Karen A. Popp
KAREN A. POPP, is a member of the firm’s Executive Committee and practice area team leader of the White Collar: Government Litigation & Investigations group, which is recognized by US News as one of the nation’s top-tier practices and by Chambers USA (2012) for its “impressive breadth, with expertise across a wide range of areas." Karen has an expansive practice representing companies and individuals in high-profile matters with legal, political and public relations components, such as corporate criminal defense, internal investigations, SEC Enforcement, Congressional investigations, corporate compliance, and civil and commercial litigation. Chambers USA has recognized her as a leader in the field. Her practice is informed by a wealth of government and private sector experience, including service as a federal prosecutor in New York, a lawyer in the Office of Legal Counsel at the U.S. Department of Justice, and Associate White House Counsel to President Clinton.
Karen represents Sidley clients across a host of industries in a wide range of matters involving allegations of criminal, civil and ethical wrongdoing. Her clients range from major corporations to prominent business and political figures, including a U.S. Presidential Cabinet Member. She has been retained to lead confidential worldwide internal investigations and defend corporations and individuals in government investigations relating to alleged FCPA and OFAC violations, securities and financial fraud, accounting irregularities, kickbacks, tax fraud, qui tams, misuse of corporate assets, false claims, antitrust and other bribery, corruption and fraud. Her recent experience includes:
- Successfully obtained prosecutorial declinations for companies in significant criminal investigations
- Representing several companies in connection with ongoing FCPA investigations before the Department of Justice and S.E.C.. These large-scale investigations span dozens of countries across the globe.
- Representing a major national food distribution corporation in State Attorney General investigations involving alleged false claims in connection with contracts with state entities.
- Successfully represented a senior executive of an auto parts manufacturer in a criminal cartel investigation into allegations of price-fixing, bid-rigging and market allocation.
- Successfully represented a U.S. Presidential Cabinet member in DOJ and congressional investigations.
Karen also assists clients in developing, auditing and enhancing corporate compliance and ethics programs, and currently serves as outside counsel to several corporate compliance departments. She helps companies to respond to internal allegations of wrongdoing, conducts training for Boards of Directors, management, compliance departments and other company personnel, and conducts compliance due diligence regarding corporate acquisitions and joint ventures.
Repeatedly recognized for her work, the Legal 500 US notes that, “The ‘highly experienced and knowledgeable’ Karen Popp provides ‘expert and practical advice.’” Benchmark Litigation names Karen a Litigation Star (both nationally and in Washington, D.C.) for her White Collar practice. Washingtonian magazine has included Karen in its current roster of “Top Lawyers in Washington,” and she has been recognized yearly by The Best Lawyers in America in Criminal Defense: White-Collar and Commercial Litigation and is included in the Washington, D.C. edition of the “Super Lawyer” directory, as well as recognized by The International Who's Who of Business Crime Defence Lawyers. Karen has been named for several years to the Top 250 Women in Litigation, a publication honoring the achievements of female lawyers in litigation practices in the United States. The recipient of the “First Annual Transformative Leadership Award” given by InsideCounsel Magazine in 2010, Karen also was the 2006 recipient of the “Star of the Bar” award by the Women’s Bar Association of the District of Columbia. She received the Thurgood Marshall Award given by the New York City Bar Association.
A frequent speaker at national conferences and before various other groups, Karen has provided legal commentary on CNN, Fox News and NPR, and served as a consultant on the television show The West Wing.
The breadth of Karen’s practice is reflected in the following sampling of her representative engagements.
Karen has been involved in numerous FCPA matters involving corporate activities in dozens of countries, and has represented:
- A major international oil company in internal and government investigations involving allegations of international bribery and violations of the FCPA in 30+ countries.
- Several major pharmaceutical companies in internal and government investigations arising from allegations of FCPA and OFAC violations in 20+ countries, and a biologics corporation in internal and government investigations of alleged FCPA violations in more than a dozen countries.
- A major defense contractor in an internal investigation relating to joint venture operations in the Middle East.
- A conglomerate corporation in a multi-country internal investigation and related government investigations.
- An international retail clothing store chain in several worldwide investigations relating to allegations of FCPA violations, other bribery, fraud and compliance policy violations.
- A national non-profit organization relating to allegations of violating FCPA, OFAC and other laws and compliance rules relating to international operations, and in Congressional, OIG, DOJ and state AG investigations relating to fraud.
