The Legal 500

The white-collar criminal defense section is broken down into three sub-sections: Full Service, Mainly Individuals and Mainly SEC Enforcement. Firms are ranked in terms of excellence within each specialization but no firm is named in two sub-categories.

The best white-collar practices are able to turn a hand to the full range of corporate crimes such as fraud, bribery and embezzlement, be it in a defense or enforcement capacity.

White-collar criminal defense and SEC enforcement has increased since the economic downturn. Many firms have reinforced their East Coast presence due to an upsurge in multiple investigations into collapsed financial and lending institutions.

The role of the Foreign Corrupt Practices Act in white-collar cases also continues to inflate due to an increase in FCPA investigation - linked to a government crackdown - into oil, pharmaceutical and wireless communication companies located in developing countries. Multinational corporations are also progressively keen to conduct internal investigations into their international operations.

A firm’s appearance and position in the ‘full service’ table depends primarily on its ability to litigate cases effectively on behalf of corporate and individual clients, with its SEC enforcement capabilities an additional consideration.

In this most confidential of practice areas, many of the best successes do not result in an indictment and often cannot be reported in the media.

Davis Polk & Wardwell

PRACTICE: The white-collar practice at Davis Polk & Wardwell is best known for its ‘wonderful practitioners’, many of whom have served at the US Department of Justice (DoJ) and the SEC. Clients consider this New York-based group to be ‘outstanding’. The practice is renowned foremost for its ‘leading light’, former US attorney general Robert Fiske, who is ‘uniformly respected and admired’.

Having handled SEC enforcement, internal and state agency investigations for more than two decades, the practice is notably representing high-profile mortgage lender Freddie Mac in investigations by the DoJ following its public collapse and government bailout in July 2008.

The practice also represents the special committee of Wellcare Health Plans in investigations by the Federal Communications Commission (the FCC), the Department of Health and Human Services, and the Florida state attorney’s office following the company’s internal investigation.

Another significant client for the firm is the American Italian Pasta Company, which the practice represented in several matters. The group reached a significant settlement without incurring any fines on behalf of the company in an SEC investigation into its accounting operations.

CLIENTS: Clients include Wellcare Health Plans, Freddie Mac, WP Carey, and the American Italian Pasta Company.

INDIVIDUALS: Based in the New York office, Robert Fiske ‘ranks top above everyone’, being an ‘extraordinary’ and ‘outstanding’ lawyer, who is recognized as ‘the statesman of this bar, the dean of this practice area’. He is ‘very savvy, very smart, extraordinarily experienced’. Clients also strongly recommend Denis McInerney, again in the New York office; he is described as a ‘fierce advocate’, a ‘very, very talented attorney and a tireless worker’.

Debevoise & Plimpton

PRACTICE: Debevoise & Plimpton has a reputation as a ‘fine firm’, not least because of its chair, former US attorney Mary Jo White, who is considered ‘outstanding for internal investigations’ and known for ‘getting it right’ by building a rapport with the government and DoJ judges. The already strong team of FCPA experts, former US attorneys and assistant US attorneys welcomed former US attorney general, Michael Mukasey to the firm in February 2009. Sean Hecker was also made a partner in the New York white-collar group in 2008.

Debevoise & Plimpton’s involvement in the gargantuan Siemens global investigations aptly illustrates its broad international capabilities. The multi-jurisdictional investigations, which ran from 2006 to 2008, used 65 Debevoise & Plimpton lawyers to address allegations across several continents. The practice was large and pliable enough to post attorneys to Germany during the investigations, which ranged from compliance to criminal matters, due to multifarious contracts the conglomerate had with several governments.

The firm also notably obtained a civil resolution on behalf of Artemis and its chairman, Francois Pinault, in the face of a US attorney’s investigation, meaning neither its client or client’s employees were charged.

CLIENTS: Significant clients include Siemens, Artemis, Alliance Capital Management, Bristol Myers Squibb, Coca-Cola, Merck & Co, a special committee of the Tommy Hilfiger Corporation and Universal Music Group.

INDIVIDUALS: Former US attorney Mary Jo White, who is based in the New York office, is described as a ‘a real star’, ‘top-notch’, ‘prominent’, ‘extraordinary’ and an ‘extremely talented’ white-collar attorney. She is also respected for having developed and running ‘a good group’. Bruce Yannett, also in the New York office, was a prominent figure in the Siemens investigation and is well regarded for his FCPA work, an area in which he has practiced for 20 years.

Paul, Weiss, Rifkind, Wharton & Garrison LLP

PRACTICE: Paul, Weiss, Rifkind, Wharton & Garrison LLP’s white-collar group has strengthened significantly with the recruitment of two highly experienced new partners. The addition of Walter Ricciardi, former second-in-command at the SEC, was followed by Beth Wilkinson, former co-chair of Latham & Watkins LLP’s white-collar group, in January 2009. These new members supplement an already skilled team including a former US attorney general and former federal prosecutor, Mark Pomerantz, who is ‘well known and talented in court’.

The group undertakes a range of representations in relation to regulatory and internal investigations.

In September 2008, the team secured $115m for its client, American International Group (AIG), the largest payout in a Delaware Court in the history of derivative lawsuits. In the same year, the practice attained $364.2m in counterclaim damages for its client, Citigroup, and a full turnaround of an original suit filed by Italian dairy company, Parmalat. Following initial accusations that Citigroup was complicit in an accounting fraud case in 2003, Parmalat was charged with defrauding it in a counterclaim put forth by Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Other successes in 2008 were numerous, including representations of CEOs and CFOs from banks, pharmaceutical, financial services and technology companies.

