Partner David Simon was quoted in an October 11, 2013 Law360 article titled “Terra Execs Ask 11th Circ. To Curb FCPA’s Reach.” The article discusses how attorneys for two former Terra Telecommunications Corp. executives convicted of bribing employees of a Haitian government-owned telecom told the Eleventh Circuit that the Foreign Corrupt Practices Act’s “instrumentality of a foreign government” should be limited to state agencies and shouldn’t ensnare state-owned companies. Simon, who is representing former Terra Vice President Carlos Rodriguez, was quoted saying to the appeals court, “that in order to be considered an instrumentality of a foreign government, a state-owned company would have to perform a function traditionally performed by the government.”
Senior Counsel Lauren Valiente, Partners Kenneth Winer, Pamela Johnston, Jaime Guerrero, and Associate James Cirincione are also part of the Foley counsel that is representing Rodriguez.