- A KBR executive in the DOJ/SEC investigations of FCPA violations by KBR/Halliburton.
- Several major corporations and financial entities in building compliance programs and conducting proactive FCPA risk assessments with remedial steps and compliance due diligence on M&A and joint venture transactions.
Other Internal & Government Engagements
Karen regularly assists corporations facing internal and government investigations. Among those she has represented are:
- A major technology company in an internal investigation relating to accounting irregularities in foreign operations.
- A major food distribution corporation in a S.D.N.Y. investigation, as well as internal investigations involving allegations of bribery, antitrust violations, unfair trade practices, kickbacks, employment discrimination and other violations of company ethics and compliance policies.
- A national real estate holding company in several internal investigations involving allegations of bribery, tax and accounting fraud and executive misuse of corporate assets.
- A transportation company in several internal, federal and state investigations relating to bribery and fraud.
- A national electronic services corporation in an internal investigation arising from allegations of fraud and other commercial wrongdoing.
- An international retail corporation in an internal investigation relating to stock option grants, and a national department store corporation in internal, SEC and DOJ investigations into allegations relating to securities fraud and accounting irregularities.
- A monoline insurance corporation in several internal investigations relating to allegations of market manipulation through cybersmearing by company executives and employees and a separate investigation into alleged fraud and other misconduct by an officer of the company.
- Major pharmaceutical corporations in internal, DOJ and State AG investigations of alleged fraud, kickbacks, qui tams and other violations of the False Claims Act.
- A labor-related company in investigations by the SEC, DOJ and Congress, among others, relating to alleged securities fraud and other commercial misconduct.
- A major psychiatric hospital corporation in several internal and DOJ investigations involving alleged kickbacks and False Claims, and in related litigation to stop the airing of a 60 Minutes II program based upon a hidden camera in one of the psychiatric hospitals.
Representative Engagements by Individuals
Karen also represents individuals facing a government investigation or other allegations of wrongdoing. She has represented:
- Senior financial officer of McKesson HBOC in the accounting irregularity investigation by the SEC and DOJ.
- The CEO of an international animal medicine corporation in an investigation by the SEC and DOJ into alleged securities fraud.
- The president of a healthcare company relating to allegations of fraud and False Claims.
- The CEO of a transportation company in a perjury investigation.
- A dozen employees of a major technology corporation relating to an investigation by the SEC and DOJ for alleged securities fraud.
- A major national bank executive in the municipal bond market antitrust investigation by DOJ and the SEC.
- A partner of a major accounting/consulting firm in a criminal and civil investigation by DOJ for work as a consultant to a hospital corporation.
- An investment banker in a SEC and NASD investigation relating to alleged securities fraud.
- An executive of a major national bank in the market timing investigation conducted by the NY State Attorney General.
- Employees of a global investment firm in a federal and state corruption investigation of the state Governor and Treasurer.
- A senior government official in the Countrywide bank loan investigations by DOJ, Congress and OIG.
- An FBI official in the federal leak investigation and civil litigation relating to the anthrax investigation after 9/11.
- A senior government official regarding fraud, misuse of government property, and other alleged misconduct; represented another senior government official regarding allegations of kickbacks.
Before joining Sidley, Karen served as Associate Counsel to the President of the United States, where she advised President Clinton and the White House staff on Congressional and grand jury investigations and domestic policy issues. She worked with Senior Administration officials at various federal agencies and Congressional members and staffs on the Administration’s policy initiatives.
Prior to joining the White House, Karen served in the Office of Legal Counsel at the U.S. Department of Justice where she advised Attorney General Janet Reno and the Department, the White House and other agencies of the Executive Branch on a wide range of legal matters. Before moving to Washington, D.C., Karen was an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Eastern District of New York, where she prosecuted RICO and other charges involving fraud, bribery, extortion, tax evasion, money laundering, obstruction of justice, witness tampering and perjury.
Karen was a commercial litigator in New York City for five years before joining the government. While on Wall Street, she represented corporations and investment banking firms in a wide range of litigation matters, including securities fraud and hostile corporate takeovers.
Karen graduated cum laude from the University of North Carolina School of Law, where she served as an editor on the North Carolina Law Review and was a member of the Order of the Coif. Upon graduation from law school, Karen clerked for the Honorable Sam J. Ervin III of the U.S. Court of Appeals for the Fourth Circuit. She received her undergraduate degree from the University of North Carolina at Charlotte, where she graduated cum laude, and thereafter studied law at Oxford University before attending law school at UNC.