CLIENTS: Corporate representations include AIG, Bear Stearns, Wachovia, Lehman Brothers, ExxonMobil, and the sons of Bernard Madoff in the highly publicized ponzi fraud scheme.

INDIVIDUALS: Based in the New York office, former federal prosecutor Mark Pomerantz is considered to be an ‘extraordinary lawyer’ and a ‘wonderful advocate’, with ‘deep experience, tremendous judgement and intelligence’. ‘High-profile and capable’ Theodore Wells, also in New York, is considered to be the ‘cream of the crop in the US’, a ‘wonderful’ lawyer boasting ‘terrific trial experience’. Litigation partner Beth Wilkinson, who is based in the Washington DC office, is also described as ‘absolutely terrific’.

Wachtell, Lipton, Rosen & Katz

PRACTICE: Wachtell, Lipton, Rosen & Katz’s practice is considered by clients to be ‘top of the top’ with a ‘deep bench’. The group enjoys the benefit of skilled attorneys such as Lawrence Pedowitz, who ran the criminal division of the US attorney’s office, and ‘ranks above all others’. Illustrative of this, the head of the litigation department, Wayne Carlin, was formerly in charge of the Northern district for the SEC and John Savarese was previously at the US Attorney’s office before joining the firm in 1988.

Traditionally a corporate securities firm, Wachtell, Lipton, Rosen & Katz’s white-collar criminal defense practice started two decades ago with insider trading investigations that has grown to cater for clients numerous sectors, from the financial to the pharmaceutical.

Wachtell, Lipton, Rosen & Katz played an important role in reaching a deferred prosecution agreement in February 2009 with the government on behalf of UBS following a series of tax fraud investigations by the DoJ’s tax division, the SEC, the Internal Revenue System and Swiss authorities.

It was famously involved in the defense of El Al airline during a two-year investigation into airlines across the world concerning price-fixing in the air cargo industry. The client submitted a damage-limitation guilty plea in 2008.

It is also involved in investigations on behalf of multinational corporations regarding breaches of regulations set by the Office of Foreign Asset Control (OFAC), which prohibit companies engaging in transactions with companies in certain countries.

CLIENTS: Clients include UBS, El Al and Citigroup, as well as the NBA following alleged bets placed by a referee.

INDIVIDUALS: Based in the New York office, former Supreme Court clerk, Larry Pedowitz, is recommended by clients for being ‘just sensational, the best partner in dealing with an issue’. He is described as a ‘brilliant tactician’ with ‘eminent good judgement’. Also based in New York, David Anders and John Savarese also receive very positive feedback from clients.

Skadden, Arps, Slate, Meagher & Flom LLP

PRACTICE: Skadden, Arps, Slate, Meagher & Flom (UK) LLP has a reputation for being a ‘top firm’ with an impressive ‘spread of offices’. What distinguishes Skadden, Arps, Slate, Meagher & Flom (UK) LLP’s white-collar group from those at other firms is that it is self-contained, not a subsection of a wider litigation practice as is usually the case. The practice is one of the largest standalone white-collar groups in the country: 34 lawyers work full-time on white-collar matters, of which three-quarters are former federal prosecutors.

Throughout 2008, the group strengthened its New York presence in anticipation of cases from the financial fallout. David Meister, Warren Feldman and John Carrol joined the New York office from Clifford Chance.

Among recent work highlights, the group obtained a decision preventing the US government from presenting questionably sourced evidence alleging that its client Frederick Schiff, a former chief financial officer of Bristol-Myers Squibb, had committed securities fraud.

It also attained the release of its client, Martin Liechti, a senior banker at UBS, who was arrested in Florida on a material witness warrant for tax evasion by US citizens with offshore accounts. Other corporate representations in 2008 included a number of feeder funds in the Madoff investigation.

CLIENTS: In addition to Schiff and Liechti, other clients include Merrill Lynch and Morgan Stanley in auction rate securities matters.

INDIVIDUALS: Robert Bennett, who leads the Washington DC office, is referred to as a ‘prince’ among lawyers, as testament to his ‘immense reputation’ for white-collar work. Richard Marmaro, who is based in the Los Angeles and San Francisco offices, is ‘respected’ in the market for ‘handling significant cases’ and is viewed as a future leader, ‘poised to take over the reins’. Clients comment that Jay Kasner in New York is ‘truly first-rate’ and ‘becoming one of the leading securities lawyers in America’. Warren Feldman, also in the New York office, is considered to be a ‘first-rate defense lawyer’ with ‘great people skills and a keen understanding of how the system works’.

Sullivan & Cromwell LLP

PRACTICE: ‘Very well thought of’ in the industry, Sullivan & Cromwell LLP’s practice focuses on corporate governance issues, corporate and individual representations and employment advice. Its combination of regulatory federal prosecutors with former bank regulatory counsel gives it an edge for financial white-collar matters.

The New York office is the firm’s main base for financial white-collar matters, and the practice represented a number of well-known clients in investigations stemming from the subprime mortgage crisis and the wider financial turmoil.

With subprime matters rapidly increasing in number, the practice is handling a lot of follow-on cases regarding stock-options-backdating, the Foreign Corrupt Practice’s Act, and insider trading. For example, the practice represented UBS in a series of investigations relating to the company’s subprime and securities losses, and in a class action case concerning the declining value of UBS stock. In June 2008, the practice also helped secure a $108m reimbursement for Italian bank, Intesa San Paolo, for funds leached in a fraud case dating back to 1990. The practice represented mortgage lender, Moody’s, in two investigations in 2008 relating to mortgage-backed securities rates.

