United States > Litigation > White-collar criminal defense
Index of tables
White-collar criminal defense
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Davis Polk & Wardwell LLP - Debevoise & Plimpton
- Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Sullivan & Cromwell LLP
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Skadden, Arps, Slate, Meagher & Flom LLP
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Covington & Burling LLP -
Williams & Connolly LLP
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Munger, Tolles & Olson -
Weil, Gotshal & Manges LLP
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WilmerHale - Winston & Strawn LLP
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- Mayer Brown
- McDermott Will & Emery LLP
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Morgan Lewis
- Morrison & Foerster LLP
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Orrick, Herrington & Sutcliffe LLP
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Baker Botts L.L.P. - Cahill Gordon & Reindel
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Freshfields Bruckhaus Deringer LLP -
Keker & Van Nest, L.L.P. - King & Spalding LLP
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Lankler Siffert & Wohl LLP
- Linklaters
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Proskauer Rose LLP -
Quinn Emanuel Urquhart & Sullivan, LLP -
Shearman & Sterling LLP -
Simpson Thacher & Bartlett LLP -
Steptoe & Johnson LLP
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BuckleySandler LLP -
Cadwalader, Wickersham & Taft LLP -
Clifford Chance
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Cooley LLP - Latham & Watkins LLP
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Miller & Chevalier Chartered
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Leading lawyers
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- Elkan Abramowitz - Morvillo, Abramowitz, Grand, Iason & Anello P.C.
- Robert Bennett - Hogan Lovells US LLP
- Barry Berke - Kramer Levin Naftalis & Frankel LLP
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Carey Dunne -
Davis Polk & Wardwell LLP - Gary Naftalis - Kramer Levin Naftalis & Frankel LLP
- Lawrence Pedowitz - Wachtell, Lipton, Rosen & Katz
- Mark Pomerantz - Paul, Weiss, Rifkind, Wharton & Garrison LLP
- Lee Richards - Richards Kibbe & Orbe LLP
- Karen Patton Seymour - Sullivan & Cromwell LLP
- Samuel Seymour - Sullivan & Cromwell LLP
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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 market for many years, Davis Polk & Wardwell LLP provides ‘excellent industry knowledge and practical advice’ to corporates and executives engaged in regulatory enforcement actions, internal and congressional investigations, as well as litigation. Although the team was undoubtedly impacted by the recent retirement of Robert Fiske, it is still able to call upon the services of an impressive number of former government prosecutors including ‘superb’ team head Carey Dunne. Deeply entrenched in the financial services industry, the group continues to handle a number of major investigations and litigation relating to the subprime and financial markets crisis. As well as continuing to represent Morgan Stanley in connection with its investigation by the Financial Crisis Inquiry Commission (FCIC), the group is also advising two major financial institutions regarding the setting of US dollar LIBOR. Linda Chatman Thomsen is a ‘top-quality regulatory lawyer who knows the ins and outs of dealing with the SEC’. Able to ‘combine excellent substantive skills with good judgement’, Thomsen is representing a major financial institution in parallel SEC and DOJ investigations regarding Berkshire Hathaway’s investment in Lubrizol. Anti-corruption is another area of focus for the group, where the ‘excellent’ Scott Muller is very active, particularly in relation to FCPA investigations. Muller is currently representing Morgan Stanley in DOJ and SEC investigations relating to possible FCPA violations regarding its real estate investing operations in China – notably this is the first publicly disclosed anti-corruption investigation of a major financial institution. As part of his broad ranging practice, Raul Yanes is regularly engaged by clients that are the subject of congressional investigations, including Patriot Coal in connection with an investigation into safety practices by the House Committee on Education and Labor. Angela Burgess and Martine Beamon are also recommended. Other clients include AstraZeneca, Pfizer, Siemens, BHP Biliton and Bank of America.
The ‘best in class’, Debevoise & Plimpton’s ‘cordial, talented and responsive’ white-collar and government investigations team has an ‘unparalleled level of knowledge’ across the spectrum of matters including financial fraud, FCPA violations and matters impacting on the pharmaceutical industry. The team has ‘recent, practical experience and an effective way of delivering advice to lawyers and non-lawyers alike’, and handles criminal and SEC investigations and litigation, as well as parallel civil and administrative proceedings. Recognized as the ‘doyen of the white-collar bar’, co-head Mary Jo White is regularly called upon by corporates to extricate them from high-stakes problems. Very active in the financial industry, she continues to represent Kenneth Lewis, former CEO of Bank of America, and recently successfully argued that he should not face individual charges in the SEC’s case against the bank for its disclosures relating to the acquisition of Merrill Lynch. White is one of no fewer than 11-former assistant US attorneys that also includes ‘excellent’ co-chair Bruce Yannett, who was recently part of a multi-office team that represented Ferrostaal in an extensive internal compliance investigation regarding allegations of corruption in several jurisdictions. The ‘thoughtful, commercial and very experienced’ Sean Hecker is representing a former employee of JPMorgan in an SEC inquiry into CDO transactions. Andrew Ceresney and Matthew Fishbein are recommended. Clients include Bristol-Myers Squibb, Forest Laboratories, Ferrostaal and HCA. Neil Eggleston left in February 2012 to join Kirkland & Ellis LLP.
The ‘top-notch’ team at Paul, Weiss, Rifkind, Wharton & Garrison LLP is ‘superb in all ways’ and a ‘market leader in the white-collar space’. Benefiting from a ‘very deep bench and a wide range of experience’, the firm’s breadth of knowledge ranges from securities and tax fraud to FCPA abuses and government contract fraud. As a full-service firm, the team is able to tap into the expertise across numerous complementary areas of law including capital markets, antitrust and litigation. Instructed by an impressive raft of major public companies including AIG, Merck and UBS, the practice is regularly involved in some of the most significant mandates in the market. Emblematic of that was the group’s recent work for Citigroup, which it successfully represented in relation to the allegations that it was responsible for misleading private equity firm Terra Firma over its purchase of EMI by failing to disclose that another bidder had withdrawn prior to the sale. Other work for Citigroup included advising it on the $75m settlement of an investigation by the SEC into the bank’s disclosure of its exposure to subprime mortgage-backed assets. Mark Pomerantz is ‘one of the best white-collar lawyers in New York’, and recently represented Deutsche Bank in the resolution of a multi-year government investigation into the execution of tax shelter transactions for high-net-worth individuals. Roberto Finzi is one of a number of ex-federal prosecutors within the team and has handled a tremendous range of white-collar matters including the representation of major pharmaceutical companies in investigations into alleged off-label marketing and the representation of an individual in a DOJ FCPA investigation. Brad Karp and Theodore Wells ‘have excellent judgement and vast experience’, and Michele Hirshman is also recommended.
