United States > Litigation > White-collar criminal defense
Index of tables
White-collar criminal defense
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Leading lawyers
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- Elkan Abramowitz Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C.
- Robert Bennett Hogan Lovells US LLP
- Barry Berke Kramer Levin Naftalis & Frankel LLP
- Carey Dunne Davis Polk & Wardwell LLP
- Lawrence Pedowitz Wachtell, Lipton, Rosen & Katz
- Mark Pomerantz Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Lee Richards Richards Kibbe & Orbe LLP
- Samuel Seymour Sullivan & Cromwell LLP
- Brendan Sullivan Williams & Connolly LLP
- Dan Webb Winston & Strawn LLP
- Theodore Wells Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Mary Jo White Debevoise & Plimpton
At the forefront of the white-collar bar for many years, the ‘very strong’ Davis Polk & Wardwell LLP provides a ‘fabulous’ service to an impressive cadre of blue-chip corporates and financial institutions including AstraZeneca, Bank of America, BHP Billiton, JPMorgan, Philip Morris and Siemens. Although it is ‘less often leading a major trial’ than some of its peers, it has tremendous credibility before the regulators and is seen by clients as a go-to-firm, in particular for high-profile government-led investigations. Deeply entrenched in the financial services industry, the firm has had a leading role to play in major investigations and litigation relating to the subprime and financial markets crisis. In this regard, Raul Yanes is representing Morgan Stanley in connection with the Financial Crisis Inquiry Commission’s investigation. Having relatively recently returned to private practice following five-years in high-level positions in the Bush administration, Yanes is particularly accomplished at handling matters with a strong Washington DC component, as illustrated by his recent involvement along with Scott Muller for Patriot Coal in connection with an investigation into safety practices by the House Committee on Education and Labor. Muller is considered to be a particularly safe pair of hands for handling international cases within the FCPA arena, and following his involvement for Siemens on its high-profile FCPA investigation, is currently representing BHP Billiton in a major FCPA investigation. A former government prosecutor, the ‘superb’ Carey Dunne is now one of the most experienced members of the team following the recent retirement of the iconic Robert Fiske and is seen as a safe pair of hands in matters that involve parallel proceedings, often with a political angle. As well as representing Intesa Sanpaolo, a major European bank, in parallel criminal and civil investigations regarding alleged violations of US sanctions against Iran, Dunne is also representing a senior executive of defense contractor BAE in the much publicized US and UK corruption investigations. Other recommended partners include Linda Thomsen and Angela Burgess.
Spearheaded by the ‘amazingly good’ Mary Jo White and the ‘excellent’ Bruce Yannett, Debevoise & Plimpton’s white-collar team provides ‘expertise and judgment’ to clients involved in criminal and SEC investigations and litigation, as well as in parallel civil and administrative proceedings which frequently also arise. Active across the full suite of white-collar matters, including financial fraud, FCPA abuses and matters involving the pharmaceutical industry, the team is frequently the ‘first-name on our list if we have a major corporate crisis on our hands’, says one client. Based out of New York but with a significant presence in Washington DC, the practice has excellent credibility before the regulators by dint of a ‘superbly talented’ cadre of lawyers that includes no fewer than ten former assistant US attorneys, including Neil Eggleston who also served in the White House as associate counsel to the President. Regularly involved in some high-profile matters for corporates and individuals, as well as his involvement for a student loan industry leader in the States Attorneys’ General investigations into loan practices, Eggleston also recently represented a senior pharmaceutical executive in an “off-label” criminal investigation. The financial services industry has also proved a fertile source of instructions for the team in recent years, and as well as advising a major global financial institution in connection with federal and state regulatory investigations relating to auction-rate securities, it is also representing Kenneth Lewis, former CEO of Bank of America, in regulatory matters relating to the Merrill Lynch acquisition. Sean Hecker, Andrew Ceresney and Washington DC-based Paul Berger are also recommended members of a team that maintains a ‘disciplined, respectful and ethical culture, in which intellectual excellence is a goal’. Clients include American Express, Bank of New York Mellon, HCA, JPMorgan, Siemens and UBS. The firm is also unique in having the former attorney generals of both the US, Michael Mukasey and the UK, Lord Goldsmith, making the firm well positioned to capitalize on the current surge in international white-collar crime.
‘Undoubtedly one of the leading firms in the white-collar area’, Paul, Weiss, Rifkind, Wharton & Garrison LLP’s nine-partner team is ‘highly experienced, exceptionally bright, creative and hardworking’. Benefiting from a ‘deep knowledge of the financial services industry and extensive experience in white-collar cases in that sector’, the practice has benefited from the ever increasing scrutiny placed on the industry whether it be in relation to tax fraud, securities fraud, insider-trading or stock market manipulation. Able to successfully co-ordinate the civil, criminal, regulatory and congressional aspects of a matter, the firm has ‘invaluable experience in high-risk cases’. Recent highlights include successfully representing Citigroup in a case brought by London-based private equity sponsor Terra Firma alleging that Citigroup had tricked Terra Firma into overbidding for EMI. The team also represented Fitch Ratings, one of the three national ratings agencies, in reaching an industry-wide settlement with the New York Attorney General relating to the ratings of non-prime residential mortgage-backed securities. ‘Remarkably successful trial lawyer’ Theodore Wells led on the aforementioned Citigroup matter and also has a tremendous track-record of representing political figures in jury trials. Indeed, it is the firm’s willingness to take matters to trial that sets it apart from some other New York-based outfits who offer a more conciliatory approach. The ‘very wise and experienced’ Mark Pomerantz is ‘regularly involved in bet-the-company matters’ and has been particularly active recently handling a tremendous range of matters within the financial services industry, including securities fraud, mail and wire fraud and tax offenses. The work handled by the team is, however, by no means limited to issues affecting the financial services industry. Other areas of strength include FCPA matters and issues affecting the pharmaceutical industry. Notably, the firm successfully represented Merck in connection with an SEC investigation into its public disclosure relating to Vioxx. Other recommended partners include the ‘top-notch and deeply experienced’ Martin Flumenbaum and up-and-comer Roberto Finzi.