The team handled ten individual white-collar defense representations in 2008 and early 2009, including the defense of Michael Stepp, former CFO of bankrupt automotive supplier Collins & Aikman, against allegations of fraud in a criminal trial and civil SEC case.

Another client, New York City Council, is under investigation by the US Attorney General for the Southern District of New York and the New York City Department of Investigation for alleged fraudulent budget practices.

CLIENTS: Just a handful of the group’s long list of corporate clients include Intesa San Paolo, Moody’s, UBS, the Bank of Montreal, BP, SafeNet and Regions Financial Corporation. Examples of individuals represented by the practice are the former CEO of Affiliated Computer Systems and the former head of human resources at Broadcom in respective investigations.

INDIVIDUALS: ‘Totally capable in the courtroom’, Karen Seymour in the New York office is well regarded in the field and praised for being ‘absolutely terrific’ and ‘level-headed’, with ‘great judgement’, and ‘remarkable abilities in this area’. Steve Peiken, also based in New York, is described as ‘an excellent lawyer’ for white-collar matters.

Covington & Burling LLP

PRACTICE: Clients recommend Covington & Burling LLP’s white-collar practice because it has ‘specialists in every conceivable area’, which many find ‘a lot simpler than having to co-ordinate several different firms’. The ‘consistently careful’ attorneys are praised for being ‘practical and experienced’, ‘responsive, knowledgeable and pleasant to work with’.

The team experienced a great deal of employee movement in 2008 and early 2009, including the high-profile departure of Eric Holder, who left the firm to take office as US attorney general in January 2009. Partner Aaron Marcu also left the group in February 2009 to join Freshfields Bruckhaus Deringer LLP. However, the practice recruited Michael Chertoff, former secretary of the US Department of Homeland Security, in 2009 and elected 12 new partners in 2008, making it one of the largest white-collar groups in the country.

In June 2008, the group successfully attained a dismissal of all suits filed against its client, the special litigation committee for Hewlett Packard, after it faced inspection by the SEC, FCC and Congress following accusations of using unlawful tactics to hunt out the individuals who leaked information to the press.

The practice was involved in several stock-options-backdating cases in 2008, including the internal investigation on behalf of health insurer UnitedHealth that resulted in the firing of its chairman and several other employees.

It continued to handle civil litigation on behalf of its client, Chiquita Brands International, following on from a case involving alleged payments made to a Colombian terrorist organization in 2008.

The practice spent two years working on a stock-options-backdating case for UnitedHealth, after which the company was not charged and the practice recovered the amount of the settlement from its former executives. In January 2008, the practice was called in to represent Major League Baseball (MLB) player Roger Clemens in a high-profile investigation against allegations of performance-enhancing drug use. The group was also involved in matters on behalf of Yahoo!, following the company’s release of the email address of an arrested democracy protestor in China.

CLIENTS: Clients include Chiquita Brands International, the special litigation committee for Hewlett-Packard, UnitedHealth, Yahoo!, Freddie Mac, MLB player Roger Clemens, and the former head of banking at UBS.

INDIVIDUALS: John Hall in the Washington DC office receives very positive feedback from clients for his work on white-collar matters. Bruce Baird in Washington DC and Nancy Kestenbaum in New York are recommended for being ‘incredibly smart and attentive to detail; very responsive; never over-reactive and always available’.

Williams & Connolly LLP

PRACTICE: Washington DC-based Williams & Connolly LLP’s white-collar practice is well regarded by those in the field for its ‘great lawyers and trial lawyers and investigators’, most notably Brendan Sullivan, Jerry Shulman and David Lynn. Jon Fetterolf was promoted to partner in 2008.

The firm has a reputation for representing very high-profile clients at trial. Brendan Sullivan gained eminence for arguing on behalf of defendants in the Iran-Contra affair, Lieutenant Colonel Oliver North and former HUD Secretary Henry Cisneros.

Sullivan represented Alaskan senator, Ted Stevens, who was indicted by the DoJ in July 2007 on seven counts of accepting bribes from oil services-company VECO, including home renovations and car upgrades. These charges were later dropped by the attorney general after it emerged that evidence, which proved his innocence, had been withheld from the defendant.

In January 2009, the firm represented law firm K&L Gates following allegations of malpractice made by the Washington DC Superior Court.

CLIENTS: Recent clients include K&L Gates and Ted Stevens.

INDIVIDUALS: Brendan Sullivan is described as a ‘very, very good’ white-collar defense practitioner.

Dechert LLP

PRACTICE: Recommended for its ‘competent, credible, strategic and thorough’ attorneys, this practice is respected for having the ‘knowledge to understand the intricacies of the matter being investigated’.

As one of the largest practices in the country, with 100 attorneys in eight US offices, in 2008 it handled a very high quantity of white-collar cases for high-profile and corporate clients, achieving many favorable settlements.

Most remarkably, the practice represented ten directors of Lehman Brothers in the securities investigations that followed the investment bank’s bankruptcy. Another major client for the group is GlaxoSmithKline, which the practice continued to represent in 2008, following various successes in suits filed by the Attorney General, New York Counties and the DoJ.

Another significant representation was Monster Worldwide, for which the group was sought as special counsel in SEC enquiries and recovered $21m.

The group represents a wide range of clients including municipal sewage processor Synagro in investigations of alleged bribery for contracts with Detroit City Council.

The practice also represented the Lower Manhattan Development Corporation (LMDC) in an investigation by ten assistant district attorneys into whether any party can be held criminally responsible for the deaths of two New York City fire fighters in the Deutsche Bank building fire, which LMDC owned, or related fraud.