‘The best in this space’, Sullivan & Cromwell LLP provides an ‘outstanding’ service to institutions and executives that are the subject of white-collar criminal defense, regulatory enforcement matters and internal investigations. Benefiting from ‘high-level industry knowledge’ and aided by respected lawyers within the firm’s banking and finance team, the group is ‘consistently involved in the most important matters’ occurring within the financial services industry. The ‘excellent’ Karen Patton Seymour is advising Wells Fargo in the SEC’s industry-wide inquiry into sales and accounting practices surrounding CDOs and their role in the financial crisis. Other ongoing high-profile engagements include representing Moody’s in several matters relating to the methodology it used and fees it charged for rating RMBS’ and CDOs, and acting for Goldman Sachs in SEC enforcement proceedings regarding alleged securities violations relating to certain disclosures made in connection with asset-backed certificate offerings. Praised for its ‘well-networked legal support and considered advice’, the firm is regularly sought out by clients to handle work of a multi-jurisdictional nature such as its recent work for UBS in international regulatory inquiries and investigations related to its subprime losses and disclosures in both the US and Switzerland. One of eight former federal and state prosecutors, the ‘very impressive’ Steve Peiken has been particularly active handling insider-trading matters including acting for the former CEO of a public company and a major financial institution in investigations of insider-trading related to the Galleon Group. The ‘calm, considered and experienced’ Samuel Seymour ‘has good judgement’, and as part of his wide-ranging practice has been handling a number of OFAC matters. Nicolas Bourtin is praised for his ‘common-sense, calmness and ability to plan ahead’.
With 30 attorneys based in New York and aided by a strong national presence that includes practitioners in Washington DC, Boston, California and Chicago, Skadden, Arps, Slate, Meagher & Flom LLP’s ‘very strong’ team has the strength in depth to handle the full array of mandates at every stage of the enforcement process, wherever they appear in the country. Able to leverage off a ‘top-class’ roster of blue-chip corporate clients, as well as picking up standalone mandates, the team benefits from a number of former federal prosecutors amongst its ranks, including ‘go-to white-collar lawyer’ David Zornow. Zornow recently successfully secured a significant reduction in the sentence handed down to Stephen Richards, former head of sales at Computer Associates, successfully arguing that acceptance of significant responsibility for securities fraud only two-weeks before the trial should not be precluded from being used in mitigation. He also recently reached a successful resolution for Dell in a significant SEC investigation regarding disclosure issues relating to certain aspects of its commercial relationship with Intel. The ‘very experienced’ John Carroll is another mainstay of the practice, who as well as being involved in a constant flow of FCPA mandates, has also been at the forefront of the DOJ’s insider-trading investigations regarding the ties between hedge funds and the so called “network of experts”. Outside of the firm’s New York hub, Washington DC-based Michele Roberts is ‘a great courtroom lawyer’, who handles a mix of civil and white-collar criminal litigation before state and federal courts. Also recommended are Boston-based Michael Loucks for healthcare fraud, Los Angeles-based Richard Marmaro for white-collar and SEC enforcement, and former White House counsel, the ‘terrific’ Washington DC-based Gregory Craig.
A ‘powerhouse of the Washington DC legal landscape’, Covington & Burling LLP combines real credibility before the agencies with tremendous substantive knowledge across all of the most heavily scrutinized white-collar areas including pharmaceutical and securities enforcement, criminal antitrust and FCPA abuses. With 30 partners in a team that is strong on both coasts, most of whom are former prosecutors and SEC enforcement lawyers, it has the critical mass to handle a tremendous volume of mandates, irrespective of size or location. ‘One of the undoubted leaders for litigation within the pharmaceutical industry’, the team recently represented GlaxoSmithKline in the negotiation of a settlement with the District of Columbia and 37 states over allegations of substandard manufacturing processes at a factory in Puerto Rico. Other highlights in the healthcare industry included advising Johnson & Johnson on various civil actions and congressional, state and criminal investigations relating to a number of high-profile recalls of pediatric over-the-counter medicines. The team is also involved in a raft of matters within the financial services industry, and recently represented Wells Fargo in an $85m settlement with the Federal Reserve Board of mortgage-related claims. The ‘really talented’ Alan Vinegrad has handled a number of high-profile defences on behalf of individuals, including successfully overturning the original decision of the court which found Robert Graham, former senior vice president of Gen Re, guilty of accounting fraud. Alongside Jason Criss, Vinegard also successfully persuaded the trial judge in Ecuador to throw out the criminal charges brought against Ricardo Reis Veiga, a senior executive/attorney with Chevron, for allegedly misleading the Ecuadorian government that Texaco (Chevron’s corporate predecessor) had finished remediating more than 100 mines in the Ecuadorian rainforest. The ‘excellent’ Bruce Baird has a strong track record for handling complex securities enforcement matters and co-chairs the team that also includes recommended partners Mathew O’Connor, David Kornblau and Nancy Kestenbaum.
At the forefront of the white-collar bar since its inception over 50 years ago, Washington DC-based litigation boutique Williams & Connolly LLP is well regarded for its ‘fearsome litigation skills’ which ensures that it is regularly the first port of call for clients engaged in high-stakes matters. While the firm may be traditionally best-known for its representation of high-profile political figures and lacks the same institutional client base to leverage off than many of competitors, it is increasingly being instructed by corporates on high-stakes mandates. This was starkly brought into focus by the decision of News Corporation, who eschewed the services of its normal outside counsel, to instruct the firm in its various criminal investigations, civil lawsuits and government probes regarding alleged phone-hacking activities. Recognized as one of the ‘leading trial lawyers in the country’, Brendan Sullivan is the lead partner in this mandate and is praised for his ‘outstanding advocacy skills’ and ‘strategic nous’. ‘A terrific guy with excellent instincts’, David Zinn is a ‘very good up and comer’ who is regularly involved in matters involving parallel regulatory investigations, as well as related civil lawsuits. Another ‘great young lawyer’ is Kevin Downey who is rated particularly highly for handling securities fraud matters. The ‘very good’ Dane Butswinkas is recognized as a real rising star and is particularly visible for his work within the financial services industry, where he recently secured the acquittal of former Bear Stearns hedge fund manager Ralph Cioffi in a securities fraud case. John Villa is also a ‘leading light’ for financial services-related litigation, and the very experienced David Kendall has regular exposure to white-collar matters as part of a broad trial practice.
Recently bolstered by the arrival of Juan Morillo from Clifford Chance and the return of David Becker following a stint at the SEC, Cleary Gottlieb Steen & Hamilton LLP’s 13-partner New York and Washington DC-based team provides ‘extraordinary high and sophisticated advice’ to clients engaged in regulatory enforcement actions, internal investigations and litigation. Benefiting from ‘deep and lateral industry knowledge’, the team is particularly active handling various matters arising following the fallout of the financial crisis. It represented Bank of America on the recent settlement of an SEC investigation into its merger with Merrill Lynch and Merrill Lynch’s payment of employee bonuses, as well as advising a major global bank in connection with SEC, DOJ and CFTC inquiries into LIBOR-setting practices. The team is also heavily involved for a number of different banks – including HSBC – in the fallout arising out of the Madoff Ponzi scheme. ‘Remarkably responsive, extremely thoughtful and very capable’, Shawn Chen is representing Lafarge North America in a Justice Department investigation regarding federally funded construction projects. Praised for its ‘international focus’, the firm is also able to tap into its international network and is recognized for its ability to handle multi-jurisdictional matters, chiefly manifesting itself in FCPA mandates and price-fixing matters. Giovanni Prezioso, Lewis Liman and David Brodsky are recommended. ‘The senior partners are sensational but the depth of the associate talent pool is also unusually good’.