- Co-Author, Business and Commercial Litigation in Federal Courts, Third Edition (2012)
- Co-Author, Defending Federal Criminal Cases, Attacking the Government’s Proof (Chapter 3) (2012)
- Co-Author, “Dropping the Blinders from the Government’s Willful Blindness Standard: Global-Tech Appliances v. Seb,” Benchmark Litigation (2011)
- Co-Author, Inside the Minds: White Collar Law Client Strategies chapter on “Strategies for White Collar Representation” (2007)
- The Impeachment of President Clinton: An Ugly Mix of Three Powerful Forces, Duke Law and Contemporary Problems (Winter/Spring 2000)
- “Search Warrants, Seizing Electronic Data,” The National Law Journal, (November 20, 2000)
- A View From the White House, St. Peter’s College Record, Oxford University (2000)
In addition to serving as global chair of Sidley’s White Collar practice, Karen is a member of the firm's Executive Committee, the firmwide Practice Development Committee and the Women’s Task Force. She also served for many years as the hiring partner for the D.C. office.
Karen currently serves as a member of the Planning Committee for the ABA Criminal Justice Section, Global White Collar Crime Institute 2015, which will be held in Shanghai, China, and is Chair of the Chief Compliance Officers’ Forum. She is Co-Founder and Chair of the Women’s White Collar Defense Association. She is also a Board Member of the Women in Law Empowerment Forum and serves on the Advisory Board for the Women’s Power Summit on Law and Leadership.
Karen holds several leadership positions at the University of North Carolina (UNC), serving as Chair of the Board of Trustees at UNC Charlotte, member of the Board for the Kenan Institute of Private Enterprise, member of the Board of Directors of the UNC Law School Alumni Association and Chair of the Chancellors’ Scholars Committee of UNC Law School.
Karen is a former member of the North Carolina Council for Women, a position to which she was appointed by the governor of the state. She also served on the faculty of the National Institute for Trial Advocacy and was a member of the Host Committee’s Steering Committee for the 2012 Democratic National Convention. Karen also previously served on the Advisory Board for Best Buddies International, Inc.
Karen is an active participant and role model in the communities of which she is a member. She is Chair and Co-Founder of the Women’s White Collar Defense Bar of Washington, D.C., and regularly serves on boards and committees. She previously served as a tutor to college-bound high school students and on the Advisory Board for Best Buddies International, Inc. Her work for improving the retention and advancement of women in the legal profession led to her being named a 2006 “Star of the Bar” by the Women’s Bar Association of Washington, D.C. and a Board Member of WILEF. Karen received the Thurgood Marshall Award given by the New York City Bar Association for her work in successfully defending an inmate on North Carolina’s death row.
Upcoming and Recent Speaking Engagements
- “Roundtable Discussion with the Government and Private Practitioners and Interactive Audience Polling,” PLI FCPA and International Anti-Corruption Developments 2015 Conference (New York, New York, May 5, 2015)
- “Heavily Paved Roads by Women in Leadership: Where do We Go From Here?” A Women’s Place, Co-sponsored by Charlotte Woman of the Year and Levine Museum of the New South (Charlotte, North Carolina, March 24, 2015)
- “Foreign Corrupt Practices Act Updates” and “Compliance Programs in Today’s Enforcement Climate,” 25th Annual Festival of Legal Learning (Chapel Hill, North Carolina, February 14, 2015)
- Chief Compliance Officers’ Forum, “Organizing the Compliance Function” (Lansdowne, Virginia, October 27, 2014)
- ABA Annual Meeting, “White Collar and China” (Boston, Massachusetts, August 9, 2014)
- World Bank IMF Annual Meeting, “World Crime Forum: The Impact & Cost of Corruption on Development and Global Business” (Washington, D.C., April 10, 2014)
- ABA Annual White Collar Conference, “Sentencing Strategies in White Collar Cases” (Miami, Florida, March 6, 2014)
- ABA Annual White Collar Conference, “Women in White Collar in Today’s Global Corporate Community” (Miami, Florida, March 5, 2014)
- “FCPA Compliance Roundtable Discussions,” The Global Anti-Corruption Congress (New York, New York, October 29, 2013)
