Comprehensive Counsel
Investigations
We conduct investigations to position the client to understand and navigate regulatory and compliance risks and potential collateral consequences that could flow from any substantiated misconduct, involving corruption, fraud of any kind, antitrust/competition, money-laundering, privacy, cybersecurity and data privacy, environmental, sanctions and export controls and a variety of other regulatory and enforcement risk areas. Our team conducts independent internal investigations on behalf of corporate management, boards of directors and audit or special litigation committees, and represents clients before government and regulatory agencies in defense of threatened enforcement actions. We staff these matters with a diverse team of seasoned criminal defense and compliance lawyers whose prior government, investigative and in-house experience make them the optimal choice to navigate a company’s most perilous issues and crises.
Government Investigations. We routinely defend companies under investigation by the DOJ, SEC, CFTC and other federal agencies, as well as various state attorneys general and foreign authorities, including the UK Serious Fraud Office, France’s Agence Française Anticorruption, the Comptroller General of Brazil, the Hong Kong Monetary Authority, Hong Kong Securities and Futures Commission, Monetary Authority of Singapore and dozens more worldwide. We navigate companies through these investigations, and quarterback crisis management of any collateral public relations, civil or regulatory issues. We ensure proper document preservation, collection, review and production, interview witnesses and partner with forensic accountants and analysts. We help clients fulfill fiduciary obligations, address board and shareholder concerns, develop and execute remediation plans and address the many other aspects of representation during a government investigation.
Cross-Border Investigations. Working seamlessly with our partners around the world, we advise on the potential global ramifications of cross-border investigations in areas such as data privacy, state secrets, attorney-client privilege, employment and the interplay of foreign and domestic laws.
Litigation
We have collectively tried hundreds of criminal cases both as prosecutors and defense lawyers, with an outstanding record of success in state and federal courts and jurisdictions around the world. In addition, we represent clients in complex civil litigation arising under federal and state securities laws spawned by, and related to, criminal investigations. Frequently, we are retained near the culmination of an investigation to assess litigation risks and develop pre-emptive strategies, to defend against enforcement proceedings or to negotiate favorable settlements.
We have negotiated with and litigated extensively—and successfully—against the government. We are skilled negotiators familiar with the issues that drive government investigations and the factors that influence prosecutorial decision-making, using our substantial trial and investigative experience, which provides real value in negotiations. We have convinced many prosecutors that criminal charges should not be brought or negotiated outcomes more favorable than those originally proposed by the government.
Compliance
We have deep experience testing, designing and implementing compliance programs for publicly-listed and privately held companies across industries, around the globe, and at all stages of maturity. We identify the opportunities to improve in clients’ compliance programs and business activities to mitigate risk and to meet the current regulatory landscape and increasingly aggressive enforcement efforts of prosecutors and regulators.
Using our insider knowledge about how prosecutors apply criminal law to alleged business crimes, we work with clients to undertake compliance audits and draft, implement, monitor and improve policies and procedures, training and compliance plans to minimize the likelihood of regulatory violations and litigation.
White collar defense matters encompass a wide range of regulatory and statutory requirements, each with their own unique enforcement aspects.