Able to leverage off a ‘spectacularly strong’ blue-chip corporate client roster, in addition to picking up standalone mandates, Skadden, Arps, Slate, Meagher & Flom LLP excels in defending clients in high-stakes matters across every stage of the enforcement process including grand jury trials, agency investigations, and trials and appeals. Although the firm has lost of a number of leading lights in the past few years to competitors, including Robert Bennett and Carl Rauh to Hogan Lovells US LLP, the rebuilding process has begun, most notably in 2010 by the recruitment of former federal judge Stephen Robinson. Robinson adds further credibility to a 30-lawyer New York-based team that already has seven former federal prosecutors including ‘excellent’ team head David Zornow. Zornow recently entered into a deferred prosecution agreement on behalf of Frederick Schiff, former CFO of Bristol-Myers Squibb, successfully ensuring that all criminal charges were dropped against Schiff for his alleged role in a major securities fraud. He also recently successfully negotiated on behalf of Dell in relation to a five-year SEC investigation concerning disclosure issues regarding certain aspects of its commercial relationship with Intel, and into separate accounting and financial reporting matters. Benefitting from a comprehensive global network, the firm is also ‘very accomplished at handling FCPA matters’, be it in relation to transactional due diligence, compliance programs or the defense of government investigations and criminal/civil proceedings. John Carroll spearheads the firm’s FCPA practice and is currently engaged by a Fortune 100 company in a global corrupt payments investigation. Carroll has also been active in representing financial institutions and their senior officers in investigations arising out of the 2008 market collapse and recently represented the former CFO of Citigroup in connection with charges brought by the SEC relating to Citigroup’s disclosure of its exposures to CDO issues.
Premier white-shoe New York-based firm Sullivan & Cromwell LLP’s ‘strong team’ provides ‘specific, pragmatic and helpful advice’ to an impressive roster of entities, primarily within the financial sector. Able to tap into the substantive knowledge of lawyers within its banking and capital markets group, the team ‘understands the complexities of the banking sector’ and has had significant roles in most of the major regulatory investigations and litigation affecting the financial services industry, from matters relating to the rating agencies, to the representation of institutions being investigated for alleged violations of the commodities laws. The ‘terrific’ firm is representing Goldman Sachs in SEC enforcement proceedings regarding alleged violations of the securities laws as a result of disclosures made in relation to certain asset-backed certificate offerings. Led by the ‘intelligent, thoughtful, calm and intellectually robust’ Samuel Seymour and Sharon Nelles, the team represents ratings agency Moody’s in several matters including in relation to investigations regarding the methodology it used and fees charged for rating RMBS and CDOs. Notably the team has also concluded a number of long-running matters for clients on favorable terms. On behalf of Barclays Bank, it reached settlements with the various agencies investigating potential OFAC violations. In reaching a deferred prosecution agreement, the US authorities recognized the banks substantial co-operation during the investigation into its payment practices. The firm also reached a settlement on behalf of ENI with the DOJ and SEC concluding an FCPA investigation spanning several years and involvement with prosecutorial authorities in more than five countries. Although instructions from corporations account for the majority of the group’s matters, it does from time to time pick up some high-profile mandates from executives, as is illustrated by its representation of the former CEO of a public company and a major financial institution in ongoing investigations of insider trading relating to the Galleon Group. Steven Peiken led on this matter and is one of nine former federal and state prosecutors within a group that also includes the ‘personable and engaging’ Nicolas Bourtin and ‘outstanding’ Karen Patton Seymour.
One of the most complete practices in the country, Covington & Burling LLP’s 27-partner department provides ‘empathetic, responsive, professional and very thorough’ advice across the waterfront of issues including criminal antitrust, foreign trade controls, false claims act and congressional investigations. With equal strength on both coasts across its San Francisco, New York and Washington DC offices, as well as a strong international presence, particularly in London and Brussels, the team is well-placed to handle issues irrespective of geography and also able to handle the increased internationalization complexion of much of the work in the arena. Praised for its ‘tremendous credibility before the regulators’, this is no small part as a result of the tremendous number of individuals within the group who can lay claim to having high-ranking governmental regulatory positions. Although the team’s primary aim is to avoid litigation, it does have the necessary trial skills to do so should the matter become litigious. This is particularly borne out in the instances where it represents individuals, such as Lt Governor Aitofele Sunia of American Samoa. Following a three and a half week trial, the jury declared a mistrial against the charges of conspiracy, federal program fraud, bribery and obstruction of an agency proceeding brought against him. A ‘tremendously strong outfit for handling complex pharmaceutical investigations’, Matthew O’Connor is the leading light for this work and has recently handled a number of mandates for GlaxoSmithKline, including a grand jury investigation alleging, inter alia, off-label promotion and violations of the Anti-Kickback Act. The practice is also active within the financial services industry, particularly out of its New York office. As well as being able to tap into the ‘considerable talents’ of former chief litigation counsel for the SEC’s enforcement division David Kornblau, the practice also recently welcomed of-counsel Allison Lurton to its ranks. Formerly at the Commodity Futures Trading Commission (CFTC), Lurton brings invaluable expertise on the implications of the increased powers of the CFTC as a result of the implementation of the Dodd-Frank Act. Praised for his ‘calm demeanor and respectful and collaborative communication with SEC counsel’, department head Bruce Baird has an excellent track-record at handling complex securities enforcement criminal cases, as well as more recently handling a slew of significant criminal antitrust investigations. ‘One of the up-and-coming elite of the white-collar bar’, Alan Vinegrad has recently represented a number of individuals in high-profile criminal litigation including the representation of Mark Lenowitz in one of the largest insider trading cases of recent times. Other recommended partners include Haywood Gilliam, as well as Steven Fagell and James Garland, who both returned to the firm following a stint at the DOJ.
White-collar work has long been a staple of Washington DC-headquartered litigation boutique Williams & Connolly LLP’s workload. As one might expect coming from a firm with a litigation background, the team has a trial-ready approach and excels at handling high-stakes matters for corporates and individuals. Although it may not have the same focus on representing corporations as some of its peers – partly as a consequence of the absence of a significant corporate department through which it is fed work – it has handled a tremendous volume and variety of cases (many of which have resulted in a final trial) for high-ranking executives and political figures. Recent high-profile victories included securing the reversal of former Alaska senator Ted Stevens’ corruption conviction, having uncovered government misconduct in the prosecution. Without peer for his representation of high-ranking political figures charged with impropriety, ‘dean of the white-collar bar’ Brendan Sullivan led on this matter and is one of a slew of ‘highly impressive trial lawyers’ within the group. Dane Butswinkas is a name that has been gaining particularly impressive reviews for his work representing executives within the financial services industry; notably recently achieving the acquittal of former Bear Stearns hedge-fund manager Ralph Cioffi in a securities-fraud case. While the firm is more aligned to handling individual representations, it is by no means without corporate representations, and particularly within the FCPA sphere is active for companies from a broad range of industries in internal and external investigations into potential abuses, in addition to advisory work relating to compliance issues. It is currently representing a Fortune 500 corporate in an ongoing internal investigation and DOJ/SEC investigation involving possible payments to government officials in multiple countries related to foreign VAT tax refunds. As part of his broad-ranging practice, David Zinn handles FCPA matters, John Villa is ‘excellent at handling financial services-related matters’, while the ‘highly experienced’ William McDaniels is also recommended across a broad spread of white-collar matters including bank and healthcare fraud, and money laundering offences.
