Page 21 - The American Lawyer Trailblazers - South 2022

Washington, D.C.

Charles E. Duross

Morrison Foerster

What was the genesis of the idea/path that has made you a trailblazer?
A mix of luck, timing and hard work. I had been a federal prosecutor for five years in Miami, and I had never even
heard of the Foreign Corrupt Practices Act (FCPA). A number of Miami prosecutors had moved to the Fraud Section
in D.C., and in 2006 a friend called me asking if I was interested in moving back to D.C. That chance call changed
the trajectory of my career. Then, I arrived just as there was a need to replace the lead Fraud Section prosecutor on
the prosecution of a Member of Congress for violating the FCPA – the first and only such case in history. I was then
fortunate through hard work and great colleagues to improve the approach to FCPA enforcement with greater
consistency in resolutions and stronger relationships with foreign law enforcement agencies. And that work has
continued exponentially since I entered private practice with great prosecutors continuing that important work.
What sort of change has resulted from the concept?
Today, I think the Department of Justice and the Securities and Exchange Commission remain the leading enforce-
ment agencies combating corruption in international business transactions. When it comes to combating corrup-
tion, countries look to the DOJ and SEC for innovation, insights and leadership.
What bearing will this have on the future?
As a product of robust enforcement, we have seen substantial enhancements to corporate compliance programs
around the world. And while there needs to be more, there is also increased accountability for corrupt govern-
ment officials and a growing international consensus of the harms wrought by corrupt transnational business
transactions. Given the talent, resources and commitment, DOJ and SEC will continue to drive change and in-
crease accountability across industries and continents.

Fran Faircloth

Ropes & Gray

What was the genesis of the idea/path that has made you a trailblazer?
Early in my career, I was part of the team that represented the independent Cybersecurity Review Committee of the
Yahoo! Board of Directors, investigating data breaches that were disclosed in 2016. The breaches exposed names
and other personal information for more than one billion Yahoo! accounts. The fallout illustrated how cyberattacks
can thrust companies into the competing roles of crime victim, regulatory enforcement target and civil litigant.
Being part of that investigation made it clear that business executives and corporate boards need trusted partners
that they can look to for help with privacy and cybersecurity issues, and I wanted that person for my clients.
What sort of change has resulted from the concept?
A few years ago, privacy and cybersecurity were primarily the concern of companies that handled large amounts
of consumer or patient data. The widespread adoption of remote working following the Covid-19 pandemic in-
creased the necessity for cloud-based services and remote infrastructure drastically, with security implications for
all organizations. Every company is now a data company regardless of the nature of its business.
Ropes & Gray understands the importance of advising clients on data governance, opportunistic cyber-attacks,
ransomware and contact tracing technologies. I am fortunate to work with partners across all our practice
groups—from life sciences to asset management and private equity—to help our clients with complex data, pri-
vacy and cybersecurity issues.
What bearing will this have on the future?
Cybersecurity is an ongoing arms race. The threats and defenses are constantly evolving as people find new and
innovative ways to use data and technology. I am excited to see how this industry will grow alongside emerging
technologies like machine-learning and blockchain, and the challenges and opportunities the future will bring.

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