Capabilities
Corporate Governance

Criminal and Government Investigations

Our attorneys regularly advises corporate boards, audit committees, special committees, and individual directors in internal investigations and government enforcement matters, including criminal investigations, SEC enforcement matters, bank regulatory enforcement matters, and other administrative enforcement matters. Our lawyers include several former US and UK prosecutors, former SEC enforcement staff, former bank regulatory enforcers, and former State Department and Department of Defense officials. We advise board clients across a broad spectrum of industries and issues, with particular emphasis on the unique responsibilities of directors in interacting with government enforcers, often in bet-the-company contexts. We also have extensive experience in advising corporate boards on remediation, compliance, crisis management, disclosure, and securities and market matters.

Representative Experience

  • Represented a Special Committee of the Board of Directors of a government contractor in reviewing the results of an OIG investigation and issues surrounding potential debarment and conducting internal investigations.
  • Represented the Board of a federal savings bank in investigation by Attorney General's residential mortgage-backed securities task force into mortgage securitization practices.
  • Conducted internal investigation on behalf of the Special Board Committee of a federal savings bank in responding to an investigation by the Special Inspector General for the Troubled Assets Relief Program and Department of Justice.
  • Criminal Adviser to the Management and Standards Committee at News Corporation in relation to the investigations involving voicemail interception and payments to public officials.
  • Represented former directors and officers of various subsidiaries of a bank in breach of fiduciary duty claims by the FDIC arising out of the banks' failures. We successfully resolved all the matters prior to the filing of any complaint and without any out-of-pocket payment by any client. 
  • Represented a Special Board Committee in investigating allegations that the current Board Chair and Company Chief Operating Officer were involved in fraudulent billing practices under US government contracts at their previous employer, against which the Department of Justice has filed a False Claims Act suit.
Overview

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