Shrutih V. Tewarie

Partner, Co-Chair, Trade Sanctions & Export Controls Practice - New York

Shrutih Tewarie
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Shrutih Tewarie is a partner in Foley Hoag’s Litigation and White Collar departments, and serves as the Co-Chair of the firm’s Trade Sanctions and Export Controls practice. 

Shrutih represents national and international entities, and their officers, directors and others in a variety of criminal and regulatory investigations, including grand jury investigations, in matters involving allegations of government contracting and health care fraud, bribery, violations of the False Claims Act, and in anti-corruption, trade sanctions, export controls and anti-money laundering matters.  She is skilled at helping clients navigate and defend against investigations and formal and informal inquiries by a wide range of governmental authorities, including the U.S. Department of Justice, U.S. Attorney’s Offices, the U.S. Departments of Treasury and Commerce, and the U.S. Securities and Exchange Commission.

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Education:

  • Cornell Law School, J.D., 2012
  • Tufts University, B.S. in Quantitative Economics and International Relations, cum laude, with high distinction honors, 2009

Languages:

Dutch, German, Hindi, French

Representative Experience

Business Crimes and Investigations

  • Represented employees of a global firm in Department of Justice criminal investigation, including responding to subpoenas and preparing clients for interviews.
  • Representing co-founder of cryptocurrency exchange and derivative trading platform in criminal proceedings brought by the U.S. Attorney’s Office for the Southern District of New York concerning alleged Bank Secrecy Act violations.
  • Defended Chief Executive Officer of an affiliate of a global financial institution in a federal anti-money laundering controls investigation. 
  • Represented specialty chemicals manufacturer in investigation brought by the Terrorism and International Narcotics Unit of the U.S. Attorney’s Office for the Southern District of New York.
  • Represented Chief Executive Officer of global manufacturing company in Foreign Corrupt Practices Act investigation involving alleged bribery of foreign officials in India.
  • Conducted internal investigation for technology company concerning alleged kickbacks provided in violation of the Foreign Corrupt Practices Act in the Middle East.
  • Conducted internal investigation for extractive sector client concerning alleged human rights abuses that occurred at company’s operations in South America.
  • Defended Chief Operating Officer of a provider of behavioral health care services in government investigation involving alleged False Claims Act violations.
  • Conducted an internal investigation for a medical diagnostic company concerning potential violations of the federal Stark and Anti-Kickback laws.

Trade Sanctions & Export Controls

  • Represented Open Society Justice Initiative and four law professors in litigation against the U.S. government over executive order authorizing sanctions and civil and criminal penalties for individuals and entities supporting the International Criminal Court. Obtained preliminary injunction prohibiting government from enforcing civil or criminal penalties. 
  • Conducted internal investigation concerning potential trade compliance violations at scientific device company with a foreign parent company, advised on compliance improvements and drafted voluntary self-disclosure to government, with successful result of no government action. 
  • Advised Central American companies regarding compliance with U.S. trade sanctions; prepared and successfully obtained requests for interpretive guidance and represented companies in interactions with OFAC and the U.S. State Department. 
  • Advised Fortune 50 retailer regarding various trade compliance matters, including assisting the company address challenges related to its global supply chain.
  • Serving as cross-border compliance counsel to U.S. medical device company; advised on compliance with trade sanctions and export controls, including in connection with company’s partnership and dealings with manufacturers, distributors and other entities in Asia and Europe.
  • Advised French financial institution regarding compliance with Iran sanctions program.
  • Advised international energy company regarding compliance with Russia/Ukraine sanctions program.
  • Represented Chief Executive Officer of global defense company in criminal proceeding and investigation involving alleged violations of European and U.S. export control laws.
  • Developed sanctions and anti-corruption training for natural gas transmission system operator in Greece.
  • Developed trade sanctions and anti-corruption compliance policies for companies across various sectors.
  • Advised investment adviser regarding compliance with Syria and Russia/Ukraine sanctions programs.

Litigation and Arbitration

  • Louis Dreyfus Armateurs SAS v. Republic of India. Counsel to India in UNCITRAL arbitration under the India – France bilateral investment treaty arising from a contract concerning the supply and operation of cargo handling equipment in the Indian State of West Bengal, resulting in India’s first win in an investment treaty dispute. In the final award, the Tribunal not only dismissed all claims, but also awarded India $7.2 million in costs.
  • Representing the Metropolitan Municipality of Lima in a U.S. federal court action to vacate a $66 million arbitral award issued to an infrastructure company owned by the Brazilian conglomerate Odebrecht following a dispute over a road construction project. The case involves corruption issues related to the Lava Jato matter. 
  • Served as national counsel to major manufacturer defending against product liability claims across the country, including in New Jersey, Mississippi, Texas, California, Illinois, Missouri, Ohio, Wyoming, Maryland, New York, Pennsylvania, Delaware, Massachusetts, Rhode Island, Michigan, West Virginia, Iowa, Washington and Connecticut; secured numerous dismissals and summary judgments; resulted in no plaintiff recoveries.
  • Representing French and Luxembourg banks in Madoff-related lawsuit in New York.
  • Representing European high tech company in an ICC arbitration involving breach of contract and misappropriation of trade secrets claims arising from a license and know-how agreement.
  • Represented hardware and software company in IP infringement and breach of contract litigation in federal district court.
  • Represented a national publishing company in a trademark counterfeiting and copyright infringement litigation, resulting in multimillion-dollar judgment for client.
  • Defended a variety of multinational corporations, state-owned entities and their officers in U.S. court litigation involving breach of contract, fraud, intellectual property and tort claims.
 