Benefiting from a strong presence on the East and West Coast as well as a presence in more than 12 countries, Gibson Dunn’s ‘outstanding’ 17-partner team is well equipped to handle a broad range of mandates for both corporates and individuals regardless of location. ‘Top guy’ Joseph Warin is at the heart of the highest-profile mandates handled by the team including representing UBS as one of the defendants in a class action alleging that it colluded with other banks to keep LIBOR at artificially low levels. This matter also illustrates the firm’s ability to successfully integrate its ‘superb’ criminal antitrust practice led by the ‘brilliant’ Gary Spratling. Warin is also regarded as an ‘FCPA expert of the highest order’ and is defending Avon Products in a major government investigation, against claims that it bribed Chinese government officials, as well as acting for the Allied Defense Group in a high-profile FCPA investigation involving a government sting operation to uncover alleged bribery within the defense industry. Post-settlement compliance is also a major speciality of the firm, and this was brought into focus when the firm was appointed by the DOJ as monitor for Siemens in the wake of its deferred prosecution agreement. Joel Cohen and Mark Kirsch recently secured summary judgment on behalf of the hedge fund Wynnefield Capital and its chief investment adviser in a long-running SEC investigation. Other notable practitioners include Jim Walden and Lee Dunst.
Kramer Levin Naftalis & Frankel LLP’s 11-partner New York-based team has deep trial experience on behalf of corporates and individuals across a myriad white-collar issues including securities and accounting fraud, money laundering, criminal antitrust and public corruption. ‘An A+ in all areas’, the team has a trial-ready reputation – with one client praising its ‘creativity and attention to every detail of the court proceeding’. Particularly accomplished within the financial services arena, the group continues to be involved in a raft of cases arising out of the economic downturn including securities fraud matters that frequently involve parallel civil class actions as well as criminal, SEC or other regulatory proceedings. Barry Berke and Paul Schoeman’s ‘deep experience gives them an incredible advantage when it comes to developing a winning trial strategy’. Their trial experience recently came to the fore in the successful acquittal of a former representative at Deutsche Bank in a ten-week criminal trial regarding allegations of tax-shelter fraud. Gary Naftalis and David Frankel display ‘excellent judgement’ and both recently defended Phillip Bennett, the former CEO of Refco, against securities fraud and other criminal charges brought by the United States Attorney for the Southern District of New York relating to the falsification of Refco’s financial statements. The group also recently represented ratings agency Moody’s in an internal investigation into its securities rating methodology. Former federal prosecutor Eric Tirschwell has a burgeoning reputation and as part of his broad-ranging docket of cases continues to represent Bear Stearns in regulatory investigations and civil litigation focused on the collapse of two of its investment funds in the aftermath of the subprime mortgage crisis.
Able to call upon the resources of over 60 litigators, ‘top-class’ white-collar and regulatory boutique Morvillo, Abramowitz, Grand, Iason & Anello P.C. has the critical mass to handle a tremendous range and volume of high-profile criminal matters affecting both corporates and individuals. Although it is unable to leverage off an institutional client base, the team is praised for its ‘personal and very cost-effective service’ and also regularly receives referral work from large full-service firms precisely because it is not a direct threat in other practice areas. Described as a ‘pleasure to deal with’ and a ‘first-class organization’, the ‘very sophisticated and experienced’ team is particularly accomplished at trying cases. The ‘very talented’ Robert Anello and Judith Mogul successfully defended a private wealth company against the claims of mismanagement by several private investors after a reduction in the portfolio’s profitability following the economic downturn and the Madoff fraud. A ‘leader in the white-collar bar’, Barry Bohrer is ‘a very thoughtful and articulate lawyer with a deep understanding of criminal law issues’. A trial lawyer of considerable repute, Bohrer has an enviable track-record representing clients at appellate level. The team also recently welcomed the arrival of Lisa Prager from Wilson Sonsini Goodrich & Rosati in June 2011 – she now heads the firm’s nascent DC office. Particularly accomplished at handling FCPA matters, Prager is defending executives in the military and law enforcement equipment industry accused of trying to bribe African officials. With 22 individual defendants on trial, the case is the largest single prosecution of individuals in the history of FCPA enforcement. One of the stars of the white-collar bar, Elkan Abramowitz displays a ‘great bedside manner that really inspires trust’. Other recommended partners include Jonathan Sack; the ‘extremely responsive and knowledgeable’ Stephen Juris; the ‘highly ethical and talented’ Lawrence Iason, for securities enforcement matters; Jonathan Sack who is ‘extremely well-versed in regulatory enforcement’; and the ‘thoughtful and intelligent’ Jeremy Temkin, for criminal tax matters. ‘All of the partners care deeply about their clients, and their attitude about their clients is a mirror of the integrity and rectitude with which they conduct their services’.
Wachtell, Lipton, Rosen & Katz provides an ‘excellent service’ to financial institutions, corporates and boards of directors across a myriad of matters including accounting and securities fraud, cartel behaviour, FCPA violations and tax fraud. Spearheaded by the ‘brilliant’ Lawrence Pedowitz, while the team may be smaller than many others and generally handles matters that are purely domestic in scope, it is regularly involved in some of the most significant mandates, particularly within the financial services industry. Along with Jonathan Moses, Pedowitz helped secure a favorable settlement for Citigroup without admitting or denying liability regarding allegedly misleading investors over the bank’s subprime exposure. The team also secured a settlement for JPMorgan regarding the structuring and marketing of a $1.1bn CDO offering. Able to leverage off the expertise of the firm’s ‘outstanding corporate practice’ which has stood at the vanguard of corporate governance issues, it also excels at high-level strategic counselling and compliance, and internal investigations. Although instructions from corporates and financial institutions account for the majority of the group’s matters, it does from time to time pick up some high-profile mandates from executives, such as its representation of Michael Dell, the CEO and founder of Dell, in an SEC investigation into disclosure issues arising out of the company’s restatement of previous financial statements and its commercial relationship with Intel. John Savarese and David Anders are recommended.
Headed by Robert Jossen, Dechert LLP’s 15-partner team provides an ‘excellent level of service’ across the spectrum of white-collar matters. Recently bolstered by the arrival of Hector Gonzalez from Mayer Brown and Glenn Fine, formerly Inspector General of the DOJ, the team provides expertise in all phases of an investigation and in evaluating whether to go to trial. Should the matter go to trial the firm also has ‘extremely strong nationwide litigation strength’ which is particular useful in its ability to handle associated civil class actions that often follow on from an SEC investigation. The ability to handle mandates on numerous fronts is highlighted by the firm’s representation of ten independent directors of Lehman Brothers across a raft of investigations and lawsuits following on from the bank’s bankruptcy in 2008. Led by the ‘very smart, experienced and tenacious’ Andrew Levander, the team is handling a myriad of matters including securities and ERISA class actions, opt-out securities litigations and congressional hearings. Levander also continues to represent hedge fund manager J Ezra Merkin and his company in various disputes arising out of losses occurred through the feeder funds investment in Bernard L Madoff Investment Securities. Catherine Botticelli and William Dodds ‘have excellent writing and research skills, as well as strong oral advocacy and negotiating capabilities’, and Neil Steiner is ‘unflappable, very creative and blessed with great stamina’. Clients include Allied Waste Industries, Bayou Group, GSK, Monster Worldwide and Synagro Technologies.