‘Thorough, thoughtful, proactive and commercial’, Cleary Gottlieb Steen & Hamilton LLP’s 11-partner New York and Washington DC-based team is ‘in the top echelon for work in this space’. Able to tap into the substantive expertise of lawyers in its formidable capital markets and banking groups, the practice is particularly accomplished at handling work within the financial services sector and has been at the heart of some cutting-edge issues including bonus payments for banks receiving TARP payments, CDO investigations on behalf of Bank of America and issues arising out of the collapse of Lehman Brothers. Recent highlights include advising hedge funds in the SEC and DOJ’s Galleon Group and other insider-trading issues. Other work has included representing the audit committee of Deutsche Bank’s supervisory board in an internal investigation into questionable investigative and surveillance activities. Led out of New York by ‘consummate professional’ David Brodsky, this matter involved input from the firm’s Frankfurt office and speaks to the team’s ability to provide an integrated multi-jurisdictional solution. The firm’s comprehensive international network is also regularly brought into play in FCPA investigations and criminal cartel investigations such as the team’s representation of LG Display in DOJ and European Commission criminal investigations regarding alleged price-fixing activity within the LCD panel industry. A ‘deep bench’ includes former general counsel of the SEC Giovanni Prezioso, and Lewis Liman, Shawn Chen and Victor Hou, ‘who are all well-rounded consummate professionals’.
With ‘strong capabilities’ on both coasts, Gibson Dunn’s 17-partner team provides ‘very good and responsive’ representation to both individuals and corporates across a broad swathe of white-collar matters including FCPA violations, financial services matters, healthcare and criminal antitrust. In the financial services industry the practice has handled a raft of mortgage-related investigations and litigation. The highest-profile of these was the firm’s successful representation of former AIG executive Joseph Cassano following the SEC and DOJ’s investigation into his alleged improper activity regarding credit default swaps. Praised for his ‘excellence at handling FCPA investigations’, Washington DC-based co-head Joseph Warin has handled investigations relating to business in 35 different countries and as well as his high-profile work as compliance monitor for Statoil, also recently persuaded the DOJ to close its five-year FCPA investigation against the General Electric Company without bringing criminal charges. Los Angeles-based co-head Debra Wong Yang is another key member of the team and as well as handing a raft of FCPA matters is also particularly active in the healthcare space. The real jewel in the firm’s crown, however, is its ‘pre-eminent’ criminal antitrust practice. Spearheaded out of San Francisco by the ‘very able’ Gary Spratling, the firm continues to handle a number of multi-jurisdictional investigations and recently successfully negotiated with the DOJ the second lowest fine of the 15 air carrier pleas to date in the air cargo shipping services litigation. Other notable practitioners include ‘excellent trial lawyer’ Randy Mastro, the ‘knowledgeable and responsive’ Lee Dunst and co-head Jim Walden.
Kramer Levin Naftalis & Frankel LLP’s 12-partner New York-based group provides a ‘very balanced’ and ‘responsive’ service to clients and has ‘great depth in its organization to cover a number of areas’ including securities fraud, healthcare fraud, public corruption and environmental crimes. Particularly active within the financial services sector, the group has considerable trial experience where its joint heads Barry Berke and Gary Naftalis frequently feature prominently. ‘One of the most high-profile and sought after white-collar attorneys in New York’, Berke continues to represent Bear Stearns in various government inquiries, federal derivative lawsuits, and in a multibillion-dollar lawsuit brought by Bank of America. Naftalis is ‘at the top of his profession’ and represented Raymond Harding, former chairman of the New York State Liberal Party, against charges arising out of the New York State Attorney General’s inquiry into the awarding of investments by the New York State pension funds. He also represents senior officers of a number of financial services companies including Citigroup, AIG Structured Products, Lehman Brothers and Neuberger Berman in inquiries relating to their investments in structured products. Formerly a high-ranking government official, the ‘fiercely bright’ Paul Schoeman is ‘able to see the bigger picture’ and is highly accomplished at handling a raft of white-collar matters including insider-trading issues, market manipulation and FCPA abuses.
Elite New York-based powerhouse Wachtell, Lipton, Rosen & Katz provides ‘invaluable experience in high-stakes cases’ for major corporates and leading financial institutions across the waterfront of offences including accounting and securities fraud, cartel behaviour, FCPA violations and tax fraud. Although the group is active across many industry sectors, it is undoubtedly best-known for its expertise within the financial services industry, where it is viewed as a firm ‘at the very top of the tree’. Across many of the hot-button issues affecting the industry, the firm represented UBS in connection with the resolution of criminal and civil tax investigations by the DOJ, IRS and SEC. It also recently concluded its work on behalf of Citigroup, when the bank agreed to pay the SEC a $75m fine against allegations that it failed to disclose subprime exposure to investors. Able to tap into the expertise of its pre-eminent corporate practice that has stood at the vanguard of corporate governance issues, the team excels at high level counselling work and internal investigations. ‘Very responsive, smart and practical’, the team is praised for its ‘hardworking’ practitioners including ‘legendary’ team head Lawrence Pedowitz, the ‘terrific’ Jonathan Moses, John Savarese and the ‘up and coming’ David Anders.
Dechert LLP provides a ‘top-notch service’ to clients across the full gamut of white-collar issues. Particularly accomplished at handling high-stakes matters, the firm has recently been engaged by various private equity firms or principals in “pay-to-play” investigations undertaken by the New York Attorney General and the SEC. ‘The team is strong and the partners have at their disposal the junior lawyers they need when work heats up’, nevertheless, it is undoubtedly Andrew Levander who is the star of the team. A ‘skilled negotiator and strategist’, Levander has ‘experience at handling very high-stakes cases’, and as well as his involvement in the aforementioned private equity investigation, also continues to represent J Ezra Merkin, a prominent hedge fund manager, whose funds lost $2.4bn in the Madoff Ponzi scheme. The ‘very accomplished’ Benjamin Rosenberg has an excellent reputation on behalf of corporates and executives, and alongside Levander is currently acting on behalf of a major public company in an internal investigation relating to potential wrongdoing by its Russian office. One of many members of the ‘superb’ team who were former federal prosecutors, Robert Jossen provides a vast reservoir of experience to clients from a range of industries and is currently representing several executives of an international financial services company in a major multi-jurisdictional investigation into certain matters. Involving lawyers in the US and several of its European offices, the mandate is also illustrative of the firm’s ability to mobilize a truly international team on matters that require cross-border expertise. The ‘extremely organized and diligent’ Neil Steiner, is also recommended, as are Thomas Lee for healthcare fraud and Michael Gilbert, who is currently defending Ridgewood Bushwick Senior Citizens Council, one of the largest not-for-profit social services agencies in New York, in fraud investigations.
