Greta Lichtenbaum

Partner

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Greta Lichtenbaum focuses her practice on compliance with US laws that govern international business transactions and trade. Greta represents and advises clients in matters related to US economic sanctions, export controls, anti-corruption (the Foreign Corrupt Practices Act, or “FCPA”), money laundering, antiboycott, foreign investment, and customs laws. In addition to advising clients on the application of these laws to on-going business and potential acquisitions, Greta assists clients in all aspects of managing compliance with these laws, including developing corporate compliance programs, conducting internal investigations relating to potential violations of these laws, and representing companies before the relevant agencies in connection with enforcement proceedings, license requests, and government inquiries. These agencies include the Treasury Department’s Office of Foreign Assets Control, the Securities and Exchange Commission, the Departments of Justice, Commerce and State, and the US Bureau of Customs and Border Protection.

Greta is highly ranked by both Chambers USA and Chambers Global. Chambers describes her as a “fantastic lawyer” and “well-recognized export controls expert.”

Honors & Awards

  • Ranked Band 1 Nationwide by Chambers Global 2018 for International Trade: Export Controls & Economic Sanctions. Recognized by Chambers and Partners since 2010.
  • Named a “Super Lawyer” in International Law in Super Lawyers - Washington, DC edition (2013-2014; 2017)
  • Recognized by The Legal 500 US for having expertise in International Trade (2014-2018)
  • Named a Trade & Customs Expert by Who’s Who Legal (2018)
  • Recognized by BTI as a “Client Service All-Star” (2013)
  • Recognized in The Guide to the World’s Leading Women in Business Law (2012)
  • Named a “Super Lawyer” in Super Lawyers - Corporate Counsel Edition (2010-2012)
  • Recognized in The Guide to the World’s Leading International Trade Lawyers (2010 and 2012)

Admissions

Bar Admissions

  • District of Columbia

Education

  • Harvard University, J.D., 1990: Managing Editor, Harvard Human Rights Journal; Member, International Law Society
  • Haverford College, B.A., 1986: Phi Beta Kappa, Departmental Honors

Professional Activities

Author

  • “Iran Sanctions Mean Multinationals Need To Prepare for Close Scrutiny,” Corporate Counsel (March 2012)
  • Chapters, “Export Controls” and “FCPA/Antibribery,” Corporate Compliance Practice Guide: The Next Generation (Matthew Bender/LexisNexis, 2009)

Foreign Corrupt Practices Act: An O’Melveny Handbook

  • One of the lead authors of the Firm’s Fifth, Sixth and Seventh Editions of this well-regarded Handbook

Co-Author

  • “US Economic Sanctions Laws - Opportunities And Compliance Challenges,” Risk and Compliance Magazine (April 2017) (with McAllister Jimbo)
    “Iran Nuclear Agreement: Compliance Strategies for Companies Considering Doing Business with Iran,” Corporate Counsel (January 2016) (with Hayley Ichilcik)
  • “The Extraterritorial Scope of the FCPA as Addressed in New Government Guidance,” in Competition Policy International Antitrust Chronicle (December 2012) (with Beth France)
  • “Economic sanctions laws: the European Union and the United States,” a chapter published in Serious Economic Crime: A Boardroom Guide to Prevention and Compliance. Published by White Page Ltd in association with the Serious Fraud Office (December 2011) (with James Barratt and Hayley Ichilcik)

Client Alerts (Most Recent)