A ‘significant presence in the New York market’, Fried, Frank, Harris, Shriver & Jacobson LLP is well-versed at handling a broad range of white-collar criminal matters, government and internal investigations. ‘Technically sound, commercial and practical’, the group is also praised for their work ethic which sees them ‘rolling up their sleeves and working tirelessly’. ‘Brilliant tactician’ Audrey Strauss has ‘an excellent reputation’ that regularly sees her engaged in some significant investigations, regulatory enforcement actions and related civil litigation. Praised for her ‘tremendous leadership skills’ and ‘take no prisoner style’, she successfully persuaded the regulatory agencies to take no action against a major US bank following investigations into its disclosures and accounting treatment for residential mortgage portfolios. Strauss is one of a number of former government prosecutors that also includes the ‘superb’ William Johnson, who recently represented an investment bank in SEC and FINRA investigations regarding investments in a private company. Leveraging off its deeply entrenched ties with some major hedge funds, the group is also well-positioned to benefit from the government’s increased scrutiny on the industry. Indeed, the team has handled a raft of alleged insider-trading matters, where the ‘smart, knowledgeable and practical’ Karl Groskaufmanis is regularly instructed. The group is also picking up a growing number of anti-bribery matters and is representing a number of financial services companies and an international producer of oil field equipment across a wide variety of multinational FCPA and OFAC investigations and diligence reviews. Howard Goldstein, the ‘great’ Steven Witzel and Carmen Lawrence are recommended.
Headed out of Washington DC by Peter Spivack, Hogan Lovells US LLP’s ‘strong’ team provides ‘excellent competence’ at the nexus of government and business, particularly on matters affecting highly regulated industries such as healthcare and communications. Aided by Jonathan Diesenhaus, Spivack recently represented Synthes in a DOJ investigation into alleged off-label promotion of a medical device used in the spine to help the healing of vertebral fractures. After a five year investigation, the team managed to successfully negotiate a corporate integrity agreement, enabling the company to divest itself of the products at issue, while retaining its right to distribute them in the US and internationally. Other highlights included representing Tigrent (formerly Whitney Information Network) in an internal investigation and subsequent grand jury trial regarding the company’s national marketing program for educational courses designed to teach readers how to trade securities on the stock market. Able to tap into a sizeable international network, the firm is also well-placed to benefit from the increased co-operation between national regulators on enforcement matters. ‘One of the giants of the white-collar bar’, Robert Bennett is a pivotal member of the team and as a former federal prosecutor has ‘tremendous credibility’ before the agencies. Ty Cobb and Carl Rauh are also recommended. Clients include Apple, IBM, Medtronic and National Rural Utilities Cooperative Finance.
With approximately 60 attorneys involved in white-collar criminal and SEC enforcement matters, Kirkland & Ellis LLP has the critical mass to handle a broad array of offences for corporates and individuals out of the firm’s New York, Washington DC, Chicago and Los Angeles offices. Praised for its ‘tremendous bench strength’, which includes some 35 former government officials and also able to tap into a deep well of trial experience, the ‘peerless’ team excels in large-scale mandates that benefit from a coordinated approach and often involves several strands of investigation and litigation. It is one of three firms leading BP’s defense across a raft of regulatory and congressional investigations, as well as related civil class actions, regarding the well-publicized Deepwater Horizon oil spill and explosion. The coordinated nature of the firm’s approach also extends itself to international matters, most notably within the FCPA arena. Led out of the US by the ‘superb’ Mark Filip and ‘talented’ Laurence Urgenson, and aided out of Shanghai by Samuel Williamson – the only Chinese speaking former federal prosecutor resident in China – the team is representing Baxter International in the highly publicized industry-wide investigation into FCPA practices in the pharmaceutical industry. The group also continues to represent Abbott Laboratories in one of the largest pharmaceutical off-label cases in history. The ‘extremely smart’ Mark Holscher is recommended, as is recent recruit from Debevoise & Plimpton Neil Eggleston, who ‘displays an excellent manner with boards and senior executives and regulators’. Clients appreciate the team’s ‘excellent advice, both from an intellectual and practical perspective’. Clients include University of Phoenix, Baxter International, Abbott Laboratories and Walton Street Capital.
O’Melveny & Myers LLP’s 18-partner bi-coastal offering provides a robust and thorough service to corporates and executives embroiled in high-stakes white-collar matters. The firm benefits from a number of experienced litigators and a trial-ready approach which ensures that it has credibility before the agencies and also the ability to effectively handle a trial should the need arise. The team is engaged in a number of the most scrutinized areas of the white-collar arena and recently successfully persuaded the SEC to drop its charges against former Deloitte tax partner Arnold McClellan in an insider-trading probe. The firm’s litigation ability is also complemented by a strong internal investigations practice, which is regularly instructed by corporate clients of the firm. Following accusations made by a former Champion Laboratories sales manager alleging collusion in the auto-filter market, the team carried out an internal investigation for firm client Honeywell International who was implicated in the claim. After the investigation, the team showed that the sales manager had forged a critical document with the intention of suggesting Honeywell had participated in price fixing. The group is also representing a Major League baseball team in an internal investigation regarding the embezzlement of funds. Benefiting from a vast number of partners with prosecutorial experience, the team is praised for its ability to ‘leverage this agency experience in a positive manner’. Former assistant US attorney Carolyn Kubota handles a wide array of white-collar and business litigation and is appreciated by clients for her trial skills and ability to ‘present herself in a very professional and believable manner in court’. Other recommended practitioners include Michael Tubach, for criminal antitrust; Richard Grime, for FCPA matters; and senior counsel David Leviss, for congressional investigations.
Praised for its ‘in-depth knowledge of regulatory and securities matters’, New York-headquartered Richards Kibbe & Orbe LLP has been involved in white-collar litigation since its inception over 20 years ago. Deeply engrained ties with a range of different clients within the financial services industry including hedge funds, private equity firms, banks, insurance companies and investment advisers, ensures that the firm receives a raft of sophisticated and complex work. ‘Classic éminence grise in the industry’, name partner Lee Richards is ‘incredibly knowledgeable, practical and effective’ and is regularly at the forefront of the most significant mandates handled by the firm. Along with the ‘extremely smart, experienced, hardworking and thorough’ Shari Brandt, Richards is representing a brokerage firm in connection with various regulatory investigations into LIBOR submissions by banks on various LIBOR panels. Other highlights included acting for a hedge fund, as well as senior executives of a major global financial institution, in investigations regarding the marketing and syndication of structured products containing sub-prime assets. Washington DC-based practice head Michael Mann is recognized as a leader at advising clients in the international financial services sector. The international aspect of his practice manifests itself in his continued representation of a major US public company with its FCPA investigation and the subsequent development of a compliance program. Jeffrey Lehtman ‘performs his work with great skill and confidence, and analyzes problems and tackles sensitive situations creatively and knowledgeably’.