Praised for its ‘deep knowledge of the subject matter in this area’, Fried, Frank, Harris, Shriver & Jacobson LLP’s eight-partner New York-based team provides a ‘high level of service’ to an impressive roster of blue-chip corporates, hedge funds, banks and private equity sponsors. Although it is perhaps less frequently seen in litigation than other firms in the ranking, it regularly handles regulatory or internal investigations across the waterfront of hot-button issues including FCPA abuses, securities fraud and insider trading. ‘At the top of her profession’, Audrey Strauss has an excellent pedigree within the field, particularly within the financial services industry and recently guided hedge fund adviser Pequot Capital Management to a settlement following a five-year insider-trading probe by the SEC. Led by Teresa Venezia and Carmen Lawrence, the firm was involved in another high-profile SEC investigation, this time on behalf of the State of New Jersey, against allegations that it had fraudulently marketed $26bn in municipal bonds to investors. Notably, this was the first time that a state had been accused of violating federal securities laws and was settled without any fines being levied against it. The firm has ‘a good team of lawyers with strong backgrounds in the white-collar arena’, including the ‘hardworking and knowledgeable’ Howard Goldstein and William Johnson, and Steven Witzel, whose ‘level of commitment and responsiveness to his client are extraordinary’.
Driven out of Washington DC and aided by significant offerings in New York and San Francisco, Hogan Lovells US LLP’s ‘excellent’ white-collar practice acts for a range of corporates, auditing committees and public bodies. Sitting at the intersection of government and business and benefitting from ‘good relationships with the DOJ’, the team has deep and broad substantive expertise in highly regulated industries such as healthcare and communications. Led by the ‘excellent’ Peter Spivack and Michael Theis, the firm successfully negotiated a non-prosecution agreement ensuring that Spectranetics avoided criminal sanctions against allegations that it illegally imported unapproved medical devices, conducted a clinical study in a manner that failed to comply with federal regulations and promoted certain products for procedures for which the company had not received Food and Drug Administration approval. Carl Rauh and Robert Bennett have bedded in well following their high-profile arrival in 2009 from Skadden, Arps, Slate, Meagher & Flom LLP. Bennett was recently engaged by the District of Columbia City Council to conduct an investigation into allegations that council member Marion Barry misused public funds and violated conflict-of-interest rules. The merger with Lovells has vastly extended the firm’s reach and plays well to the increased internationalization of the white-collar arena, particularly in areas such as antitrust and FCPA.
With 60 litigators at its disposal, ‘very strong’ New York-based white-collar and regulatory boutique Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C. has the critical mass and ‘great reserves of knowledge’ to handle a tremendous volume of criminal matters affecting high-profile corporates and individuals. Praised for its ‘excellent work ethic, client orientation and a genuine culture of internal and external respect’, the firm is at the vanguard of many of the key issues shaping the law in the white-collar field. Involved in many of the recent hot-button issues affecting the financial services industry, for example, following a three-week trial the firm successfully defended Renato Negrin, former portfolio manager at Millenium Partners against allegations that he had engaged in insider-trading activity regarding credit default swaps. The firm also recently successfully defended hedge fund manager Kenneth Lipper against allegations that he was fraudulent, negligent and breached fiduciary duties flowing from the actions of an errant portfolio manager who was previously found guilty in a mismatching fraud. The culmination of nine years of litigation, following a 19-day arbitration hearing before a FINRA panel, all claims were rejected against Lipper, who was in fact awarded $15m in damages. Described as an ‘old school gentleman’ whose ‘natural habitat is the trial court’, Elkan Abramowitz led on this matter and is regularly involved in many of the firm’s highest-profile matters. ‘He is effective because of the familiarity, reputation, knowledge and the ability to show strength without being brawny or nasty.’ While Abramowitz is perhaps the most prominent figure within the team, a ‘deep bench’ also includes Robert Anello ‘who knows the securities industry well, is very responsive, attentive and tenacious’, and ‘quintessential attorney’ Jonathan Sack who ‘brings together a strong legal acumen and discipline, with a common sense approach’. ‘The firm’s excellence lies in its ability to negotiate with government agencies, do in-depth research, marshal the facts, conduct trials and appeals; all with total professionalism and client dedication.’
O’Melveny & Myers LLP’s bi-coastal 16-partner team has a ‘strong cadre of highly motivated and conscientious personnel’ who provide expertise across the white-collar landscape. As comfortable at handling internal investigations for major corporations, as it is representing executives on trial, the lawyers within the team ‘display a friendly manner’ but are ‘feverishly dedicated to pursuing the needs of the client’. The firm continues to handle a significant amount of work within the financial services sector advising on a number of the “hot button” issues including securities fraud and insider trading. Largely handled out of New York, Howard Heiss is one of the key contacts for financial services-related mandates and as part of an impressive caseload is representing a major financial institution in SEC and state regulatory investigations relating to its auction rate securities. Carolyn Kubota is ‘easy to work with and demonstrate considerable sincerity’. Praised for her ‘exceptional skills in front of the jury’, Kubota has handled more than 20 jury and bench trials in state and federal courts including securing a high-profile victory for Jack Wolter, a former senior executive at W R Grace, in one of the largest ever federal environmental criminal cases. Jeremy Maltby has a ‘very high level of legal knowledge’ across a range of matters including securities fraud, money laundering and FCPA abuses, and is ‘very effective in developing meaningful and timely briefs during trial’. Richard Grime is ‘excellent at handling FCPA matters’ and is regularly involved in worldwide investigations for both domestic and foreign corporates from a range of industries, where he is able to leverage off the firm’s impressive global network.
