)