Spearheaded out of Chicago but also benefiting from a strong presence on both coasts, Sidley Austin LLP’s ‘good and deep team’ provides ‘very responsive and on point advice’ to corporates and individuals across a range of matters including securities fraud, FCPA violations, tax and healthcare fraud, among others. The team is involved in some high-profile matters within the financial services industry including representing a major bank in a number of DOJ investigations relating to mortgage securitization practices. The firm’s already strong roster of former government officials was recently further bolstered by the arrival of David Rody and David Hoffman, in New York and Chicago respectively. The team is particularly accomplished at representing clients from highly regulated industries and recently represented healthcare entity Genentech in a government investigation into allegations of improper promotional activities related to the cancer drug, Rituxan. The ‘super smart’ Bradford Berenson has ‘an excellent bedside manner’ and ‘applies well thought-out defense strategies in both court motions and court appearances’. The ‘highly experienced and knowledgeable’ Karen Popp provides ‘expert and practical advice’ and along with Berenson represents several global pharmaceutical companies in connection with FCPA investigations before the DOJ. Clients include AT&T, Aventis, Celgene, Duke Energy and Johnson & Johnson.
Based out of its Los Angeles and San Francisco offices, West Coast litigation powerhouse Munger, Tolles & Olson’s ‘excellent’ white-collar group has a strong reputation on behalf of a diverse mix of corporates, celebrities and executives. Benefiting from 13-former Justice Department lawyers amongst its ranks, the firm is well-placed to handle regulatory enforcement matters – an attribute that is enhanced by a trial-ready approach which ensures that the client is well-served should the matter become litigious. The team was recently bolstered by the arrival of the ‘truly excellent’ former federal prosecutor John Owens. Brad Brian is ‘top of the line’ and as part of his broad roster of work is currently acting as co-counsel for drilling company Transocean in litigation arising from the Gulf of Mexico oil spill. Jerome Roth is recommended for his work on behalf of both individuals and corporates across a wide array of offences including stock options backdating, FCPA violations and criminal antitrust matters.
Predominantly led out of the firm’s New York and Washington DC offices, Weil, Gotshal & Manges LLP’ ten-partner team handles work for a strong list of corporates and financial institutions, many of which are already institutional clients of the firm. Leveraging off the firm’s reputation as a superb corporate governance outfit, the team excels in putting in place robust compliance programs that prevent action being taken by the regulators. The group regularly handles internal investigations for corporates, audit committees or boards of directors, either at the behest of the government or on their own initiative. It also benefits from the ability to tap into the expertise of a well-regarded securities litigation group, ensuring that it is well equipped to handle mandates that progress on many levels including agency investigations and accompanying private actions that regularly follow. ‘Very talented’ former federal prosecutor Jonathan Polkes has a superb reputation in the market, particularly for handling matters affecting clients in the financial services industry. Also co-head of the firm’s securities litigation practice, Polkes has been involved in a myriad of high-profile matters arising out of the financial crisis including a raft of criminal and regulatory investigations and civil litigation following the collapse of Lehman Brothers. Previously chief of the DOJ’s fraud section, Washington DC-based Steven Tyrrell co-chairs the practice along with Boston-based Thomas Frongillo.
Based out of Boston, Washington DC and New York, WilmerHale’s 12-partner group provides ‘very responsive’ advice to corporates, executives and high-ranking public officials engaged in internal and government investigations, congressional inquiries and criminal litigation. The firm has ‘excellent relationships with the agencies’ and is best known for its ‘top-class’ SEC practice on enforcement actions or investigations initiated by the agency. Emily Schulman is representing a hedge fund and founding principal in a complex federal grand jury, SEC investigation and internal investigation, into alleged insider- trading. Able to tap into a vast array of healthcare clients courtesy of the firm’s longstanding expertise in the area, the team has handled a significant amount of work – particularly out of Boston – representing them against various allegations of fraud. It recently resolved a series of global criminal and civil investigations on behalf of Novartis alleging the off-label promotion of various drugs it manufactured. Robert Keefe was involved in the aforementioned matter, and has a ‘long history of handling white-collar work and has the relationships that count’. Other highlights included representing BP in the myriad investigations and legal proceedings brought about following the Deep Water Horizon oil spill. The practice is led by Stephen Jonas and aided by an ‘excellent support cast’ that includes ‘outstanding’ litigation chair Howard Shapiro, Brent Gurney and Karen Green.
Benefiting from ‘substantial depth and subject matter expertise’, Winston & Strawn LLP provides a ‘uniformly high service’ to corporates and individuals faced with regulatory enforcement actions, congressional investigations and jury trials, across a broad canvas of matters including securities fraud, executive compensation, public corruption and price fixing. Co-chaired by three former assistant US attorneys, Thomas Buchanan, Richard Lawler and Robert Michels, the team has excellent credibility before the regulators and has the ability to call upon the ‘huge talents’ of a very strong pool of litigation talent. One such litigator, the ‘amazing’ Dan Webb, is widely recognized as one of the preeminent trial lawyers in the country and is ‘regularly called upon when major corporates or executives get in bother’. Webb recently represented William Cellini in a high-profile jury trial regarding an alleged attempt to extort an investment firm for campaign contributions to a public official. Other highlights included representing Jerry Williams, former CEO of Orion Bancorp, in a criminal case including allegations of bank fraud.
The ‘extremely knowledgeable and responsive’ 17-partner team at Mayer Brown provides ‘an outstanding service at all levels’ to corporates and executives engaged in internal investigations, regulatory enforcement actions and litigation from its offices in Chicago, New York, Washington DC and Los Angeles. Benefiting from a global footprint, the firm is well placed to handle the increasing volume of enforcement actions involving regulators from numerous countries. With 13-former assistant US attorneys amongst its ranks and also aided by the recent recruitment of former Chief Investigative Counsel in the office of the Special Inspector General for the Troubled Asset Relief Program Richard Rosenfeld, the team has significant credibility before the authorities. Chicago-based co-head Vincent Connelly is representing Steve Furr, one of the principals of a “food coupon” company, in a criminal indictment alleging a massive manipulation of the process. Co-head Lynn Neils is ‘extremely experienced, thorough, practical and thoughtful’, and is ‘highly professional and persuasive in meetings with witnesses and adversaries’. The team was recently bolstered by the arrival of the ‘excellent’ Kelly Kramer from Nixon Peabody LLP. Kramer is praised for his ‘excellent understanding of the SEC and its investigatory process’.