With over two-thirds of its litigators focusing on white-collar and regulatory matters, Richards Kibbe & Orbe LLP has developed considerable experience within the field and provides ‘responsive, insightful and committed advice to its clients and is knowledgeable on some of the most complicated and difficult areas of the law’. Well integrated into the firm’s transactional practice, as well as attracting standalone work, the team picks up a regular pipeline of work from pre-existing clients, such as hedge funds who have sought compliance advice in light of increased regulatory scrutiny. Based out Washington DC and New York, the team is involved in ‘some of the most complex and difficult matters in the financial services area’, including its recent representation of a brokerage firm in connection with a CFTC investigation into LIBOR submissions by banks on the US dollar LIBOR panel. ‘One of the most effective white-collar defense lawyers in the bar’, New York-based practice leader Lee Richards was involved in the aforementioned matter and is ‘universally respected in the bar and by the government lawyers for his skills, his integrity and most significantly, his effectiveness’. Washington DC-based co-head Michael Mann is widely recognised as the “go-to” lawyer for clients in the international financial services sector. Praised for his ‘unparalleled command of the global regulatory environment’, Mann is currently representing several hedge funds in connection with investigations carried out by foreign regulators, including with respect to requests for mutual assistance through the US SEC’s Office of International Affairs. James Walker ‘very bright and knowledgeable younger partner’; MaryJeanette Dee ‘shows excellent judgment and knowledge of applicable laws and regulations’; Paul Leder ‘widely recognized as one of the best defense lawyers and counsellors in the bar’; and Shari Brandt are all well regarded.
With a strong presence on both coasts, as well as out of its Chicago heartland, Sidley Austin LLP’s white-collar practice is well-positioned to advise clients regardless of geography and provides an ‘extremely high level of service’ to corporates and executives across the waterfront of white-collar matters including securities fraud, FCPA violations, tax and healthcare fraud, among others. Benefiting from a plethora of former federal prosecutors, including former first assistant US attorney in the Northern District of California David Anderson – who now heads the firm’s North California white-collar practice – the team has tremendous credibility before the regulators. Also a former federal prosecutor, global co-chair of the firm’s white-collar group Karen Popp ‘has an excellent knowledge of the Justice Department’ and is regularly involved in many of the most significant matters handled by the group including representing a national food distribution company in government investigations regarding alleged false claims and related violations. Also very accomplished at handling congressional hearings and public corruption matters – particularly out of its Washington DC office – the team represents a major defense contractor in a Senate Armed Services Committee investigation into the use of private subcontractors in Iraq and Afghanistan. The firm has an overarching strength across a range of highly regulated industries including healthcare/pharma where head of the firm’s food, drug and medical device compliance and enforcement practice Raymond Bonner provides ‘practical and balanced advice’ including representing employees of the Philippine office of a global pharmaceutical company against FCPA allegations. Clients include AT&T, Aventis, Bayer, Freddie Mac, Kraft, StatoilHydro and Tyson Foods.
Based out of its Los Angeles and San Francisco offices, the ‘terrific’ Munger, Tolles & Olson has an excellent reputation across a diverse suite of mandates, from stock options backdating and securities fraud to campaign finance violations. With 13-former Justice Department lawyers among its ranks, the firm is well-placed to represent clients before the enforcement agencies and is able to leverage its ‘tremendous trial capability’. While it lacks a New York presence and is to some extent less visible in some of the major big-ticket mandates arising out of the financial crisis, the firm is by no means limited to work originating out of the West Coast. This manifests itself particularly starkly when conducting internal investigations on behalf of major multinational corporates in FCPA-related matters. Formerly a federal prosecutor, the ‘fantastic’ Jerome Roth has a superb reputation for representing both corporates and individuals in high-profile SEC enforcement actions or internal investigations, including recently acting for the former CFO of Apple in a stock-options backdating investigation. Another marquee name is Brad Brian, who can draw on a vast reservoir of expertise representing clients in high-profile trials.
Primarily based out of New York and Washington DC, Weil, Gotshal & Manges LLP’s 10-partner team provides an ‘excellent’ service to a host of corporates and financial institutions, many of which are institutional clients of the firm. Leveraging off the firm’s ‘pre-eminent reputation for corporate governance’, the group’s sweet-spot is representing corporates, audit committees or boards of directors in internal investigations – whether at the behest of the government or on their own initiative. Indeed much of the firm’s prowess lies in its ability to prevent entities from falling foul of the regulators through establishing robust corporate governance procedures. Able to tap into a highly accomplished securities litigation group, the practice is also able to seamlessly work on mandates involving multiple actions including agency investigations and the accompanying private actions that regularly come off the back of this. A former federal prosecutor, Jonathan Polkes co-heads the firm’s securities litigation practice, although he also has a foot in the white-collar group. Instructed by many high-profile clients caught up in the financial crisis, for example, Polkes is overseeing a vast docket of criminal and regulatory investigations and civil litigation arising from the collapse of Lehman Brothers. Former DOJ fraud chief Washington DC-based Steven Tyrrell co-heads the team along with Boston-based Thomas Frongillo that includes a number of ‘solid and good practitioners’.
‘The quintessential Washington DC practice in terms of breadth across the agencies’, WilmerHale provides ‘technically very good’ advice to corporates engaged in high-stakes regulatory investigations. Able to call upon the expertise of a number of former SEC lawyers, the firm is best-known for its ‘premier SEC practice’, and provides ‘strategic vision’ to the full litany of players in the market including issuers, private companies, accounting firms, hedge funds, as well as their managers, officers and directors. As well as the synergies heralded by its top-ranking SEC enforcement practice, the firm also has standalone capability in FCPA, criminal antitrust and healthcare fraud matters. Indeed, as part of Boston-based Robert Keefe’s broad ranging white-collar practice, he recently handled work on behalf of a client accused of Anti-Kickback violations and has also represented pharmaceutical and medical device companies in federal criminal investigations and parallel civil investigations about the companies’ marketing practices involving certain drugs or medical devices. Chair of the firm’s litigation group, Howard Shapiro has trial experience across a raft of white-collar matters and has also conducted numerous internal investigations for major banking and corporate clients in the US, UK and Asia. ‘At the top of his profession’, Paul Engelmayer heads the firm’s New York office and is highly regarded for his work on behalf of financial institutions in complex commercial disputes. Chair of the securities department, the ‘outstanding’ William McLucas is regularly sought out by corporates facing high-level crises and handles internal investigations as well as SEC actions.
‘Excellent in all categories’, Winston & Strawn LLP provides ‘superb advice’ to both corporates and individuals faced with internal investigations, grand jury and criminal litigation cases across a range of matters including FCPA violations, securities and health care fraud, and public corruption. While it does not have a formal white-collar group, a good many of its 400-strong litigation team have considerable experience of trying white-collar cases, with 16 also formerly holding high-ranking positions within the US attorney’s office. Indeed, it is this marriage of credibility before the regulators and trial strength that sets the team apart from many of its peers in the market. Best-known of these is undoubtedly the ‘fantastic’ trial lawyer Dan Webb. Having made his name in the white-collar arena, Webb continues to handle a significant number of high-profile mandates, as demonstrated by his continued representation of an Illinois power broker, William Cellini, charged with conspiracy, honest services fraud and extortion. ‘An excellent strategist and very good to work with on a personal level’, litigation chair Thomas Frederick has been particularly active recently handling grand jury investigations and regulatory matters. The firm’s capability in the white-collar arena was boosted by the recent hiring of high-ranking justice official Elizabeth Papez and former Mayer Brown partner Caryn Jacobs, who has considerable expertise on securities fraud matters.