CLIENTS: Representations include Lehman Brothers, GlaxoSmithKline, Synagro, LMDC, Monster Worldwide, Astoria Federal Savings, Whole Foods Market, Oppenheimer Funds, Household Consumer Product Company, the Philadelphia Board of Ethics and the CEOs and CFOs of several corporate companies and banks.

INDIVIDUALS: Andrew Levander, who is based in New York, is described as ‘an outstanding white-collar litigator’. Also based in New York, Robert Jossen is described by clients as a ‘pragmatic, careful thinker’, and a ‘good communicator’ with ‘excellent and consistent judgement’. Based in the Philadelphia office, Cheryl Krause is recommended by clients for being ‘extremely intelligent and competent, calm and steady’.

Catherine Botticelli, in the Washington DC office, is praised for ‘staffing the work, managing costs, and just being very, very responsive’.

Fried, Frank, Harris, Shriver & Jacobson LLP

PRACTICE: Fried, Frank, Harris, Shriver & Jacobson LLP’s white-collar group is recommended by clients for its ‘outstanding’ lawyers, ‘thoroughness and attention to detail’, and ability to ‘put enough resources to work where required’. Clients are particularly positive about the group’s commercial litigation and antitrust capabilities.

The practice’s bench includes attorneys from the US attorney’s office, and several more that held prominent roles in the SEC.

The group is regularly called upon to tackle audit failures issued by the Public Company Accounting Oversight Board and investigations instigated by the New York Stock Exchange. In 2008, the firm introduced a Financial Services Task Force to address mounting financial concerns, but the group’s FCPA work has been criticized by clients.

A long list of SEC-related and white-collar representations includes acting for numerous hedge funds in investment, insider-trading and accounting investigations by the New York Attorney General, the United States Attorney’s office for the Eastern District of New York and the SEC, respectively. These stand alongside a stream of representations of executives and companies in the healthcare, insurance and accounting sectors, in addition to public companies. Individual representations include the CFO of a large pharmaceutical company in connection with a civil fraud suit brought by the SEC.

CLIENTS: Clients include American Savings Bank, the State of Delaware and the audit committee of R&G Financial.

INDIVIDUALS: Clients describe Washington DC-based Dixie Johnson, chair of the committee on Federal Regulation of Securities of the American Bar, as ‘superb’. Also resident in the Washington DC office, Kevin Harnisch is considered ‘very good’ and ‘very thorough’. Michael de Leeuw, who is based in New York, is recommended by clients for being ‘very good at strategy’, ‘intelligent and hard-working’. Also in New York, Audrey Strauss is ‘extraordinarily able’, ‘careful, creative, hard-working’, and ‘top-notch’.

Gibson, Dunn & Crutcher LLP

PRACTICE: The strength of Gibson, Dunn & Crutcher LLP’s white-collar practice lies foremost in its strong bench of former assistant US attorneys, a former judge and SEC veteran Mark Schonfeld. Former chief of the Criminal Division in New York, Lawrence Zweifach, joined the firm in 2008 from Heller Ehrman.

The group was involved in several significant SEC enforcement issues in 2008 and early 2009, such as its representation of Statoil. The practice has represented the oil company since 2006 in its compliance with a deferred prosecution agreement with the SEC and US government regarding FCPA matters. It has also acted successfully on behalf of Swiss Re since 2004 in response to investigations by the SEC, DoJ and other regulators, without any charges being brought against the client.

The practice has fought against class actions and regulatory charges on behalf of Deloitte, since Royal Ahold, a company it audited for, was found to have engaged in fraud in 2004.

Among individual representations, the firm worked on behalf of Joseph Cassanno, a former senior executive of AIG, in relation to the company’s credit default swap. Aside from litigation, the practice was appointed by the DoJ to act as an independent monitor in issues relating to kickback payments relating to artificial hip and knee products.

CLIENTS: Clients include Facebook, ENK International, Statoil, Deloitte, UBS, Multinational Broadcasting, Quest Diagnostics, Nursing Personnel and Empire Blue Cross.

INDIVIDUALS: Lawrence Zweifach, who is based in New York, is described as a ‘very wonderful lawyer’ with ‘wonderful judgement’.

Kramer Levin Naftalis & Frankel LLP

PRACTICE: Much of Kramer Levin Naftalis & Frankel LLP’s success in white-collar cases lies in the experience of its partners. The firm’s co-chair, Gary Naftalis, has a ripe reputation in the field for high-profile representations such as Michael Eisner, former CEO of The Walt Disney Company in 2005. In evidence of his sturdy reputation in the field, Naftalis was selected as counsel to the City of New York in the face of inquires into whether criminal negligence was at the center of the Deutsche Bank fire in 2007.

Part of a New York-based firm, the practice has been ready to catch cases from the financial fallout and, most significantly, was lead counsel for Bear Stearns following the collapse of two investment funds in the wake of the sub-prime mortgage crisis.

One of the practice’s most momentous successes in 2008 was the defense of the former managing director of AIG, David Pinkerton, who was dismissed from all bribery and other charges of conspiring to enter into an oil deal with Azerbaijan in July 2008 by a New York federal judge. The practice also achieved a favorable settlement in representation of United Rentals in an SEC investigation into the firm’s accounting processes.

CLIENTS: Recent noteworthy clients include Bear Stearns, former managing director of AIG, David Pinkerton, United Rentals and the City of New York.

