When prosecutors and government regulators place our clients in their crosshairs, we defend them with legal counsel informed by the experiences of the dozens of former prosecutors and government regulators on our team. Utilizing these insights, our clients can understand how to anticipate the strategies and actions of prosecutors and regulators and proceed accordingly toward a favorable outcome.
Thanks to our knowledge of their businesses and industries from the inside out, our counsel to our clients is practical and effective. We have experience representing clients and individuals across industries – from banking to consumer products to technology to healthcare.
No matter the size of an investigation or where it takes place, we provide legal counsel with a global perspective based on our experience counseling clients in more than 65 countries on six continents.
We have subject matter and internal investigation experience across all areas, including:
Internal investigations come in all shapes and sizes. When a client has to conduct an internal investigation, we assemble a legal team that is custom-built for that client’s particular situation. That team may include trial lawyers, former prosecutors and regulators, privacy experts, international trade specialists, government contracting lawyers, and forensic accountants. We’ve helped clients conduct investigations of all sizes, and have designed and coordinated investigations regarding the FCPA, the UK Bribery Act, German anti-corruption laws, the Sarbanes-Oxley Act, federal securities laws, the whistleblower provisions of the Dodd-Frank Act, international trade, export control and sanctions laws, anti-money laundering laws, and the Bank Secrecy Act. We’re the only law firm in the world with two former managers of the U.S. Department of Justice’s FCPA Unit, one of whom literally wrote the book on the FCPA, titled A Resource Guide to the U.S. Foreign Corrupt Practices Act.
Understanding the government’s objectives during an investigation helps our clients defend against potential charges, navigate an investigation quietly, and negotiate complex settlements. With former high-ranking members of the Department of Justice and Assistant United States Attorneys on our team, we know how prosecutors and regulators around the world will approach their investigations, and we know how to negotiate with and litigate against those authorities. Through strategic interactions with authorities, we’ve successfully defended our clients and their representatives by obtaining the most favorable outcomes quickly and efficiently, with minimal publicity and impact on their businesses and reputations. In many cases, this has meant a government entity closing its investigation without taking any adverse action. We also assist clients with collateral matters, such as suspension and debarment issues, related civil litigation, labor and employment disputes, and data privacy concerns.
Today, companies need to comply with an increasingly complex (and sometimes contradictory) set of laws and regulations around the globe that govern their operations. Our clients look to our global compliance team to provide them with innovative solutions to manage their compliance risks that have come about because of this patchwork of rules. We deliver customized risk assessments and then tailored improvements to their compliance programs from a diverse MoFo team made up of trial lawyers, former prosecutors, former senior government officials, privacy experts, fraud examiners, and others who understand the challenges faced by global organizations. Our clients seek our counsel to help them implement codes of conduct, anti-corruption and anti-money laundering policies, whistleblower programs, disciplinary and incentive measures, and compliance auditing. We benchmark our clients’ performance against peer companies and ensure that our clients’ programs will withstand regulator inquiries by testing and monitoring their effectiveness.
With dozens of former prosecutors, regulators, and other government lawyers on our team, we help our clients anticipate prosecutors’ and regulators’ next steps, plan and execute efficient and thorough investigations, and quickly pinpoint key issues. No matter the client or the problem it is facing, our primary objective is to obtain the most favorable outcome for our client with the least impact on that client’s business and reputation. Our team represents clients in all stages of U.S. federal and state criminal matters, from grand jury to trial to appeal. In many of these matters, our clients are facing complex parallel proceedings where what happens in one proceeding could impact the other. These include simultaneous internal investigations, U.S. SEC investigations, U.S. and foreign regulatory enforcement actions, congressional and state legislative inquiries, and related civil litigation, such as securities class actions and derivative suits.
Many corporations face situations where they need to decide whether to conduct an investigation long before any governmental authority brings charges. Our team of highly experienced corporate lawyers can advise boards on the right response to suspicions of wrongful conduct. Very often, the corporate law assessment runs parallel to an analysis of the risks of criminal prosecution. We put together multidisciplinary teams to provide our clients with a full picture of the legal framework they need to observe. This holistic approach helps to minimize our clients’ exposure to future liability and damages claims.
Global Investigations Review 2018 Carrie H. Cohen, Demme Doufekias, and Ruti Smithline were named to Global Investigations Review's "Women in Investigations" 2018 survey which recognizes the top 100 leading female investigations specialists from around the world.
Chambers USA 2018 National: FCPA New York: White-Collar Crime & Government Investigations
Chambers USA 2017 National: FCPA New York: White-Collar Crime & Government Investigations
Legal 500 US 2018 National: Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense
Legal 500 US 2017 National: Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense “diligent and experienced”
Legal 500 UK 2017 Corporate Crime (including fraud, bribery, and corruption) Fraud: Civil Fraud: White-Collar Crime
Global Investigations ReviewGIR 100 2018: World’s Leading Investigations PracticeGIR 100 2017: World’s Leading Investigations Practice
Ethisphere Institute Six of our attorneys have been named “Attorneys Who Matter,” an honor that recognizes attorneys who have significantly advanced of corporate compliance and ethics.
Attorney General’s Distinguished Service Award: The U.S. Attorney General presented this prestigious award, the second-highest honor for employee performance, to Charles Duross for his leading role in prosecuting a member of Congress for violating the FCPA. The Assistant Attorney General also awarded James Koukios this award in recognition of his work as a lead trial attorney in two landmark FCPA-related trials, United States v. Esquenazi and United States v. Duperval.
U.S. Assistant Attorney General’s Exceptional Service Award: Presented to Charles Duross by the U.S. Assistant Attorney General overseeing the Criminal Division, this honor is considered the Criminal Division’s highest award for employee performance. Mr. Duross received this recognition for his leadership during the OECD Phase 3 of the United States’ FCPA enforcement program.
Read our new 2018 Crisis Management Benchmarking Report and learn the #1 way to increase confidence in your company’s crisis response plan
“Popular choice of counsel for US-based and international corporations under investigation by multiple regulators, drawing on strength in areas such as FCPA, insider trading and sanctions violations.” (Chambers USA 2018)
“[The firm] is handling the monitorship of Odebrecht following a high-profile and multi-jurisdictional coordinated action taken by U.S., Brazilian and Swiss regulators. The group also represents high-profile individuals in numerous cross-border criminal matters.” (Legal500 US 2018)
Workplace Misconduct Investigations Task Force
MoFocusVolume 2, Issue 1
Read our “Data privacy and transfer in cross-border investigations” chapter first published in GIR’s The Investigations Review of the Americas 2018.
A Primer on SEC Investigations and Enforcement Actions Related to Financial Reporting and Accounting Cases
Download Our "Internal Investigations" White Paper
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