Tewarie

Shrutih Tewarie

Partner
Co-Chair, International Trade & National Security and Reproductive Health Practices
New York

I represent clients in high stakes investigations, disputes and compliance matters, and help them achieve their goals wherever their business takes them.

Shrutih Tewarie defends clients in criminal and regulatory investigations involving cutting-edge legal issues ranging from government contracting and health care fraud, to reproductive healthcare, bribery, anti-corruption, and international trade and national security matters. She also advises clients on a range of regulatory and corporate compliance issues, and has obtained victories for clients in high stakes disputes before U.S. courts and international tribunals. She has been published nationally and internationally, quoted by various media outlets including the American Lawyer, the Boston Globe, and Law360, and serves as Co-Chair of the ABA Section of International Law’s Anti-Corruption Committee.

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, reproductive healthcare issues, bribery, violations of the False Claims Act, and in anti-corruption, and international trade and national security 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, the U.S. Securities and Exchange Commission, and various State Attorney General’s Offices. She also regularly assists clients with designing and implementing compliance policies and programs, and counsels clients on a range of regulatory and corporate compliance issues.

As co-founder and Co-Chair of the firm’s Reproductive Health practice, she defends clients in investigations and other government inquiries concerning reproductive healthcare issues, and advises them on the development and implementation of policies and procedures arising out of abortion and other reproductive healthcare-related coverage.

As Co-Chair of the firm’s International Trade and National Security practice, Shrutih also has particular expertise in advising clients regarding compliance with U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) trade sanctions programs and regulations, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) Export Administration Regulations (EAR), and various anti- corruption regimes, including the U.S. Foreign Corrupt Practices Act (FCPA). She also advises companies regarding disclosures to government agencies, and assists clients in obtaining licenses and guidance from government agencies that implement and administer laws governing international trade.

Through her litigation practice, Shrutih also represents U.S. and foreign companies in complex civil litigation matters, including healthcare litigation and matters involving allegations of fraud and unfair trade practices, breach of contract, business torts, and intellectual property disputes. She also represents foreign sovereign governments and their instrumentalities in U.S. court litigation and international arbitration matters. 

Education

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

Bar and Court Admissions

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

Languages

  • Dutch
  • German
  • Hindi
  • French

Experience

WHITE COLLAR CRIME AND GOVERNMENT INVESTIGATIONS 
  • Representing national entity in developing strategy and defending against subpoenas and other inquiries from government agencies seeking reproductive healthcare data
  • Represented employees of a global firm in Department of Justice and other parallel government investigations, including responding to subpoenas and preparing clients for interviews.
  • Represented 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 global manufacturer in False Claims Act investigation arising out of sales to various federal and state government agencies 
  • 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 U.S. Foreign Corrupt Practices Act investigation involving alleged bribery of foreign officials in India.
  • 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.
  • Conducted internal investigation for technology company concerning alleged kickbacks provided in violation of the U.S. 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 Executive Officer of an affiliate of a global financial institution in a federal anti-money laundering controls investigation. 
INTERNATIONAL TRADE & NATIONAL SECURITY
  • Advised U.S. and non-U.S. companies regarding the Russia/Ukraine, Nicaragua, Venezuela, Cuba, Iran and other U.S. sanctions programs.
  • Advised investment funds regarding compliance with U.S. trade sanctions, including compliance with the Russia/Ukraine and Chinese Military Companies sanctions.
  • 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 those supporting the International Criminal Court. Obtained preliminary injunction prohibiting government from enforcing civil or criminal penalties. Litigation contributed to rescission of executive order by the Biden Administration.
  • 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 various companies regarding license applications and requests for interpretive guidance from OFAC and BIS, represented clients 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.
  • Served 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.
  • Represented the chief executive of a global manufacturer in connection with an investigation of alleged U.S. and European export controls violations.
  • Developed trade sanctions and anti-corruption compliance policies and trainings for companies across various sectors.
LITIGATION & ARBITRATION
  • Defended a variety of U.S. and multinational corporations, state-owned entities and their officers in U.S. court litigation involving breach of contract, fraud, intellectual property and tort claims.
  • 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; 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 technology 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.

Publications

  • "Oligarchs at Your Table: What U.S. Sanctions Mean for Entities With Ownership Interests Held by Sanctioned Persons”, Corporate Counsel (April 2022)
  • "Litigation and Enforcement in the United States: Overview," Practical Law Dispute Resolution Global Guide: U.S., Thomson Reuters (May 2021)
  • “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)
  • “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)
  • “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 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)
  • "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)
IN THE MEDIA

Foley Hoag Publications

Honors & Involvement

HONORS
  • Super Lawyers New York, Rising Star 2020-2022 
  • 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
  • Co-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

Speaking Engagements

  • “What Every Startup Needs to Know about Export Controls,” Speaker, Tech GC Roundtable (February 2022) 
  • “Restricted Party List Trends & Best Practices,” Speaker, Massachusetts Export Center Training Series (April 2021)
  • "KYC For Today’s Global Business Environment” - Speaker, Massachusetts Export Center Webinar (October 2019)
  • “Sanctions Update” – Presenter; Massachusetts Export Center Biennial Export Regulatory Compliance Update (June 2018)