  • “DOJ Criminal Division Launches One-Year Pilot Program as Part of Enhanced FCPA Enforcement Strategy” (O’Melveny & Myers White Collar Alert, April 2016) (with Mary Patrice Brown, Ronald Cheng, Jeremy Maltby, Mark Racanelli, Katherine Betcher, Mai Gonzalez, and Emilie Winckel)
  • “The Iran Nuclear Deal: Nuclear Sanctions Lifted for Foreign Companies, Restrictions on US Firms Remain” (O’Melveny & Myers International Trade Alert, January 2016) (with Ted Kassinger and McAllister Jimbo)
  • “The Iran Nuclear Deal: Setting the Path Forward to Lift International Economic Sanctions” (O’Melveny & Myers International Trade Alert, July 2015) (with Ted Kassinger, Tom Donilon, AB Culvahouse, and David Ribner)
  • “Lausanne Nuclear Framework Agreement with Iran: A Path is Set for Congressional Review, but Key Substantive Questions Remain” (O’Melveny & Myers International Trade Alert, April 2015) (with Ted Kassinger and Hayley Ichilcik)
  • “US International Economic Sanctions: Ending 2014 With a Bang” (O’Melveny & Myers International Trade Alert, January 2015) (with Ted Kassinger, David Ribner, and MacAllister Jimbo)
  • “The UK’s Serious Fraud Office achieves first convictions under UK Bribery Act” (O’Melveny & Myers Foreign Corrupt Practices Act Client Alert, December 2014) (with David Foster and Nate Bush)
  • “US Treasury Department Imposes Additional Sanctions on Russian Banks, Energy, and Arms Firms” (O’Melveny & Myers International Trade Alert, July 2014) (with Ted Kassinger and David Ribner)
  • “The United States and the European Union Target Additional Russian Individuals and Entities in Response to Escalating Ukraine Crisis” (O’Melveny & Myers International Trade Alert, April 2014) (with Ted Kassinger and Hayley Ichilcik)
  • “New Executive Order Extends Extraterritorial Reach of US Iran Sanctions” (O’Melveny & Myers International Trade Alert, June 2013) (with Ted Kassinger)
  • “SEC Staff Publishes C&D Is Regarding Disclosure Requirements for Issuers Engaged in Certain Activities in Iran,” (O’Melveny & Myers Capital Markets Alert, December 2012)
  • “SEC and DOJ Release Long Awaited Joint FCPA Guidance” (O’Melveny & Myers Foreign Corrupt Practices Act Alert, November 2012) (with Daniel Bookin and Howard E. Heiss)

Speaker

  • “Real World Compliance Issues and How to Solve Them,” PLI’s The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2018 (April 2018)
  • “Cross-Border Enforcement: US Economic and Trade Sanctions Prosecutions,” American Bar Association’s 32nd Annual National Institute on White Collar Crime (March 2018)
  • “Ethics and Compliance Considerations for Trade Controls Lawyers,” Practicing Law Institute’s Coping with US Export Controls and Sanctions 2017, Washington, DC (December 2017)
  • “Key Issues in Developing and Maintaining an Effective Compliance Program: Taking Your Program to the Next Level,” Practicing Law Institute’s The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2017, New York, NY (April 2017)
  • “Ethics Considerations in Trade Control Practice,” Practicing Law Institute’s Coping with US Export Controls and Sanctions 2016, Washington, DC (December 2016)
  • “Key Issues in Developing and Maintaining an Effective Compliance Program: Taking Your Program to the Next Level,” Practicing Law Institute’s The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2016 (May 2016)
  • “Economic Sanctions Enforcement and Compliance,” ACI (April 2016)
  • “Liability for Cross-Border Activity: Increasing Enforcement of Economic Sanctions and Export Control Laws,” ABA White Collar Crime National Institute (March 2016)
  • “Coping with US Export Controls and Sanctions,” Practicing Law Institute (December 2015)
  • “Economic Sanctions Boot Camp,” ACI (December 2014)
  • “The Foreign Corrupt Practices Act and International Anti-Corruption Developments 2013,” Practicing Law Institute, New York, NY (May 2013)
  • “WMACCA Global Issues Forum: Detecting Red Flags When Dealing with Foreign Officials,” WMACCA (February 2013)
  • “Benefiting From Convergence: Streamlining Your AML, Fraud Prevention, OFAC, and FCPA Programs and Leveraging Existing Resources to Increase Efficiency and Reduce Costs,” American Conference Institute’s 3rd Annual Forum on AML & OFAC Compliance for the Insurance Industry (January 2013)
  • “New Developments in US Export Controls and Economic Sanctions Law,” American Bar Association’s 6th Annual Homeland Security Law Institute Conference, Washington, DC (March 2011)

Enforcement Proceedings and Internal Investigations

  • Conducts internal investigations relating to potential violations of economic sanction laws, antiboycott laws, the FCPA, the EAR, and the ITAR and Customs rules.
  • Represents US and foreign companies in connection with internal investigations and enforcement matters arising from potential violations of economic sanctions, export control, and customs laws, including assisting clients in responding to subpoenas and other information requests from the Department of Justice, the Securities and Exchange Commission, the Commerce Department’s Office of Export Enforcement, the State Department, and the Treasury Department’s Office of Foreign Assets Control, and in settling pending enforcement matters before such agencies. 
  • Recent illustrative examples include:
    • Represented oilfield services company in connection with SEC inquiry related to corruption risks in countries subject to US economic sanctions.
    • Represented engineering firm in connection with internal investigation in the Middle East related to its interactions with employees of state-owned enterprises.