- “FCPA Compliance Training Strategies to Ensure Your Message Permeates All Levels of the Organization,” The Global Anti-Corruption Congress (New York, New York, October 29, 2013)
- “The Challenges of Document Collection, Data Dissemination, and Employee Contacts During International Internal Investigations,” 2013 International White Collar Crime Conference, hosted by the ABA and City of London Law Society (London, October 7, 2013)
- “Survival of the Fittest: Thriving in a Culture of Change,” Women in Law Empowerment Forum (Washington, D.C., June 4, 2013)
- “Designing an Effective Anti-Corruption Audit Methodology Specifically Tailored to the Life Sciences Business Model,” ACI Annual Anti-Corruption Conference for the Life Science Industry (New York, New York, May 14, 2013)
- “Hot Topics Relating to the FCPA,” American Chemistry Council Legal Network Meeting (Washington, D.C., May 2, 2013)
- Women’s Power Summit on Law and Leadership, Univ. of Texas Center for Women in the Law (Austin, Texas, April 10-12, 2013)
- “Global Regulatory Developments Impacting Multinational Companies – How to Protect Your Company,” Sidley Austin LLP (Hong Kong, March 18, 2013 and Singapore, March 20, 2013)
- “Sentencing Strategies: Advocacy in White Collar Cases,” ABA Annual National Institute on White Collar Crime (Las Vegas, Nevada, March 6-8, 2013)
- “Bribes without Borders: The Challenge of Fighting Corruption in the Global Context,” American University International Law Review symposium (Washington, D.C., February 12, 2013)
- “Recent Developments in FCPA and Global Anti-Corruption Issues,” Charlotte Area Ethics and Compliance Officers Network (Charlotte, North Carolina, January 23, 2013)
- “FCPA Compliance Programs and Assessments,” General Counsel Forum of the National Retail Federation (New York, New York, January 16, 2013)
- “Advising the Board and Management on Risk Management and Compliance,” Chambers General Counsel Seminar (New York, New York, January 15, 2013)
- “Hot Topics Relating to the Foreign Corrupt Practices Act,” American Chemistry Council Seminar (December 5, 2012)
- “Adjusting to the “New Normal: Ethical Challenges for In-House and Outside Counsel,” William Friday Center of Learning (Chapel Hill, North Carolina, October 26, 2012)
- “Conducting Third-Party Vetting in Compliance with Local Laws,” ABA Annual FCPA Conference (Washington, D.C., October 19, 2012)
- “Anti-Corruption Law: Foreign Corrupt Practices Act,” Annual Organization for International Investment (OFII) General Counsel Conference (Washington, D.C., October 15, 2012)
- “Fearless Leadership: Maintaining Ethics No Matter How High the Risk,” sponsored by the Mecklenburg County Bar (Charlotte, North Carolina, August 16, 2012)
- “UK Deferred Prosecution Agreements,” Consultation Conference (London, July 10, 2012)
- “How to Avoid Common Internal Investigation Pitfalls That Can Lead to Prosecution,” ACI Annual Anti-Corruption Conference in the Life Science Industry (New York, New York, May 2012)
- “White Collar Basics: Sentencing in White Collar Cases,” ABA National Institute on White Collar Crime (Miami Beach, Florida, February 2012)
- “Organizational Guidelines,” U.S. Sentencing Commission Annual Conference (San Diego, California, May 2011)
- “International Sanctions,” Reinsurance Association of America 2011 Current Issues Forum (Philadelphia, Pennsylvania, May 2011)
- “When Government Comes Knocking: Immediate Steps to Take When You Receive Notice That Your Company is Being Investigated,” ACI Annual Anti-Corruption Conference in the Life Science Industry (New York, New York, May 2011)
- “Rising Trends in Health Care Fraud and Enforcement,” ABA National Institute on White Collar Crime (San Diego, California, March 2011)
- “FCPA Enforcement, the Sequel: Raids, Special Ops, & Undercover Moles at Your Doorstep,” MCCA 2011 CLE Expo (Chicago, Illinois, March 2011)
- “Global Compliance and Enforcement: FCPA and Other Anti-Corruption Law Developments,” 2011 Festival of Legal Learning (Chapel Hill, North Carolina, February 2011)
- “FCPA and Anti-Corruption for Life Sciences Companies,” ACI (New York, New York, May 2010)
- "FCPA Enforcement Initiatives in the Pharmaceutical Industry," Sidley Austin LLP (Washington, D.C., December 2009)
- “What Retailers Need to know NOW About the U.S. Foreign Corrupt Practices Act,” Retail Industry Leaders Association & Sidley Austin LLP Webinar (December 2009)