With lawyers based in New York, Washington DC, Chicago and Los Angeles, Kirkland & Ellis LLP’s approximately 40-strong team ‘performs at a high level’ across a raft of hot-button white-collar issues including FCPA abuses, environmental crimes, securities fraud, public corruption and healthcare fraud. Recognized as one of the nation’s ‘premier litigation firms’, this willingness to try cases was recently sharply brought into focus by successfully achieving the acquittal of WR Grace and several of its executives in what was the nation’s largest environmental case. In a dispute that looks set to become the new holder of the dubious title of largest environmental case, the firm is performing several roles for BP in relation to the Gulf of Mexico oil spill, including as trial firm in the Marine Board of Investigation trial/hearings in New Orleans and as co-counsel with WilmerHale on the government investigations. The ‘very knowledgeable, smart well-prepared and responsive’ Andrew Genser is heavily involved in the work for BP and is one of a number of former prosecutors within the ‘experienced and strong team’ which also includes Henry DePippo, Mark Filip and Michael Garcia.
Mayer Brown provides an ‘excellent client service’ to corporates and executives across a broad range of criminal defense issues in a compliance, investigation and litigation setting. Although the firm recently lost a number of high-profile partners including David Krakoff and James Parkinson to BuckleySandler LLP, it still has significant expertise, and with 14-former US attorneys among its 20-partner team has significant credibility before the regulators. Recent highlights include representing Danny Alvirez, as one of the defendants in a “FCPA sting case”. In what is the largest ever foreign bribery prosecution, the government took the unusual step of using wiretaps and a confidential informant to bring corruption charges against 22 dealers in the defense and law enforcement products industry. As part of her broad-ranging practice, co-head Lynn Neils has extensive FCPA expertise, while the recent hiring of Shannon Klinger, formerly in-house at Solvay Pharmaceuticals, gives the group additional strength within the increasingly heavily scrutinized healthcare industry.
Numbering over 25-partners within the group, McDermott Will & Emery LLP’s white-collar and securities defense group is one of the largest in the country and provides ‘classy and empathetic advice’ to clients engaged in regulatory investigations, internal investigations, criminal and civil litigation. Praised for its ‘technically proficient and responsive advice’, the firm benefits from a ‘breadth of experience across other relevant areas’ including tax, healthcare and antitrust. The team ‘offers an array of experienced and well-respected trial lawyers who are expert on litigating and resolving complex disputes’ and includes first-chair trial partners in every one of the firm’s national offices. The Washington DC office in particular is regularly engaged to handle high-profile and sensitive matters involving political figures. The team recently successfully overturned the federal bribery convictions of Paul Minor, a Mississippi trial attorney charged with bribery and racketeering. Abbe Lowell was integral to the aforementioned matter and regularly handles matters with a political dimension. Also ‘highly competent in the tax arena’, led by ‘first-tier litigator’ Douglas Whitney, the team obtained the dismissal of numerous lawsuits brought against law firm Bryan Cave relating to its provision of tax advice concerning certain pension plan strategies implemented by its clients. Jeffrey Stone ‘impeccable judgment and expertise, both in the courtroom and boardroom’; Hoyt Sze ‘advice and work product of the highest calibre beyond his years’; Michael Kendall ‘very knowledgeable and responsive’; Russell Hayman ‘a fine, fine lawyer’; and H. David Rosenbloom ‘very knowledgeable’ are all highly regarded. Clients include Amgen, Care Investment Trust, FirstGroup America, ITOCHU International, Madison Square Garden and Memorial Sloan-Kettering Medical Center.
Jointly headed by Eric Sitarchuk and John Hermann out of Philadelphia and San Francisco respectively, Morgan Lewis’ bi-coastal 24-partner team provides practical trial experience across the waterfront of core white-collar issues including FCPA violations and whistleblower litigation. Praised for its ‘tremendous credibility before the regulators’, a high proportion of the team are former high-ranking prosecutors and afford the firm a unique perspective in the way the government run the cases. In keeping with the Obama administration’s heightened scrutiny within the healthcare area, the team has picked up a raft of mandates from the spectrum of clients in the field. Recent work in this area has included representing a number of pharmaceutical companies in investigations and litigation into their marketing practices, including AstraZeneca in litigation alleging that it had improperly promoted the drug Seroquel for “off-label” purposes and misrepresented the drug’s safety and efficacy. New York-based Leslie Caldwell’s broad-ranging practice has seen her involved in a raft of FCPA inquiries, including successfully concluding one such investigation for a company involving payments in China. While corporate mandates account for the vast majority of the firm’s workload, it does intermittently pick up work for high-ranking individuals as demonstrated by its recent work on behalf of a former Bear Stearns executive at a hearing of the Financial Crisis Inquiry Commission. While the group prides itself on the all-embracing expertise of its practitioners, certain partners have unique specialisms, including former chief of the IRS criminal investigation division Mark Matthews, who excels at handling criminal tax defense matters.
Driven out of its New York and California offices, Morrison & Foerster LLP’s team provides an ‘exceptional service’ to corporates and individuals across the waterfront of white-collar offences including FCPA violations, insider-trading offences, Ponzi schemes and a myriad of other matters arising out of the financial crisis. Subsumed within the its wider securities litigation, enforcement and white-criminal defense group, the firm is well-equipped to handle work on behalf of clients on numerous simultaneous fronts including regulatory investigations, grand jury trials and related civil litigation. With a number of former regulators amongst its ranks, the team ‘has an excellent understanding of the securities business as well as the related commercial nuances’, and recently represented six outside directors of a major multinational data company faced with an SEC investigation into various allegations relating to inter-alia, breach of fiduciary duties and securities fraud. Benefiting from a deep international footprint, the firm has developed an impressive reputation at handling cross-border mandates including for work on FCPA matters, where the ‘superb’ Carl Loewenson is co-head of the firm’s task force. Adam Hoffinger ‘has real presence in meetings, is tactically astute and is highly regarded by his peers in other firms and respected by prosecutors’, while Lawrence Gerschwer has ‘good business sense and relationships’ and is regularly involved on behalf of clients in regulatory investigations and enforcement actions.