INDIVIDUALS: Based in New York, Gary Naftalis is recommended by clients as ‘one of the top lawyers in the world - a man of enormous character integrity and incredible competence.’ Also based in New York, Barry Berke is singled out by clients as excellent for crime.

Munger, Tolles & Olson

PRACTICE: Munger, Tolles & Olson’s white-collar practice is based in Los Angeles and San Francisco. Although it lacks an East Coast base, it is well known for ‘some wonderful lawyers’. Ten of the firm’s lawyers formerly worked at the DoJ and a similar number work on white-collar criminal defense cases at any one time.

Ron Olson represented Gen Re in a series of investigations by the SEC, DoJ and the New York Attorney General into its insurance transactions with AIG.

In October 2008, the practice settled a civil lawsuit for Boeing in which Lockheed Martin claimed the aviation-company had stolen its trade secrets.

The firm’s individual representations included the former CFO of Apple in a stock-options-backdating investigation by the SEC and the DoJ.

CLIENTS: Individual clients include the former CEO of Apple, Fred Anderson, and the former CEO of Brocade, Greg Reyes.

INDIVIDUALS: Los Angeles-based Brad Brian is a ‘very able lawyer’ with ‘wonderful judgement’ and ‘great technical knowledge’. Also in Los Angeles, litigation partner Ronald Olson is regarded as a ‘wonderful lawyer’.

Richards Kibbe & Orbe LLP

PRACTICE: Amongst Richards Kibbe & Orbe LLP’s six-partner white-collar team are two US attorneys, former federal prosecutors and former associate director in the SEC’s division of enforcement, Michael Mann.

The practice takes on a high volume of work, but also operates on high-profile cases. Most notably, Lee Richards was chosen by the SEC to act as receiver in the $50bn Bernard Madoff ponzi fraud case. Richards served as receiver in the case from December 2008 until March 2009.

Throughout 2008 and early 2009, the practice took on 50 corporate and individual clients, none of which was indicted. Three-quarters of the individual representations were in the financial industry.

The group also represented Christine Quinn, a city legislator of New York involving the distribution of discretionary funding in investigations by the United States attorney’s office for the Southern District of New York and the NYC Department of Investigations. It represented the audit committee of One Liberty Properties in investigations by the DoJ and the SEC into alleged misconduct of its CEO, matters which came to a successful conclusion in 2008 after two years.

CLIENTS: Clients in addition to those mentioned above include JPMorgan and Wachovia.

INDIVIDUALS: Clients describe Lee Richards and his group as ‘fine lawyers’.

Sidley Austin LLP

PRACTICE: This white-collar practice provides a ‘first-rate’ quality of service with ‘outstanding’ responsiveness. Clients praise the practice’s ‘high quality’, ‘smart, practical and well connected’ lawyers, who are well known for their ‘impeccable advice’ and ‘practical approach’.

Comprising ‘consummate professionals who have handled complex issues and problems with thoroughness and tenacity’, this 14-strong practice includes former US attorney Scott Lassar, one of the few lawyers in the country to have obtained an acquittal on behalf of a Fortune 100 company in a criminal trial.

Significantly, the group has a strong SEC backbone including a former associate director for the SEC’s enforcement division and a former co-head of enforcement for SEC’s New York office. Additions to the team in 2008 include Sanjay Bhandari and Jose Sanchez from the SEC, and Tim Treanor, who was formerly deputy chief for the organized crime unit in Manhattan.

The practice covers SEC investigations, congressional investigations, internal investigations and compliance, environmental enforcement, class action antitrust, global climate change class action and ERISA class action, as well as securities fraud and IP litigation matters. On the counseling side, the practice covers professional liability, corporate transactional and government contract compliance work.

Those who have used the firm for white-collar criminal and compliance matters are ‘impressed with the firms ability to provide practical advice upon a phone call and to marshal a legal team when required to handle matters efficiently and promptly’.

In May 2008, the group represented Duke Energy in an environmental enforcement trial, in which the allegations were dismissed.

Karen Popp acted as lead counsel for Statoil in an FCPA investigation, which was being reviewed by the DoJ and the FCC in early 2009. The governor of Puerto Rico hired the team in March 2008 in a high-profile case after facing charges of bribery.

CLIENTS: Clients include corporations such as Kraft Foods, Tyson Foods, Navassar, KPMG and Statoil, and individuals such as the former CEO of Freddie Mac, Richard Syron, and the former CEO of Kmart.

INDIVIDUALS: Chicago-based Scott Lassar is ‘experienced and extremely well-regarded’ for white-collar crime and compliance work, regarded by clients as ‘top-notch’ with ‘excellent judgement’ and ‘high integrity’. All of the other recommended attorneys are based in Washington DC.

Thomas Green and Mark Hopson are ‘litigators extraordinaire’, and Paul Gerlach is described by clients as ‘a leader, and his counsel is always wise and thoughtful’. He is also ‘extremely knowledgeable and responsive’, and possesses ‘true insight into how government agencies work on enforcement matters’. Kristin Koehler provides ‘well-informed’ guidance, and Bradford Berenson is regarded as a ‘strong advocate’ with a ‘brilliant mind’ - a ‘premier choice of counsel for persons being subjected to a congressional or criminal investigation’. Attorney David Petron is another ‘strong lawyer’.

Hogan & Hartson LLP

PRACTICE: Founded by Frank Hogan in 1904, Hogan & Hartson LLP has the oldest white-collar criminal defense practice in Washington DC. The bench now has 22 regulatory specialists including former regional director of the SEC, Dan Shea, former prosecutors, former US attorneys and experts in healthcare. Charles Rosenberg, formerly US attorney for the Eastern District of Virginia, joined the white-collar practice in October 2008. The group has five offices around the country and a large regulatory practice in Washington DC.

