Introduction

Dulce is a shareholder in Fredrikson & Byron’s Corporate Governance & Investigations Group and Chairs the Internal Investigations Group. Her practice includes guiding businesses, academic institutions, professional services firms and other organizations through internal regulatory and compliance investigations, from the preliminary investigation stages through any resulting criminal or civil litigation. She has helped clients investigate potential illegal business practices, evaluate the risks and benefits of voluntary disclosures to the government, and develop prospective and remedial compliance measures. She has also assisted clients victimized by employee fraud and theft investigate and develop potential civil claims and complaints to prosecuting authorities.

Education

• University of Minnesota Law School, J.D., 1998, magna cum laude
• Macalester College, B.A., Psychology, magna cum laude

Bar Admissions

• Minnesota, 1998
• U.S. Dist. Court for the Dist. of Minnesota, 2000
• Eighth Circuit Court of Appeals
• U.S. Dist. Court for the Central Dist. of Illinois, 2002
• U.S. Dist. Court for the Western Dist. of Wisconsin, 2006
• First Circuit Court of Appeals, 2009

Practice Areas

• Litigation
• White Collar & Regulatory Defense
• Corporate Governance & Investigations
• Health Care Fraud & Compliance
• Food, Drug & Medical Device Regulation
• Alternative Dispute Resolution
• Aging & Disability Providers
• Internal Investigations
• Appellate
• Foreign Corrupt Practices Act & Anti-Corruption
• False Claims Act Defense

Representative Experience

• Assisted a medical device company in connection with its acquisition of publicly-traded companies by conducting due diligence focused on the target companies’ compliance with the Foreign Corrupt Practices Act.
• Worked with the audit committee of a medical device company to investigate whether its employees may be using trade secrets taken from former employers. Developed an investigation report and recommendations to the audit committee regarding employee training and compliance on confidentiality and trade secrets.  
• Assisted a medical device company with investigating embezzlement against the company by an employee. Helped the company develop a civil lawsuit against the employee and worked on behalf of the company to assist prosecutors in developing a related criminal case.
• Conducted an internal investigation in the United States and Beijing, China on behalf of medical device company to evaluate whether its distributors had violated the Foreign Corrupt Practice Act. Produced a report to the client regarding our investigation findings and recommendations and developed a strategy concerning government disclosures.
• Conducted investigations on behalf of an academic institution to evaluate claims against an employee concerning possible research fraud, and developed reports for its academic review panel regarding the findings.
• Assisted an accounting firm in developing a report to government officials concerning trade secrets theft against the company by former employees.

Selected Publications & Presentations

• “Scratching a Niche,” Twin Cities Business Magazine, February 2012
• Presenter, “Global Anti-bribery and Corruption Laws: A Guide to Mitigating Legal Risk”, London, England, November 30, 2011
• Presenter, “Global Anti-bribery and Corruption Laws: A Guide to Mitigating Legal Risk”, Minneapolis, MN, November 16, 2011
• Presenter, “Strategies to Prevent, Uncover and Respond to Workplace Fraud,” Twin Cities Institute of Internal Auditors Roundtable, October 21, 2011
• “Who is a Foreign Official? Recent FCPA Litigation Sheds New Light,” FredALERT: White Collar & Regulatory Defense, May 12, 2011
• “Individuals Face Greater Risks in FDA Cases,” co-authored with Robert Klepinski, FredALERT: Life Sciences, November 19, 2010
• “Preserving Electronic Information: Avoiding Pitfalls,” co-authored with Oliver Fuchsberger, Minnesota Lawyer, October 11, 2010
• Presenter, MNACCA’s Advanced Internal Investigation Lunch and Learn, October 5, 2010
• “Whistleblower Windfall,” FredALERT: Internal Investigations, August 2010
• “Conducting Internal Investigations at Medical Device Companies,” Elsevier Webinar, July 27, 2010
• Panelist, Advanced Internal Investigations Seminar, June 16, 2010
• “A Tale of Two Companies: A Guide to Preserving Electronic Information in A Crisis,” co-authored with Oliver Fuchsberger, FredALERT: Internal Investigations, March 4, 2010
• “Off-label Marketing: Why hospitals and physicians should care about the FDA laws you thought were just for manufacturers,” Health Law Webinar, October 14, 2009
• “What Are They Thinking? The SEC Enforcement Manual And How it Can Help You in an Investigation,” FredALERT: White Collar & Regulatory Defense, March 4, 2009
• “Changes in Federal Policy on Prosecuting Corporations,” FredNEWS: White Collar & Regulatory Defense, October 2008
• “Pursuing the Predators: Regulators’ Response to Mortgage Fraud,” Bench & Bar of Minnesota, September 2007
• “Criminal Law Practice Tips for Civil Lawyers: What to do When the Feds are at the Door,” Minnesota State Bar Association Civil Litigation Section, January 25, 2007
• “Where Local Customs & the Law Collide: Conducting Business in Developing Nations Under the Foreign Corrupt Practices Act,” co-authored with John W. Lundquist, Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, September 2005
• “The Virtual Smoking Gun: The Role of Email in White Collar Cases,” Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, January 2005
• “Statute Under Fire: Why Both Prosecutors And Defense Attorneys Are Challenging Minnesota’s Election Law,” co–authored with John W. Lundquist, Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, July 2004
• “Transactions Involving the Government: What Cautious Companies Should Know About the Conspiracy Law,” Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, November 2003
• “Expungement: ‘We Won the Case, Now How Can I Clear My Good Name?’” Fredrikson & Byron’s White Collar & Regulatory Defense Focus Newsletter, January 2003
• Note, “Judge, Jury and Executioner: INS Summary-Exclusion Power Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996,” 82 Minn. L. Rev. 209, 1997

Professional Activities

• Federal Bar Association Minnesota Chapter, Executive Board Member
• American Bar Association Criminal Justice Section
• American Bar Association Business Law Section/White Collar Crime Committee
• Minnesota State Bar Association
• Minnesota State Bar Association Criminal Law Specialist Accreditation Committee
• Hennepin County Bar Association
• Eighth Circuit Bar Association
• National Association of Criminal Defense Lawyers
• Minnesota Association of Criminal Defense Lawyers
• Fredrikson & Byron, P.A., Foundation Board of Directors, Member 

Judicial Clerkship

• Honorable John R. Tunheim, U.S. District Court for the District of Minnesota, 1998-2000

Honors & Distinctions

• Advocates for Human Rights Special Recognition Award, 2009
• Awarded the 2008 Elmer H. Wiblishauser Author’s Award from the Minnesota State Bar Association Publications Committee
• Order of the Coif
• Minnesota Law Review
• Phi Beta Kappa
• Named a “Super Lawyer,” Minnesota Super Lawyers (formerly Minnesota Law & Politics)

Community Involvement

• Member, Federal Practice Committee, U.S. District Court, Minnesota
• Loan Repayment Assistance Program Board Member
• Eighth Circuit History Committee, District of Minnesota, Treasurer