‘Extremely responsive, pragmatic and proactive’, Orrick, Herrington & Sutcliffe LLP’s West-Coast-based 18-partner team is a ‘go-to-destination’ for high-stakes investigations or litigation across the gamut of matters including FCPA violations, antitrust offences and public corruption. Benefiting from 12-former assistant US attorneys amongst its ranks, as well as several former prosecutors and SEC enforcement attorneys, the team ‘has excellent credibility and is well-regarded by the regulators’. ‘Extremely knowledgeable and with deep experience in securities litigation’, it is representing David Sambol, former president of Countrywide Financial, in investigations and litigation alleging various charges relating to the collapse of the mortgage lender. Lead lawyer in the aforementioned matter, Walter Brown has a reputation as a ‘superb trial lawyer’ and is ‘equally adept at persuading prosecutors to decline cases as he is at winning cases at trial’. ‘A brilliant attorney who works hard to achieve his clients’ objectives’, Washington DC-based Preston Burton is ‘well-respected by the federal bench in Washington’ and is currently representing an executive in a DOJ criminal investigation of a lethal coal mine explosion in West Virginia. Other notable practitioners include Pamela Davis ‘she has impeccable judgment’, and Mark Beck and Anthony DeCorso, who are both ‘highly respected and credible within the Los Angeles legal community’.
Headed by the ‘very knowledgeable and well-respected’ Mike Barta and Samuel Cooper, Baker Botts L.L.P.’s 14-partner team provides regulatory and compliance strength, and also benefits from lawyers with a deep well of trial experience should the matter become litigious. One such lawyer is the ‘acclaimed’ Bill Jeffress, who as well as a recent success at trial on behalf of former Delphi CEO JT Battenberg accused of financial fraud, is also currently representing Joe Price, former CFO of Bank of America, in a lawsuit alleging that Price and the company failed to disclose material information in connection with Bank of America’s merger with Merrill Lynch. The firm also continues to be a leader in the increasingly important field of multi-sovereign and cross-border investigations. In addition to its ongoing work for Halliburton in its FCPA investigation, it is also currently representing a key individual in the multi-sovereign Magyar Telekom investigation.
Led by Raymond Banoun, Cadwalader, Wickersham & Taft LLP’s Washington DC-based 15-partner business fraud group provides ‘outstanding’ advice to clients across a range of issues including money laundering, FCPA violations and securities fraud. While the firm is perhaps less trial-ready than some of its peers in the ranking, it excels at preventative measures through corporate compliance programmes, as well as handling internal investigations and audits of domestic and foreign businesses. Although the firm’s focus is on the representation of corporates, it does pick up work for individuals accused of breaching criminal laws. Led by Jim Robinson (note: since publication, Mr Robinson has sadly passed away) and Jeannine D’Amico, the team successfully represented assistant US attorney Jonathan Tukel in an effort to maintain as privileged e-mails he sent to his attorney using government computers. Former deputy Assistant Attorney General for the criminal division of the DOJ, Michael Horowitz ‘provides wise counsel’ to corporates, individuals and audit committees across a myriad white-collar issues including securities fraud, FCPA matters and cartel behaviour.
Cahill Gordon & Reindel’s New York-based nine-partner team is gaining increased prominence in the market since its inception over ten years ago. Instructed by a broad swathe of clients including financial institutions, major corporates, individuals and quasi-governmental institutions, the team particularly excels at high-stakes matters where there is an existential threat to the defendant and on matters at the intersection with public policy concerns. Bart Friedman spearheads the firm’s work in this area and has a raft of experience advising clients in matters affecting corporate policy and strategy. As well as his corporate governance and advisory strength, Friedman is also regularly sought out by clients who are the subject of criminal investigations. David Kelley is also a pivotal member of the team, and along with David Januszewski, is representing the Federal Reserve Bank of New York in connection with the investigation by the Special Inspector General for the Troubled Assets Relief Program into several matters relating to its acquisition of an interest in AIG.
Although it has been depleted by a number of high-profile departures in recent years, Clifford Chance still has a ‘strong group’ based out of Washington DC that is part of a wider global team which excels in cross-border mandates. Able to tap into the resources provided by this legal leviathan and regularly fed a significant pipeline of work from its corporate and finance groups, the practice is regularly engaged by banks and corporates in relation to alleged breaches of securities laws, mis-selling, market abuse and money laundering, amongst other financial crimes. Juan Morillo and Steven Cottreau have a ‘great understanding of the different legal systems and are great negotiators’.
Cooley LLP’s ‘very strong’ 20-partner team provides expertise across the spectrum of white-collar issues from securities and bank fraud to stock-options backdating. Anchored by ten-former federal prosecutors, the group benefits from tremendous credibility before the regulators and gains further leverage as a result if its willingness to try cases. This most readily manifests itself in relation to the representation of individuals and was recently starkly brought into focus by the group’s complete victory for former Marsh & McLennan executive Edward McNenney. Following successfully achieving acquittals on 21 out of 22 counts after a ten-month bench trial, the New York Attorney General dismissed the one remaining indictment against him relating to alleged violations of state antitrust laws. The ‘excellent’ William Schwartz heads a team that ‘regularly gets involved in some pretty big cases’ and also includes recommended partners Scott Devereaux, Donald Stern and Michael Attanasio.
Based out of New York, Freshfields Bruckhaus Deringer LLP’s white-collar group provides ‘excellent, responsive and business-orientated advice’ across the waterfront of issues, from securities fraud matters to criminal antitrust violations. A relative newcomer to the market, the firm has successfully been able to leverage off its impressive roster of institutional clients and has picked up a number of high-profile engagements, particularly in the financial services and pharmaceutical sectors. Benefiting from an impressive international network that includes offices in Europe, the Middle East and Asia, Adam Siegel heads the firm’s global investigations group which is particularly active in relation to FCPA abuses and criminal antitrust matters. The team is regularly part of a multi-jurisdiction effort, as highlighted by its involvement with the London office on behalf of a major UK accounting firm in parallel US and UK regulatory investigations regarding its audit work for a leading investment bank. Other highlights included advising a domestic financial institution in regulatory investigations regarding the allegedly widespread use of improper documentation in processing home foreclosures. Aaron Marcu, Benito Romano ‘solid US perspective’ and Timothy Coleman are all well regarded.