In 2008, the team represented AIG in a congressional hearing and IBM in a government contracting case in which the government announced it would not take any action. The group also resolved a matter favorably on behalf of its client former CIA agent Mary McCarthy, preventing her from being prosecuted for communicating information about alleged torture programs.

The practice’s internal investigation on behalf of the audit committee for the board of directors for KVIC led to SEC and DoJ investigations into management misconduct by the CEO.

Home Depot was also represented by the practice in a series of SEC investigations into stock-options-backdating that concluded in early 2008 with no action taken against the company.

CLIENTS: Representations included AIG, Ferris Baker Watts, IBM, Home Depot, and the audit committee for the board of directors of KVIC.

INDIVIDUALS: Ty Cobb, chairman of the white-collar criminal defense and investigations practice, is a longstanding fellow of the American College of Trial Lawyers.

Latham & Watkins LLP

PRACTICE: Latham & Watkins LLP’s practice brings together former judicial clerks, a former federal judge and the former associate director of the SEC, Lawrence West. The team of 30 partners and as many associates continued to grow with the addition of four new partners in 2008, including former deputy assistant attorney general for the criminal division at the DoJ, Barry Sabin. Alice Fisher also returned to the firm from her two-year role as assistant attorney general for the criminal division of the DoJ.

A lot of the team’s work in 2008 involved representing investment banks in SEC investigations and FCTPA fraud cases in the wake of the collapse of many key financial players.

Individual representations included the defense of Salvatore Sodano, the former CEO of the American Stock Exchange, against allegations that he had failed to enforce securities regulations.

CLIENTS: Clients include former CEO of the American Stock Exchange, Salvatore Sodano, and the CEO and the senior risk manager of a Fortune 20 company.

INDIVIDUALS: Clients describe Los Angeles-based Miles Ruthberg as ‘an exceptionally talented attorney’. He is recommended as ‘a tenaciously effective litigator’ and ‘a sage counselor with exceptional judgement’.

O’Melveny & Myers LLP

PRACTICE: O’Melveny & Myers LLP’s white-collar practice, which is galvanized by former SEC members, produces consistently good results in both SEC led and internal investigations. At the end of 2007, SEC and FCPA specialist, Richard Grime, joined the firm.

One of the most significant successes for the firm in 2008 was its investigation into stock-options-backdating at Embarcadero Technologies on behalf of the company’s audit committee. After the company’s own management team had failed to find evidence of stock-options-backdating, O’Melveny & Myers LLP’s practice proved otherwise in its investigation, which led to three former executives of the company being charged with securities fraud.

The group also obtained $4.5m in compensatory and punitive damage payments for Contessa Foods in an employee mobility case. Following a six-week trial, Thai Foods Company was charged with stealing Contessa’s staff.

Stock-options-backdating cases in 2008 included the representation of former general counsel of Broadcom, David Dull, in investigations by the SEC and the DoJ. The practice was also appointed to act as compliance monitor for Schnitzer Steel Industries following a deferred prosecution agreement regarding FCPA issues.

CLIENTS: Clients include Qwest Communications, Broadcom, Contessa Foods and the audit committee of Embarcadero.

INDIVIDUALS: Clients describe Carolyn Kubota, in the Los Angeles office, as ‘smart, experienced and zealous in her advocacy’ in ‘governmental inquiries and investigations’.

Winston & Strawn LLP

PRACTICE: The white-collar practice can draw on derivatives and hedge funds expertise, former state prosecutors and former SEC members among the 100 attorneys who work on white-collar cases.

In 2008, Tom Kirsch joined the corporate compliance program group after spending a year as a US attorney at the DoJ.

The practice represented its client MedQuist in several white-collar matters in 2008 and early 2009, including investigations by the DoJ, the SEC and the Department of Labor. The practice also guided the company’s audit committee through two internal investigations following a whistle-blower’s allegation of fraud and outsourcing reports in contravention of its contract with the US government.

The practice also resolved SEC and DoJ investigations into its client, a major national petroleum-producer, without charges.

CLIENTS: Representations include MedQuist and a major petroleum company.

INDIVIDUALS: Dan Webb in Chicago is ‘a force of nature, tireless’.

Clifford Chance

PRACTICE: The combined international and regulatory expertise of Clifford Chance’s practice makes the team well equipped to deal with cross-border regulatory investigations. The bench includes former regulators, such as an ex-head of the FSA and former Deputy of Commerce, Wendy Wysong. That said, the white-collar group lost several key lawyers, including David Meister, Warren Feldman and John Carrol, who moved to Skadden, Arps, Slate, Meagher & Flom LLP in December 2008, leaving question marks about the remaining seven-partner practice.

In an area that demands global reach, the firm has the benefit of a global footprint and it is not surprising that international investigations and FCPA cases are the practice’s specialty.

In 2008, the practice represented Morgan Stanley when the bank was confronted with investigations into the information it provided to clients concerning the liquidity of the auction rate securities market, obtaining settlements for the bank in investigations led by the New York Attorney General and the Illinois Securities Department.

Another successful outcome was obtained for former New York Stock Exchange employee, Michael Stern, who was acquitted of his criminal securities fraud conviction in July 2008.

CLIENTS: In addition to the above, the practice also represents the former CEO of United Rentals, Wynnefield Capital, the trustees of a money market fund, a former executive of a major investment bank, and a European bank.