Compliance Risk Assessments and Audits

  • Conducts assessments and audits of compliance programs in a variety of industries.
  • Recent illustrative examples include:
    • Conducted an FCPA risk assessment for a US publicly-traded semiconductor manufacturer, with a particular focus on its Asian operations.
    • Managed a worldwide risk assessment for a multinational chemical company covering anti-corruption, economic sanctions, and antitrust laws.

Due Diligence and Post-Investment Planning

  • Advises parties on FCPA and trade controls due diligence within the context of mergers and acquisitions, financings, and IPOs. Assists with due diligence, appropriate contractual protections and undertakings, as well as post-acquisition planning. 
  • Recent illustrative examples include:
    • Advised petrochemical firm on measures and strategies for mitigating anti-corruption risk in prospective minority-held joint venture in China.
    • Assisted private equity firm with developing plan to enhance new portfolio company’s compliance program for anti-corruption, economic sanctions and export controls.
    • Conducted anti-corruption due diligence on Brazilian target for US software company.

Development of Compliance Programs and Procedures

  • Advises companies in a wide range of sectors on the development and implementation of corporate compliance programs in the areas of FCPA, export controls, economic sanctions, customs, and the antiboycott laws. 
  • Recent illustrative examples include:
    • Advised a Chinese manufacturer on the type of  program necessary to comply with the FCPA when the company became an “issuer” for purposes of US securities laws and assisted in the implementation of that program.
    • Assisted a US water treatment company with enhancements to its FCPA compliance program.
    • Assisted a reinsurance broker with establishing worldwide anti-bribery program and training materials.

Licensing, Classifications, and Advisory Opinions 

  • Represents US and foreign companies in obtaining a range of authorizations, licenses and advisory opinions under the Export Administration Regulations (“EAR”), the International Traffic in Arms Regulations (“ITAR”), as well as the economic sanctions regulations governing trade with Cuba, Iran, Iraq, Libya, Sudan, and Syria. 
  • Recent illustrative examples include:
    • Licenses authorizing activities associated with terminating operations in Iran
    • Technical Assistance Agreements for defense-related activities
    • Export control authorizations for encryption and oilfield service products
    • OFAC licenses for reinsurance activity
    • Commodity classification ruling requests
    • Commodity jurisdiction filings

Counseling

  • Advises companies in various sectors (including semiconductor, oilfield services, energy exploration, hospitality, insurance and reinsurance, and a range of other financial services) on legal issues arising under trade controls, antibribery, antiboycott, customs, and anti-money laundering laws.
  • Recent illustrative examples include:
    • Provide advice on anti-bribery risks associated with marketing plans that include the provision of business courtesies to government officials.
    • Advise numerous companies on intermediary due diligence strategies designed to mitigate anti-corruption and economic sanctions risks.
    • Advise on the consequences of changes in economic sanctions laws, including the recent Russia/Ukraine sanctions and changes in the Iran and Cuba sanctions programs.

Government Proceedings and Inquiries 

  • Prepared a number of voluntary notices to the Committee on Foreign Investment in the United States on behalf of both foreign investors and domestic targets. 
  • Represented US companies in connection with “focused assessment” audits conducted by the US Bureau of Customs and Border Protection. 

In the News

Alerts and Publications

CFIUS Update: Interim Regulations, FIRRMA Pilot Program, and Proposed Rulemaking on Emerging Technologies

November 27, 2018

US Completes Withdrawal from Iran Nuclear Deal with Conclusion of Wind-Down Period, Imposition of New Sanctions

November 6, 2018

Venture-Backed M&A: Hot Topics and Recent Developments in 2018

November 5, 2018

New Russian Sanctions Restrict Exports of Sensitive Goods; Additional Sanctions Likely in Three Months

August 28, 2018

Second Circuit Decision Limits FCPA Jurisdiction as to Foreign Nationals Outside the United States

August 28, 2018

CFIUS Update: Congress Enacts the Foreign Investment Risk Review Modernization Act

August 6, 2018

The Iran Nuclear Deal: Setting the Path Forward to Lift International Economic Sanctions

July 15, 2015

Lausanne Nuclear Framework Agreement with Iran: A Path is Set for Congressional Review, but Key Substantive Questions Remain

April 15, 2015

Press Releases