White-collar criminal defense work has been a staple part of 65-lawyer San Francisco-based litigation boutique Keker & Van Nest, L.L.P. since its formation over thirty years ago. Peopled with a preponderance of ‘outstanding trial lawyers’ including the ‘legendary’ John Keker, the team excels at representing high-level company executives in criminal trials across the waterfront of offences including securities fraud and insider trading. Stuart Gasner is particularly accomplished at handling stock option backdating cases and recently successfully defended Michael Shanahan, a former executive of St Louis-based defense contractor Engineered Support Systems, in a case brought against him by the SEC. Formerly an assistant US attorney, the ‘terrific’ Elliot Peters has an excellent reputation and has tried more than 40 criminal and civil cases and recently successfully defended an investment banker accused of obstructing justice
King & Spalding LLP’s ‘excellent’ 12-partner team has over 20 years’ experience at handling work for corporations and individuals facing the full range of scrutiny including complex federal and state criminal investigations, internal investigations and Congressional investigations, as well as in related civil and regulatory proceedings. Splitting his time between the firm’s Washington DC and Atlanta offices, team head Chris Wray is ‘one of the best in the business’ and provides a ‘highly credible’ service to corporates and individuals as a result of his former tenure as Assistant Attorney General in charge of the DOJ’s criminal division. Praised for his ‘excellent judgment, vast experience and responsiveness’, Wray is regularly at the forefront of many of the team’s highest-profile mandates including its recently concluded representation of Credit Suisse in parallel criminal and regulatory investigations into alleged OFAC breaches. The team also has an excellent pedigree in relation to healthcare fraud, as was recently underscored by its successful representation of Allergan in criminal and civil actions regarding the company’s sales and marketing of Botox. The ‘knowledgeable, smart and experienced’ Sedwick Sollers has a broad-ranging practice that encompasses healthcare fraud and FCPA matters, while the ‘brilliant and creative’ Mark Jensen has an excellent track record for handling healthcare fraud matters.
New York-based 23-lawyer litigation boutique Lankler Siffert & Wohl LLP provides an ‘excellent’ service to clients across the waterfront of white-collar offences particularly within the financial services industry. Although the firm lacks the critical mass of many of the firms in the ranking and the ability to leverage off a pre-existing corporate client base, its partner-driven approach is perfectly suited to its particular area of expertise – the representation of individuals. The ‘excellent’ Helen Gredd displays ‘good judgment and a lot of tenacity’ and is a key member of a team that includes six partners that are former prosecutors including the ‘superb’ John Wing.
Spearheaded out of California by David Schindler and Steven Bauer, Latham & Watkins LLP has a ‘deep bench of highly qualified and responsive attorneys who provide an excellent client service’ across a range of white-collar matters including securities fraud, FCPA violations and improper political contributions. Able to leverage off the firm’s far reaching international network, the team is well suited to the increased internationalization of work in this area and is regularly involved in cross-border mandates, particularly in relation to FCPA and criminal antirust issues. ‘Very knowledgeable and tactically astute’ Manny Abascal has extensive trial experience, as well as expertise at handling complex internal and government investigations, while the ‘pragmatic’ Patrick Gibbs has a prominent reputation for handling securities litigation.
Based in Washington DC, Miller & Chevalier Chartered combines the focused experience of a boutique with the strength and experience of a full-service firm and provides an ‘excellent service’ to both corporate and individuals. The firm is particularly strong at handling matters sitting at the intersection of white-collar and the FCPA and over the past 35 years has handled matters involving over 35 different countries across five continents. ‘At the cutting-edge of criminal law enforcement’, the team is currently representing an individual targeted in a DOJ grand jury investigation with regards to alleged FCPA violations in the armaments industry. The matter is particularly noteworthy as it was the first time the DOJ used an undercover operative in an FCPA investigation. The firm also benefits from a number of lawyers who are as ‘good at trying cases as anyone in the market’, including the ‘superb’ Mark Rochon, who to date has been lead counsel in more than 160 jury trials. Barry Pollack is also well regarded for his trial skills and as a former certified public accountant is particularly focused on complex financial litigation often involving accounting fraud.
Spread across its national platform, Proskauer Rose LLP’s 19-partner corporate defense and investigations team’s expertise runs the gamut from securities and tax fraud to FCPA and False Claims Act matters. Very much a trial-ready practice, the group has benefitted from an increased willingness for prosecutors to indict individuals in areas such as FCPA and antitrust. Department head Robert Cleary has an excellent reputation in the market as a trial lawyer par-excellence, a fact underscored by successfully securing acquittals in 36 out the 37 counts brought against William Gilman, a former managing director of Marsh, regarding allegations of bid-rigging, price-fixing, customer allocation, larceny, and fraud. In collaboration with Dietrich Snell, Cleary is also currently representing Erin Callan, the former CFO of Lehman Brothers, in a series of DOJ, SEC and other investigations by regulatory and enforcement authorities focused on the demise of Lehman Brothers, as well as in numerous private civil actions arising from its collapse.
Specialist litigation powerhouse Quinn Emanuel Urquhart & Sullivan, LLP is ‘exceptional in its ability to defend and protect’ corporates and individuals in every stage of the criminal process – investigation, post-indictment, trial and appeal. Peopled by a raft of former federal prosecutors on both the East and West Coast, the firm is ‘very familiar with the social aspects of the area including those factors internally with the government’. This credibility before the regulators coupled with the firm’s trial ethos and the ability to draw upon substantive experts in the field, ensures that clients are well served across the white-collar landscape including securities fraud, healthcare fraud and criminal antitrust. Led by the ‘truly exceptional’ John Potter and ‘great trial lawyer and strategist’ Diane Doolittle, the ‘innovative and aggressive’ team successfully persuaded the DOJ to drop narcotics charges against Brodcom co-founder and former CEO Henry Nicholas before trial, arguing that governmental misconduct would unduly influence the fairness of a trial. Co-chair of the white-collar and corporate investigations group James Asperger is a ‘knowledgeable, professional and sharp litigator’, and as part of his broad-ranging practice is representing several clients in numerous issues arising from the current financial crisis including issues relating to mortgage-backed securities, collateralized debt obligations and credit default swaps. Asperger is also an expert in international business crimes issues and is currently serving as a DOJ-appointed monitor of Schnitzer Steel in examining its worldwide anti-corruption policies.
Shearman & Sterling LLP’s ‘outstanding’ six-partner New York-based white-collar group represents clients across the full range of matters in defense and enforcement capacities. Particularly strong within the financial services industry, the team provides a truly multidisciplinary approach to matters, regularly drawing on the substantive expertise of lawyers within the capital markets, corporate and banking groups. Led by Adam Hakki, the practice is representing the management of the Galleon hedge fund in relation to the civil and criminal investigations being undertaken regarding alleged insider trading activity. The firm is also representing another hedge fund in a “pay-to-play” investigation being conducted by the New York State Attorney General. Able to leverage off its significant international network, FCPA work is another core area of strength and as well as representing domestic and foreign corporates from numerous industries in investigations, the firm was recently appointed by the government to act as Independent Monitor to oversee post-settlement compliance in the high-profile investigation involving Baker Hughes. Stephen Fishbein was involved in the aforementioned matter and is recommended, as is San Francisco-based Patrick Robbins, who displays ‘intelligence, common sense, integrity, diligence and wisdom’.