With strong capability in Chicago, Washington DC, Los Angeles and Boston, McDermott Will & Emery LLP provides ‘extremely practical advice and unsurpassed problem-solving ability’ across DOJ and SEC investigations including matters relating to bribery, government contracting and procurement fraud and FCPA violations. Also able to leverage off the services of a formidable 180-attorney national litigation practice, the team is well-equipped to handle high-profile criminal trials. This was recently underscored by the firm’s success on behalf of former Broadcom executive Henry Samueli in achieving the dismissal of the entire criminal stock-options backdating case brought against him. The team also successfully defended John Flannery, former CEO of State Street Global Advisers, in what was one of the first cases brought by the SEC arising out of the financial crisis and subprime securities debacle. The team also benefits from a ‘lot of depth in the healthcare field’, where Russell Hayman is particularly accomplished. The ‘extremely responsive and strategic’ David Rosenbloom also handles a significant amount of work within the healthcare sector and along with ‘thoughtful, practical and creative’ Boston-based team head Michael Kendall recently represented Amgen in a major false claims case. Washington DC-based Paul Thompson has ‘thorough subject matter expertise’ and is particularly accomplished at handling internal investigations on behalf of corporates and in establishing suitable compliance programs. Clients include Aon, DaVita, Resurrection Health Care, Strong Financial and Ambac Assurance.
Headed by the ‘exceptional’ Eric Sitarchuk, Morgan Lewis’ 15-partner team provides an ‘outstanding service’ to corporates and individuals across the full canvass of criminal and government enforcement. Benefiting from numerous lawyers with former governmental experience, including one ex-White House counsel and 12-former assistant US attorneys, the practice has tremendous insight into how the government runs its cases. The firm’s overriding ethos remains on attempting to protect the client from unnecessary bad publicity and on preventative measures, however, should the matter reach the courtroom it is able to call upon an excellent cadre of noted litigators. Former White House counsel Fred Fielding is a highly trusted adviser to a raft of major corporates, as well as senior public and administration officials, and in this capacity excels at matters at the intersection of government and business. The ‘very strong’ Amy Conway-Hatcher recently conducted a 13-month FCPA compliance assessment of a major medical device company and also acts for it in ongoing DOJ suggested remedial measures. As part of her broad ranging practice, Leslie Caldwell recently represented a major corporate in an FCPA investigation into possible violations in several countries, as well as acting for the CEO of an Asian computer component manufacturer in an antitrust investigation by the DOJ. Although the firm prides itself on having practitioners who can cover the broad spectrum of white-collar matters, certain partners have unique specialisms, including former chief of the IRS criminal investigation division Mark Matthews, who excels at handling criminal tax defense matters. Clients include AstraZeneca and Guthrie Health.
Led out of the firm’s New York and California offices, Morrison & Foerster LLP provides a ‘superb quality service’ to corporates and individuals across the waterfront of white-collar issues. Sitting within its wider securities litigation, enforcement and white-collar criminal defence group, the firm is well-placed to handle work for clients on numerous fronts including regulatory investigations, congressional inquiries, grand jury trials and related civil litigation. ‘Very bright’ co-head Carl Loewenson is an ‘excellent litigator’ and is one of a number of former ex-federal prosecutors that also includes the ‘superb’ Ronald White. Loewenson is involved as a court-appointed receiver in three separate SEC enforcement actions including a continued role for the victims of the CBL Ponzi scheme (to date he has managed to secure approximately 90% of the $200m invested). Adam Hoffinger is representing Mylan Laboratories in a false claims action alleging misrepresentations to the Medicaid program regarding the FDA approval status of certain drugs. On the West Coast, James Brosnahan has an exceptional reputation and as part of his general litigation expertise is regularly involved in high-profile white-collar matters. The firm’s international network, which includes offices in London and Asia, is regularly involved alongside the US team to represent clients that are the subject of FCPA investigations.
Headed by the ‘very talented’ Mark Beck, Orrick, Herrington & Sutcliffe LLP’s 17-partner team provides expertise in a number of hot-button issues including FCPA matters, insider-trading, healthcare industry-related fraud and criminal antitrust. Washington DC-based Michael Madigan has been at the heart of a number of the most significant mandates handled by the group and is currently representing a defendant in the high-profile and potentially precedent setting FCPA case brought about as a result of a DOJ-led sting operation. Madigan is also currently representing conservative activist James O’Keefe in criminal and civil litigation following claims that the undercover recording of ACORN – a community based advocacy service for individuals on medium to low income – employees taking part in improper activities was performed without their knowledge and was doctored. Global head of litigation Walt Brown is a ‘superstar’, who is ‘feared by prosecutors’, and regularly handles white-collar matters for both corporates and individuals. ‘Brilliant, dogged, fearless and an excellent trial lawyer’, Brown is a key part of a team representing the former president of Countrywide Financial across multiple investigations and litigation arising out of the collapse of the mortgage lender. The ‘very under-rated’ Pamela Davis has ‘excellent advocacy skills’ and has been involved in more than 65 jury and court trials.
Driven out of Washington DC and with a significant presence in Houston, Baker Botts L.L.P.’s ‘strong and deep bench of trial lawyers’ are praised for their ‘knowledge of the law and the relevant prosecuting agencies’. Team head Michael Barta is ‘outstanding at working with the DOJ’ and is currently representing a prominent individual in a federal public corruption investigation. Barta has also been at the forefront of the team’s recent work on a number of high-profile multi-jurisdictional investigations. Most notably, along with ‘excellent negotiator’ Robb Voyles, he recently helped resolve a major alleged bribery case for Halliburton involving investigations in the US, UK and Nigeria, amongst others. William Jeffress is another ‘outstanding litigator’ who continues to represent Joe Price, former CFO of Bank of America, against allegations that he failed to disclose material information regarding the bank’s merger with Merrill Lynch. Houston-based Samuel Cooper is ‘really sharp’.
At Cahill Gordon & Reindel, former US attorney of the SDNY David Kelley has vast experience and credibility in the market, and within private practice is regularly involved in some of the key issues affecting the financial services industry. He is representing the group treasurer of a large international bank in connection with the high-profile LIBOR investigations and is also advising numerous individuals in the “pay-to-play” investigation brought by the New York Attorney General. The ‘vastly experienced’ Bart Friedman is another highly sought after individual within the practice and is recommended for the ‘sagacious’ advice he provides to corporates, management or independent members of the board. He is currently representing the independent directors of Freddie Mac across numerous US regulatory investigations. By no means solely confined to work in the US, the team is often involved in mandates involving an international complexion. As well as regularly advising on OFAC concerns, FCPA matters also account for a significant proportion of the team’s work – both in terms of general compliance and in response to agency investigations. Notably, the team recently represented the audit committee of Pride International regarding the conduct and recent settlement of extensive DOJ and SEC investigations into alleged FCPA contraventions in at least 11 different countries in which Pride conducted business.
