As countries open their borders to global business and investment by private, public and sovereign enterprise, so too do they open themselves up to the quid pro quo enforcement of multilateral government regulations and sanctions. And, so too must the enterprises doing business within those borders comply with such multilateral obligations, lest they be the target of a government investigation.
Our Government Investigation & White Collar Practice offers formidable and highly organized resources around the globe to effectively represent clients faced with potential investigations and any parallel civil and criminal prosecution.
Why choose us
Using our formidable global resources, insight into government and geographic presence, we are able to quickly identify the appropriate team to handle all phases of an investigation, any subsequent Congressional inquiries or civil or criminal actions, including class and multijurisdictional mass actions, while at the same time help clients focus on future developments, whether regulatory or legislative in nature.
An Experienced Team
- Includes former senior-ranking litigation and trial lawyers who honed their skills inside US Attorney Offices and the US Departments of Justice (DOJ), Homeland Security and Treasury, among other US agencies.
- Involved in four of the 10 largest DOJ Foreign Corrupt Practice Act (FCPA), UK Bribery Act and Anticorruption investigations, including as Monitor in one of the largest FCPA matters.
- Involved in the defense of civil, criminal and regulatory matters in courts around the country, as well as before numerous agencies and forums, including before courts, Congress and regulatory agencies.
Government Policy and Regulatory Insight
Complementary insight and counsel from former US Ambassadors, US Senators and former senior ranking members of the Federal Deposit Insurance Corporation (FDIC), Commodity Futures Trading Commission (CFTC), Office of the Comptroller of the Currency (OCC) and other government agencies.
On-the-Ground Presence, Globally
Government Investigation & White Collar resources, spanning 21 countries, and fluent in more than 20 languages. Our team is familiar with the local customs, courts and regulatory legislative bodies, which is often a help in the defense against governmental actions.
Swiftly addressing sanctions, investigations and litigation, practically anywhere in the world, including in Africa, the Middle East, Asia Pacific and Latin America.
The US Department of Justice (DOJ), in alliance with other government agencies, is orchestrating and involved in highly coordinated, parallel or multi-agency investigations, which are often brought in different forums that span multiple jurisdictions across the globe. More and more often, such investigations are migrating from one forum to another: sometimes having their genesis in US Congressional investigations followed by enforcement or criminal proceedings spurred on by hearings before Congress.
With even greater frequency, such government investigations, regardless of where in the world they originate, breed civil law suits, particularly in the US, inspired by resultant precipitous stock drops, allegations of criminal wrong-doing or other types of victimization.
In this increasingly complex and regulated, global business environment, multinational and global business enterprises, financial intermediaries and even government and sovereign entities must be scrupulous about how they balance innovation and investment with compliance, and have the most exceptional government investigation and white collar counsel at hand who can quickly and deftly address all of these issues.
- Foreign Corrupt Practice Act (FCPA), The UK Bribery Act and Other Statutes Directed at Global Corruption
- Corporate Governance, SEC, CFTC and the Defense of Directors and Officers
- Financial Institutions
- Government Contracting
- Congressional Investigations
- Professionals, including Accountants, Auditors and Lawyers
We work closely with our clients’ in-house counsel to address government inquiries and investigations from three standpoints:
Assess – Compliance and Ethics Programs
Assess existing policies and procedures and determine whether there is some deficiency or conduct that could give rise to liability on the part of a client, any of its officers or employees, or even liability on the part of the board of directors.
Respond – Alleged Violations and Investigations
Respond to claims of misconduct or regulatory violations even before they are reported to government officials in order to determine whether an independent investigation is warranted and, if so, whether any corrective action should be taken.
Coordinate investigations between or among different agencies or governments, including in hearings before legislative bodies, regulatory agencies and grand juries.
Respond to subpoenas, civil investigative demands or other requests for information, including taking steps to ensure that all documents and information are secured through an appropriate “litigation hold,” and electronic discovery is managed appropriately and in a cost-effective manner. Where we represent clients that typically find themselves responding to third party subpoenas and requests for information, we have counseled them in setting up data and document banks that will ease the burden of future discovery requests.
Defend – Administrative, Civil and Criminal
Defend clients in grand jury proceedings, including mounting an aggressive defense in order to minimize the likelihood that charges will be brought or for use at trial in those cases where indictment is inevitable.
Defend administrative enforcement actions or investigations brought by any number of banking or other regulatory agencies, including defending policies and procedures employed by the client.
Defend any derivative class actions seeking damages or injunctive relief.