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Herbalife Agrees to Pay $123 Million to Settle Charges Related to 10-Year Bribery Scheme in China

Herbalife Nutrition Ltd.’s (“Herbalife”) recent settlement of bribery allegations demonstrates the U.S. government’s continuing focus on China and the critical role that board members and senior management of multinationals play in overseeing compliance globally. On August 28, 2020, Herbalife Nutrition Ltd. (“Herbalife”) agreed to pay the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”) more than $123 million in penalties and disgorgement to resolve bribery allegations in China. The settlement resolves a long-running probe in which two former executives of Herbalife’s Chinese subsidiary were indicted on criminal charges in November 2019. The resolution is one of many recent noteworthy enforcement resolutions targeting the operations of multinationals in China.

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Legal Advice Privilege – HK Court of Appeal Steers Away from Three Rivers


Time to Read: 1 minutes Practices: Government Enforcement / White Collar Criminal Defense

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On June 29, 2015, the Court of Appeal of the HKSAR handed down an important judgment relating to legal advice privilege. 

The Court of Appeal decided to adopt the “dominant purpose test” when considering whether legal advice privilege should attach to a document that disagrees with the restrictive definition of “client” adopted by the English Court of Appeal in the case of Three Rivers (No.5)

Consequently, whether legal advice privilege applies to an internal confidential document depends on whether it was produced or brought into existence with the dominant purpose that the document or its contents be used to obtain legal advice. The judgment is likely to be broadly welcomed in the in-house legal community. 

The case is Citic Pacific Limited v. Secretary for Justice CACV 7/2012, and the judgment is available on the Hong Kong Judiciary website here.


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