While it may be smaller than some of its peers in the market, with four former high-ranking government lawyers within its team, Freshfields Bruckhaus Deringer LLP provides real gravitas and expertise to clients engaged in investigations by industry regulators and prosecutors. Leveraging off a large international network as well as a superb roster of institutional clients, the team continues to be most prominent within the FCPA arena, where Adam Siegel co-heads the global investigations practice in unison with colleagues in London and Germany. The success of the team is illustrated by the fact that since the inception of the global investigations practice two years ago, Siegel has handled in excess of 30 FCPA investigations in the US, and numerous other investigations out of the US in jurisdictions around the globe. The team is also regularly engaged by multinationals to advise on global compliance matters. Timothy Coleman specializes in representing clients in fraud and corruption investigations, and has recently been instructed by a number of companies in integrity investigations by the World Bank in connection with emerging markets projects. Aaron Marcu specializes in advising financial institution clients across the spectrum of offences including allegations of financial accounting and securities fraud and insider-trading. He continues to represent Raoul Weil, the former CEO of UBS’ global wealth management business, in criminal and SEC investigations arising from an alleged scheme to aid thousands of US taxpayers in evading their US income tax obligations. Benito Romano is also recommended and is currently engaged by a private equity firm regarding potential trade sanctions matters related to the activity of a portfolio company. Clients include Bristol-Myers Squibb, Bank of America, Daimler and Pfizer.
A staple of its litigation workload since its formation over 30 years ago, Keker & Van Nest, L.L.P.’s white-collar defense practice handles a broad array of offences for clients including securities fraud, insider-trading and price-fixing allegations. Regarded as a ‘fearsome litigation outfit’, the firm excels at taking on cases for individuals and corporates that require a robust and uncompromising approach. Name partner John Keker exemplifies these qualities and is regularly at the forefront of the most significant mandates handled by the team. As well as recently being appointed to Lance Armstrong’s legal team in the defense of federal investigation regarding alleged performance-enhancing drug use, he is also defending tomato scion Frederick Scott Salyer against racketeering and corruption charges. Elliot Peters is also recommended and regularly works alongside Keker. Jan Nielsen Little is one of the leading lights of the practice and is representing a former Citigroup employee in an SEC enforcement action regarding allegations that the bank failed to disclose information regarding certain mortgage-backed investments.
Able to tap into a the services of an experienced roster of former government lawyers – which was further enhanced in 2011 by the return of ex-senior federal prosecutor Michael Pauze and the arrival of senior counsel Donna Kooperstein from the DOJ’s antitrust division – King & Spalding LLP has excellent credibility before the agencies across a broad swathe of white-collar matters. Dividing his time between the firm’s Washington DC and Atlanta offices, the ‘very experienced’ Christopher Wray heads the special matters and government investigations practice. Reflecting the team’s all-encompassing expertise, Wray handles an array of white-collar matters including healthcare fraud, securities enforcement and FCPA violations. The team is, however, probably best-known for its ‘tremendous expertise’ within the healthcare industry. The ‘hardworking, responsive and creative’ Mark Jensen has quickly made a name for himself as an extremely accomplished lawyer within the field and is regularly called upon to represent global pharmaceutical companies faced with criminal prosecutions; Jensen recently helped Johnson & Johnson reach a global $81.5m settlement that ended a DOJ inquiry into off-label marketing of the epilepsy and migraine drug Topomax. ‘Calm and experienced’ managing partner of the firm’s Washington DC office Wick Sollers is recommended, in particular for his work within the healthcare industry.
New York-based 23-lawyer litigation boutique Lankler Siffert & Wohl LLP is best-known for its ‘truly superb service’ to individuals faced with a range of regulatory investigations and white-collar criminal defense matters. The scope of the criminal work handled by the firm covers the gamut including insider-trading, market manipulation, money laundering, healthcare fraud, public corruption and environmental violations. The esteem with which the firm is held can also be demonstrated by the roles it has had serving the courts or government in an impartial capacity, including acting as RICO administrator of the Fulton Fish market. Helen Gredd, Frank Wohl, John Siffert and John Wing all have ‘terrific reputations’.
Praised for its ‘common sense approach’, Linklaters provides a ‘great deal of business acumen’ to blue-chip corporates and financial institutions across regulatory enforcement actions, internal investigations and civil litigation. Although it is a small team in comparison with many of its peers, former government prosecutors Joseph Armao and the ‘very strong’ Larry Byrne both have an excellent reputation in the market and are ‘talented, dedicated, creative in finding favourable outcomes, and always at the top of lists of best white-collar lawyers in the US’. Able to leverage off the firm’s huge international network, the team excels at high-stakes matters often involving a cross-border component. In conjunction with the firm’s London office, Armao is representing News Corporation’s Management & Standards Committee regarding investigations related to the News of the World phone-hacking scandal. This cross-border capability is a particularly attractive proposition for clients who are increasingly faced with regulatory scrutiny not just domestically but from other worldwide regulators. This most readily manifests itself in relation to criminal antitrust mandates and bribery matters, both areas of strength for the firm. FCPA work is indeed a significant driver of the practice, a fact that is underscored by the firm’s high-profile recent involvement for BAE Systems in the DOJ and SFO investigation into alleged bribery payments.
A ‘strong go-to-team for any level of white-collar defense’, Proskauer Rose LLP’s 21-partner team has ‘excellent’ trial experience across many of the most significant current issues in the market including insider-trading, criminal antitrust, offshore gambling and securities fraud cases. ‘Talented white-collar experts’, Robert Cleary and Dietrich Snell are ‘highly thought of in New York circles’ and benefit from a wealth of litigation experience, both in their time as federal prosecutors and in private practice. The culmination of nearly seven years’ representation, notably Cleary recently secured the dismissal of the one remaining count against William Gilman, former managing director of Marsh, regarding allegations of bid-rigging, price-fixing, customer allocation, larceny, and fraud. Cleary also recently successfully negotiated a guilty plea for Robert Van de Weg, an executive with Cargolux Airlines International, in the long-running criminal antitrust air cargo case. Snell recently represented Cambium Learning Group, an educational materials publishing company, in an internal investigation into the embezzlement of approximately $14m by the former director of budget and finance.
West-Coast litigation leviathan Quinn Emanuel Urquhart & Sullivan, LLP provides ‘practical and very knowledgeable advice’ to corporates and individuals across a range of matters including healthcare fraud, FCPA abuses, criminal antitrust and securities fraud. Active across all stages of the criminal process, the team is a particularly strong choice for those seeking aggressive litigators who are not afraid to go to trial. Although the firm is ruled out of acting as defense counsel for banks (because it acts for plaintiffs in civil actions against them) and is therefore precluded from some of the highest-profile mandates on the financial services side, it still picks up a stream of significant mandates, and is, in light of the enforcement agencies’ increasingly zealous wish to bring criminal charges against individuals, well-placed because of the host of seasoned trial lawyers at has its disposal. One such heavyweight is ‘knowledgeable, professional and sharp litigator’ Jim Asperger, who is currently representing a Fortune 50 corporate in a federal grand jury investigation relating to alleged violations of environmental laws. ‘Outstanding trial lawyer and strategist’ John Potter regularly handles healthcare matters and recently secured a notable victory for Johnson & Johnson in a five-year criminal investigation and related qui tam action involving allegations of violations of the Food Drug and Cosmetic Act. ‘Great trial lawyer’ Dianne Doolittle is also regularly involved in healthcare matters as part of her broad-ranging white-collar practice. Asperger, Potter and Doolittle also recently successfully exonerated a very high-profile CEO who became the subject of a DOJ investigation. On the East Coast, former assistant US attorney of the SDNY Marc Greenwald is particularly well-versed at handling financial fraud cases and is praised for his ‘ability to map out winning legal strategies and to communicate complex issues in a manner that the lay person can understand’.