INDIVIDUALS: Mark Kirsch has a reputation for achieving good results in white-collar securities matters.

Cooley Godward Kronish LLP

PRACTICE: Cooley Godward Kronish LLP’s white-collar practice comprises ten former federal prosecutors across six offices nationwide. In 2008 the practice had a great deal of success in trials, obtaining favorable results for three criminal defendants on trial and a reversal on a securities fraud case in the New York federal appeal court.

Most notably, the group gained a dismissal of all charges for its client Kent Roberts, the former general counsel of McAfee, whom it defended against allegations of mail fraud and stock-options-backdating felonies at trial in October 2008.

It was also victorious in a lengthy representation of former Andersen partner, Daniel Stulac, in two trials in 2007 and 2008 after he was charged with allegedly committing bank and securities fraud in his role as auditor for software producer Peregrine Systems. The verdict of the trial was in favor of the defendant.

Another success was on behalf of Edward McNenney, former managing director of insurance company Marsh, in a bid-rigging case stemming from 2005 that resulted in a verdict that vacated 36 of the 37 counts of fraud and larceny, except one that was appealed.

The group also won acquittals on three of four counts of securities fraud brought against its client, former management committee member of Van Der Moolen Specialists, Mr. Hayward. It won the appeal on the fourth count in August 2008.

The team also reached a settlement on behalf of a retail food chain in an SEC investigation, and is defending politicians, lawyers and senior executives from large corporations in trials set for 2009.

CLIENTS: Individual representations include the former general counsel of McAfee, Kent Roberts; former partner at Andersen, Daniel Stulac; former managing director of insurance company Marsh, Edward McNenney; former management committee member of Van Der Moolen Specialists, Michael Hayward and Mayer Roofing.

INDIVIDUALS: Based in the New York office, the practice group’s head, William Schwartz, is described as an ‘unusually gifted lawyer’. Clients also single out Bill Grauer, who is based in the San Diego office, as an excellent white-collar practitioner.

Kirkland & Ellis LLP

PRACTICE: Clients recommend Kirkland & Ellis LLP’s white-collar criminal defense and securities enforcement practice, which is staffed with 40 ‘bright and motivated lawyers’. In early 2009, the practice hired former federal prosecutor Henry DePippo.

The team is representing BP North America Products in the Court of Appeals for the Federal Circuit and Supreme Courts, following a 15-fatality explosion at an oil refinery.

One of the practice’s most successful recent representations was on behalf of software developer Embarcadero Technologies in an SEC investigation into stock-options-backdating. Although three former executives were charged, no action was brought against the company.

The practice had a number of high-profile clients in 2008, including advising former US congressman Randall ‘Duke’ Cunningham in a sentence-reduction investigation. The group also represented Chief Justice Alex Kozinski in a disciplinary proceeding.

CLIENTS: Clients include BP Products North America, Chief Justice Alex Kozinski, California Institute of Technology, former US congressman Randall ‘Duke’ Cunningham and Embarcadero Technologies.

INDIVIDUALS: Based in Los Angeles, Mark Holscher is recommended for his ‘good leadership qualities’ and ‘strong presence in the courtroom’. Larry Urgenson in Washington DC is an ‘individual with high standards of fairness’. David Bernick is a ‘brilliant tactical lawyer’, who divides his time between New York and Chicago.

Mayer Brown

PRACTICE: Mayer Brown’s practice is staffed by ‘the best and the brightest lawyers’ according to clients, and is recommended as a ‘full-service one-stop-shop’. The 50-lawyer group includes several former federal prosecutors and former SEC employees.

The New York litigation and enforcement practice recruited two new lawyers, both former prosecutors, in February 2009. Lynn Neils was appointed head of the litigation and enforcement practice and former deputy chief of business and securities fraud for the eastern district of New York, Sean Patrick Casey joined the group.

In August 2008, the practice attained a non-prosecution agreement and dismissal of charges for its client post-indictment on behalf of the disgraced law firm Millberg Weiss, several of whose partners pled guilty to mail-fraud and money-laundering concerning attorneys fees. The practice also represented Avon in an internal investigation into the company’s operations in China since June 2008. The practice is also representing Société Générale in the leading civil action in a huge investigation of 40 financial institutions regarding municipal bond and derivatives bid-rigging. The firm is also representing a former executive of mining company W R Grace in one of the most significant environmental white-collar cases of recent years that began trial in February 2009.

CLIENTS: Clients include Avon, Millberg Weiss, Société Générale and W R Grace.

INDIVIDUALS: Clients describe Chicago-based John Tharp’s advice in white-collar matters as ‘ particularly prescient’ and regard him as ‘knowledgeable, pragmatic, thorough and responsive’. Also based in Chicago, clients recommend former assistant US attorneys Sheila Finnegan, Thomas Durkin, Zaldwaynaka Scott and James Ferguson for their ‘extensive experience’ in white-collar defense.

Vincent Connelly and Hugh McCombs are also highlighted as ‘strong’ litigators.

McDermott Will & Emery LLP

PRACTICE: McDermott Will & Emery LLP’s white-collar group is ‘very responsive’ with a ‘first-rate client service’, according to clients. The practice has ‘a well-deserved reputation for expertise in complex tax matters’, and clients comment that it ‘offers a sophisticated trial department with the talent and experience to defend and resolve complex litigation’.

In 2008, the practice successfully concluded the representation of four members of the Computer Sciences Corporation board of directors, with no charges made following stock-options-backdating investigations by the SEC and the audit committee.

The practice’s representation of the Governor of Nevada, James Gibbons, concluded in October 2008 with no charges brought against him following an 18-month investigation into allegations that he unlawfully received gifts in return for services.