  • "Litigation and Enforcement in the United States: Overview," Practical Law Dispute Resolution Global Guide: U.S., Thomson Reuters (May 2021)
  • Editor, Foley Hoag Cross-Border Compliance Update (2019- Present)
  • “Impact of coronavirus (COVID-19) on commercial arbitration in New York,” LexisNexis (June 2020)
  • “Lessons From SEC's Bribery Claim Against Ex-Goldman Exec,” Law360 (May 2020)
  • White Collar Year in Preview: Sanctions/Export Controls Trends in 2020,” Foley Hoag White Collar Law & Investigations Blog (January 2020)
  • "White Collar Year in Preview: Anti-Corruption Trends in 2020,” Foley Hoag White Collar Law & Investigations Blog (January 2020)
  • “Law and Practice” Chambers Global Practice Guide – International Arbitration, Second Edition, (2019) 
  • Book Review, Oppenheim’s International Law: United Nations, Volume I & II, American Journal of International Law, Volume 113, Issue 5 (2019) 
  • International Trade and Social and Environmental Responsibility; Benchmarks to Standards, Lamy International Contracts, September 2018
  • Foley Hoag LLP Product Liability Updates, Associate Editor (2016 – 2019) 
  • “A New Legal Framework for the Enforcement of Settlement Agreements Reached through International Mediation: UNCITRAL Concludes Negotiations on Convention and Draft Model Law," European Journal of International Law Blog (EJIL: Talk!), April 23, 2018
  • "Bridging the Cultural Gap in International Arbitrations Arising From FCPA Investigations," Fordham International Law Journal, Volume 39 (April, 2016)
  • Massachusetts chapter, Business Torts: A Fifty-State Guide, 2016 and 2017 Editions (Wolters Kluwer Law & Business)
  • “First Circuit” chapter, Class Action Compendium, The Defense Research Institute (publication pending)
  • "Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?" The Licensing Journal, Volume 34, No. 5 (2014)
  • "Best Practices in Preventing Fraud and Corruption in a Global Business," Lex Mundi Practice Guide (2014)
  • "New Rule, Old Requirements: The New FINRA Suitability Rule Codifies Pre-Existing Industry Standards," Public Investors Arbitration Bar Association (PIABA) Journal, Volume 19, No. 2 (2012)

Foley Hoag Alerts & Updates

Honors

  • Super Lawyers New York, Rising Star 2020-2021 
  • Named to Lawyers of Color "Hot List," recognizing attorneys of color excelling in the legal profession
  • Cornell Journal of Law and Public Policy, Articles Editor
  • High Distinction Honors for Undergraduate Thesis ("A Comparative Study of Merger Antitrust Policies in the EU and the US: Is Convergence Possible?")
  • Sigma Iota Rho International Relations Honors Society
  • Tufts Honos Civicus latin honors for academic and civic excellence

Involvement

  • Vice-Chair, American Bar Association International Law Section, International Anti-Corruption Committee 
  • Member, ABA Export Controls & Economic Sanctions Committee
  • Member, Massachusetts Export Center Compliance Alliance
  • Member, New York City Bar Association
  • Member, Boston Bar Association
  • Member, New York State Bar Association
  • Former Co-President, American Constitution Society for Law and Policy - Boston Lawyer Chapter
  • Former Board Member, South Asian Bar Association of Greater Boston
  • Former Board Member, Massachusetts Bar Association Young Lawyer’s Division
  • “Restricted Party List Trends & Best Practices,” Speaker, Massachusetts Export Center Training Series (April 9, 2021)
  • KYC For Today’s Global Business Environment” - Speaker, Massachusetts Export Center Webinar, (October 8, 2019)
  • “Sanctions Update” – Presenter; Massachusetts Export Center Biennial Export Regulatory Compliance Update (June 14, 2018) 
  • Panelist, "Celebrating 15 Years – Past NASALSA Board Members," Columbia Law School, North American South Asian Law Student Association Conference (February 2013)
  • Moderator, "Careers in Litigation," New York University Law School, North American South Asian Law Student Association Conference (February 2012)
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Bar Admissions

  • Massachusetts
  • New York

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York