Headed out of New York by Stephen Fishbein, Shearman & Sterling LLP’s six-partner team has an increasingly strong reputation at handling significant FCPA matters. Aided by a wide international network, the team is currently representing a European-based transportation company in a DOJ criminal investigation of possible bribery in Africa, Middle East, South America and Asia. ‘An expert in the FCPA field’, co-head Philip Urofsky and the ‘professional, proactive and pragmatic’ of counsel Danforth Newcomb are at the ‘top of their field’. The team also handles a significant amount of work relating to the financial services industry. As well as the firm’s high-profile work on behalf of the Galleon hedge fund in insider-trading litigation and investigations, the team is currently representing several banks in LIBOR investigations and related litigation. Adam Hakki is noted for his work within the financial services industry and led on the Galleon matter. Clients include Cargolux, Credit Suisse, UBS and Amaranth International.
Headed by the ‘excellent’ Mark Stein and Paul Curnin, Simpson Thacher & Bartlett LLP provides ‘first-rate business-oriented advice’ to major corporates and high-profile executives across a wide spectrum of government investigations. The firm has been involved in many of the hot-button issues within the financial services industry including representing a major global financial institution in a regulatory investigation into its mortgage backed securities business and advising a major bank on the ongoing LIBOR investigation. Other highlights included successfully defending a European manufacturer in a DOJ criminal antitrust investigation regarding bid-rigging allegations. Described as a ‘real up and comer’, Joshua Levine is ‘hardworking, cautious and knowledgeable’ and is a key member of a team that was recently strengthened by the arrival of Cheryl Scarboro, former head of the SEC’s FCPA unit. Clients include JPMorgan and Christopher O’Meara.
Although it is smaller than many competitor firms, Steptoe & Johnson LLP’s ‘smart and personable’ five-partner Washington DC-based practice provides ‘strategic and accurate advice’ to a wide range of clients across a myriad investigations and litigation. Led by the ‘poised and prepared’ Brian Heberlig, the team is noted for its trial-ready approach which has manifested itself in a number of high-profile victories. ‘Go-to white-collar litigator’ Reid Weingarten is regularly sought out by politicians, celebrities and chief executives in high-stakes matters. Weingarten recently scored a highly publicized victory on behalf of former GSK associate general counsel Lauren Stevens in an obstruction case. The team ‘truly understands the law, but more importantly, it understands the dynamics of successfully working with people’.
Since its establishment two and a half years ago, BuckleySandler LLP has rapidly established itself as a significant presence in the market for handling work on behalf of financial institutions and executives accused of a range of offences including bank fraud, FCPA abuses and securities fraud. Peopled by a number of ex-big firm attorneys, including ‘great attorney and great guy’ David Krakoff, following his recent arrival from Mayer Brown, the team is regularly involved in high-profile engagements out of its Washington DC, New York and Los Angeles offices. A noted litigator, Krakoff recently successfully secured a mistrial on behalf of one of the defendants in the high-profile FCPA sting trial brought by the DOJ. Samuel Buffone is particularly noted as a criminal appellate lawyer and is currently involved in a landmark challenge to the freedom of the internet regarding the Italian data privacy indictment of Google officials.
Headed by Raymond Banoun, Cadwalader, Wickersham & Taft LLP’s business fraud group is particularly accomplished at advising a range of financial entities and corporates across various allegations of financial wrongdoing. While it lacks the preponderance of trial lawyers of some of its competitor firms, it excels at preventative measures through the provision of robust compliance programs, and also regularly handles internal investigations and audits of domestic and foreign businesses. The firm is involved in numerous matters arising out of the financial crisis, although much of that relates more to work on the securities litigation front, where Gregory Markel is well regarded.
Although it was recently weakened somewhat by the departure of former litigation head Juan Morillo to Cleary Gottlieb Steen & Hamilton LLP, Clifford Chance still has enough firepower to handle some significant mandates, particularly as they relate to clients within the financial services industry. Able to tap into a vast reservoir of leading firm-wide corporates and financial institutions and aided by an extensive global footprint, the team specializes in handling multi-jurisdictional mandates, such as the firm’s role for a major financial institution in its LIBOR investigations and related litigation. Involving lawyers in New York and London, this mandate exemplifies the firm’s ability to provide a coordinated approach to mandates across international offices. Other highlights included advising a major financial services firm in a government investigation into potential violations of US economic sanctions and export control regulations, money laundering, fraud and conspiracy statutes. Steven Cottreau and David DiBari are recommended. Clients include BNP Paribas, Dubai Islamic Bank and UBS.
Sitting within its broader litigation group, Cooley LLP’s strength for white-collar criminal defense work lies in its ability and willingness to try cases. Able to call upon the services of nine-former US attorneys and assistant US attorneys on both coasts, the team benefits from great credibility before the agencies. Although it regularly handles work for corporates, many of the firm’s most notable recent successes have been on behalf of individuals, including its recent successful defense of baseball player Roger Clemens against charges that he lied in his testimony to Congress regarding performance-enhancing-drug allegations. The team also recently successfully persuaded the government to drop all felony charges against US businessman and senior adviser to the Republic of Kazakhstan James Giffen, who was charged with bribing foreign government officials in his role of brokering major oil deals between major US-based multinational oil companies and the Kazakh government. William Schwartz led on this matter and is an integral part of a team that also includes Mike Attanasio and Stephen Neal, the latter who is representing a key individual in civil litigation and investigations by the DOJ regarding the DeepWater Horizon oil spill.
Headed by David Schindler and Steven Bauer, Latham & Watkins LLP’s Los Angeles-based team handles a range of white-collar matters including securities fraud, FCPA abuses, healthcare matters, improper political contributions and tax fraud. Able to leverage off a broad international footprint, the team is well-suited to the increased internationalization of work in the area and regularly picks up cross-border mandates. For example, it recently represented a Fortune 500 company on internal FCPA investigations in China and Taiwan. ‘An expert at dealing with the DOJ and SEC’, Schindler’s expansive practice ranges from the defense of white-collar and government investigations to healthcare fraud issues. Washington DC-based Roger Goldman is ‘an expert at handling healthcare regulatory matters’.
Washington DC-based Miller & Chevalier Chartered effectively combines the focused expertise of a boutique with the strength and critical mass of a full-service firm. Excelling at handling work at the intersection of the federal government and the global economy, the firm is a natural choice for both individuals and corporates engaged in sensitive government investigations. As part of his broad-ranging practice, Mark Rochon is regularly involved in cross-border work and is currently representing a major energy company in DOJ/SEC and parallel SFO investigations into alleged FCPA and UK Bribery Act violations. A former certified public accountant, a significant amount of Barry Pollack’s practice is in representing clients engaged in complex financial litigation, often involving accounting fraud. The team was recently enhanced by the arrival of healthcare expert David Resnicoff, formerly in-house at Baxter International, and Thomas Zehnle from Bryan Cave LLP, who specialises in criminal tax matters.