The former U.S. Attorney for the District of Maryland shared insights from his experience managing the risks associated with doing business globally.
Thomas DiBiagio, partner at international law firm Baker Botts LLP, discussed the risks involved with conducting business around the world to a packed audience of students, faculty and community members in the LaRose Digital Theatre on April 15.
DiBiagio discussed a couple of high-profile cases that emerged when corporations acted unethically and the motivations that led to those decisions. He highlighted the recent Volkswagen scandal, whereby VW chose to manipulate emission statistics, as well as the BP oil spill, in which management’s decisions to cut corners led to deaths and severe environmental damage.
DiBiagio’s lesson for the audience was simple. “Make the ethical decision or you’ll pay the consequences in the long-run,” he said.
Additionally, DiBiagio spoke about his experience working as an independent counsel for corporate fraud, antitrust and corruption cases. He discussed the differences between actions of U.S. firms domestically versus abroad.
One such experience involved clients who believed bribing officials abroad is acceptable practice since other companies in those regions engage in such behavior. DiBiagio advised his clients to be “straightforward, truthful, and above all, always ethically sound.”
He also gave examples of cases wherein his advice was disregarded because it was not the advice management wanted to hear. DiBiagio described how essential it is to communicate the big picture to clients.
Sometimes corporations may want to take steps that are actually detrimental to what the company is trying to achieve, he explained.
At the conclusion of his presentation, DiBiagio fielded questions from the audience regarding specific cases and key lessons. He reiterated his personal integrity as one of the key characteristics that has allowed him to be successful as an independent counsel in the management of global business risks.
DiBiagio is a seasoned civil and criminal trial lawyer and litigator with more than 30 years of experience before federal and state courts, covering a wide range of areas including commercial litigation, environmental litigation and corporate criminal defense. In 2001 DiBiagio was appointed U.S. Attorney for the District of Maryland by President George W. Bush, where he spearheaded efforts against violent drug gangs, public corruption and corporate fraud. Under his leadership, the U.S. Attorney’s Office prosecuted significant public corruption, corporate fraud and major violent crime and drug trafficking cases. From 1991 to 1999, DiBiagio served as an Assistant U.S. Attorney and tried numerous cases in the area of financial frauds, money laundering, drug trafficking and violent crime. He has published numerous articles on Federal criminal law and has been an instructor in constitutional law at the United States Naval Academy.