Currently, the group is representing Steven Schulman, a former partner at Millberg Weiss, against accusations brought by the Department of Justice that the now-defunct law firm paid shareholders to act as plaintiffs in lawsuits.

CLIENTS: Recent clients include Computer Sciences Corporation, Steven Schulman, a former partner at Millberg Weiss and Nevada Governor Jim Gibbons.

INDIVIDUALS: Based in Los Angeles, Gordon Greenberg is noted by clients for being ‘knowledgeable, responsive and has the resources to take a matter to trial if necessary’. Clients also recommend Chicago-based ‘strategist’ Jeffrey Stone for his role in managing tax matters and investigations as a ‘skilled litigator but also a wise counselor’ with ‘good judgement in positioning matters for effective and favorable resolution’, ‘intelligence, experience, quickness of thought, negotiating skill, argument skills’, and ‘breadth of knowledge’. Douglas Whitney is described as ‘a consummate litigator’, ‘thoughtful and thorough, bright and persuasive, passionate and reliable.’

Morrison & Foerster LLP

PRACTICE: Morrison & Foerster LLP’s white-collar practice is recommended by clients for being ‘first-rate’, and ‘quick to respond to the inevitable twists and turns of events’ with a quality of service that ‘could not be better’. The practice includes a dozen former assistant US attorneys, federal prosecutors and a former SEC member, and is spread across the San Francisco, New York, Washington DC and San Diego offices. The practice has worked on several stock-options-backdating investigations and successfully represented a number of clients stemming from the financial fallout.

The group’s 2008 portfolio includes the investigation into stock-options-backdating on behalf of the Audit Committee at the data solutions organization Brocade Communications, which was one of the first stock-options-backdating cases. The group also acted as counsel to the examiner of SemCrude’s bankruptcy in June 2008 relating to allegations of fraud and misuse of funds.

The group represented a former president of global engineering company KBR in a multi-million dollar settlement in which the practice’s client was never charged, although there were individuals held criminally liable following the investigation. Another matter resolved without charges was a stock-options-backdating case involving the chair of the compensation committee of United Health.

CLIENTS: In addition to the above, the group attained a string of confidential successes on behalf of individuals including the CEO of a prominent bank, the CFO of a mortgage lender and the chief of staff of a global pharmaceutical company.

INDIVIDUALS: Randall Fons, who is based in Denver, is highly recommended for ‘issues pertaining to the SEC’. Clients recommend Darryl Rains for his knowledge of stock-options-backdating issues, and Eugene Illovsky for experience within the SEC and Justice Department; both are based in Palo Alto. New York-based Carl Loewensen also ‘favorably’ impresses clients.

Orrick, Herrington & Sutcliffe LLP

PRACTICE: ‘Absolutely world-class’, the white-collar practice at Orrick, Herrington & Sutcliffe LLP is recommended by clients for its lawyers, who are ‘smart’, ‘very hard-working’ and ‘extremely committed’.

It grew significantly in 2008 with the creation of a new white-collar team in Los Angeles. The practice hired six significant former US prosecutors in 2008 to inhabit the office, including Michael Madigan, formerly of Akin Gump Strauss Hauer & Feld LLP, and former US attorneys McGregor Scott and Courtney Lynn. These lawyers enrich a bench of former federal prosecutors, state prosecutors and SEC workers split between New York, Los Angeles, Washington DC and San Francisco offices.

The practice has represented numerous individual and corporate clients facing SEC and DoJ investigations and enforcement actions in several jurisdictions, and also has the capabilities to administer internal investigations. For example, it has represented Deloitte in civil and criminal litigation for six years in the US and Italy. Its role in conducting an internal stock-options-backdating investigation into an engineering company resulted in the company restating its earnings. The practice also represents two former directors of an Italian asbestos company, who are facing criminal claims of negligent homicide in Italy.

CLIENTS: Notable clients include former Italian asbestos company, SIA, Deloitte; and employees of a Fortune 100 pharmaceutical company.

INDIVIDUALS: Clients recommend Silicon Valley-based Elizabeth Howard.

Proskauer Rose LLP

PRACTICE: Clients describe the lawyers in Proskauer Rose LLP’s corporate defense and investigations practice as a ‘hungry dog with a bone’. The practice is relatively large, consisting of 30 attorneys with the ‘appropriate balance of experience along with confidence and principles’, including numerous former regulators and prosecutors who work on white-collar cases. The group hired former US attorney William Komaroff as senior counsel in 2008.

One of the group’s most significant representations in 2008 was the defense of former managing director of insurance broker Marsh, who was indicted for 37 offences relating to fraud and price-fixing. At the end of the ten-month trial, 36 of the counts were dropped and the last charge is due to go to appeal in 2009.

The group also represented an individual in the Litchenstein bank scandal in a congressional hearing in 2008, in which records were stolen from the bank.

Despite criticisms that there are sometimes ‘too many lawyers’ working on a case, clients profess that, as a team, there is ‘absolutely no one better’ than Robert Cleary and Barry Warner.

CLIENTS: Significant clients include the Office of the Governor of New York, and Marsh insurance broker.

INDIVIDUALS: Based in the New York office, Robert Cleary, chair of the corporate defense and investigations practice group, is recommended by clients for being ‘cool, calm and collected’ and a ‘master strategist’. Also based in New York, Mark Harris is recommended for his ‘intellect along with knowledge and belief in the law’, while ‘noteworthy’ Elise Yablonski is praised for her ‘attention to detail and thoroughness’.