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tcobb@hhlaw.com

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Ty Cobb
Partner, Washington, D.C., Denver

Ty Cobb is a litigation Practice Group Director, Co-Chairman of the firm’s white collar criminal defense and investigations group, and Chairman of the securities enforcement and compliance group. He practices principally in the areas of white collar criminal litigation, U.S. Securities and Exchange Commission (SEC) enforcement and Congressional investigations, and related complex civil litigation. He is a former member of the firm’s executive committee.

Mr. Cobb, a Fellow in the American College of Trial Lawyers since 1996, has been lead counsel in over 50 criminal and civil trials in U.S. District Courts and has appeared frequently before U.S. Courts of Appeals. He concentrates on a broad range of criminal and civil work and is widely recognized for his experience representing high-ranking government officials and domestic and foreign corporations in Congressional investigations and other sensitive and politically charged matters. He has appeared on "Meet the Press," "Face the Nation," CNN, and FOX, among others, in the service of his clients. He is frequently sought after as an advisor to public companies, special committees of boards of directors and audit committees in "bet the company" cases. In connection with his enforcement based practice, Mr. Cobb has managed multiple cases and investigations through the SEC, the Department of Justice (DOJ), and Congress involving significant accounting issues and restatements, foreign corrupt practices, insider trading, internal controls, health care, federal false claims, qui tam complaints, and alleged environmental offenses, among other various matters. Mr. Cobb has assisted many firm clients in corporate governance challenges and with the development, implementation, and enforcement of corporate compliance programs.

Mr. Cobb has been the author of numerous articles and acted as a panelist or moderator in multiple presentations. In 2010 he wrote a chapter titled, ” The FCPA: Six Steps to Limiting Liability," for the e-book, "Litigation and Dispute Resolution: Dealing with Corporate and Regulatory Conflict." He was a featured presenter in the Strafford webinar titled "When the SEC comes knocking," in 2009. In 2008, Mr. Cobb participated in the American Bar Association's National Institute on White Collar Crime on a panel titled, "Welcome to the Field of Fraud Defense, Where Nothing is Static and 'Victory' is Hard to Define." He was a featured speaker at a seminar on the Sarbanes-Oxley Act, held in New York City and sponsored by Marsh Inc., for corporations and their directors, and spoke at the Corporate Counsel Forum in Indianapolis, Ind. on "Managing an Enforcement Crisis." In 2000, he was a panelist at the International Bar Association meeting in Amsterdam, and delivered a paper titled "Responding Strategically to a Criminal Investigation in the United States—An Antitrust Model." Mr. Cobb has authored a number of articles in the American Bar Association's Complex Crimes Journal, including articles titled, "Criminal Enforcement of Environmental Statutes: Strict Criminal Liability for Reporting Violations" and "Congress moves Promptly in Response to McNally," both in 1989, as well as "Criminal Liability for Export Sales Transactions," in 1991. He continues to speak and write about investigations, securities law, and corporate governance.

Following law school, Mr. Cobb clerked for a U.S. District Court judge. Thereafter, he worked briefly for another Washington, D.C. law firm before becoming an Assistant U.S. Attorney. Mr. Cobb later held a series of supervisory positions with the DOJ, where he also was a frequent lecturer and instructor at the Attorney General’s Advocacy Institute.

Prior to attending law school, Mr. Cobb served initially as a press secretary and later as a legislative assistant in the U.S. House of Representatives.

REPRESENTATIVE EXPERIENCE
Currently represents several major public companies or special committees of their boards of directors or audit committees in SEC and DOJ investigations (and related civil class actions) involving accounting restatements and alleged misconduct.

Represents the Vice-Chairman, and, separately, a senior financial officer, of a major public company in an SEC investigation of a significant restatement and alleged misconduct.

Represents a senior corporate executive in a pending FCPA investigation before the SEC and the DOJ.

Represents a major medical device manufacturer in a pre-monitoring FCPA worldwide audit.

Represented AIG in 2009 in Congressional investigations and hearings involving the worldwide financial crisis.

Successfully represented the Audit Committee of major pharmaceutical company in a SEC whistleblower investigation which concluded with no government action against the company.

Represented the American Hospital Association and several not for profit hospital systems in recent series of class actions, arguing successfully against consolidation before the Judicial Panel on Multidistrict Litigation and later obtained dismissals in over 60 cases across the country.

Represented Gemstar-TV Guide, Inc. before the SEC in connection with substantial restatement and related investigation which resulted in publicly disclosed settlement and also settled the related class action cases.

Represented the United States Olympic Committee in connection with the DOJ investigation into the Salt Lake City, Utah Olympics. Represented Hudson Foods, Inc. in acquittal of a corporate defendant in a federal criminal case following a five week trial in case arising from the country's largest U.S. Department of Agriculture e-coli contamination recall.

Represented The Honorable Eli Segal, a former Clinton Cabinet official, in an Independent Counsel investigation resulting in his exoneration and an award of attorney's fees.

Represented a high ranking White House official in Congressional and DOJ investigations involving the White House Travel Office.

Represented a former U.S. Senator and, separately, a member of the First Lady’s staff in connection with the Congressional and Independent Counsel investigations into “Whitewater.”

Represented other Cabinet and Cabinet-level officials on three separate occasions in DOJ investigations.

Represented former Commerce Department official and Democratic National Committee official, John Huang, in connection with Congressional and DOJ investigations (and related civil actions) involving campaign finance and the Clinton-Gore campaign of 1996.

Special Trial Counsel, Office of Independent Counsel (HUD investigation).

Represented a major medical device company in a foreign corrupt practices investigation and related Congressional investigation here and abroad and led efforts resulting in new legislation in the United States and Germany.

Represents and has represented several health care industry participants in qui tam cases (often persuading the DOJ not to intervene), most of which ultimately resulted in dismissal.

Represented high ranking executives of European chemical and pharmaceutical manufacturers in criminal antitrust investigations in the United States and abroad.

Represented several international companies in large environmental criminal investigations and resolutions involving the DOJ and Environmental Protection Agency.

Represented an international chemical manufacturer in a federal criminal case involving international trade sanctions.

Represented the Governor of Colorado in a civil case challenging the authority of his office.

Represented the Grand Canyon Trust successfully and pro bono in environmental action resulting in an injunction that led to the Grand Canyon Protection Act.

RECENT PRESENTATIONS
11.2009
“When the SEC Comes Knocking,” Strafford CLE, Webinar

03.2008
“Welcome to the Field of Healthcare Fraud Defense, Where Nothing Is Static and 'Victory' Is Hard to Define,” American Bar Association's National Institute on White Collar Crime, Florida

06.2006
“Responding to Internal Allegations,” Consumer Industries Legal & Compliance Share Forum, Illinois

03.2006
“Whistleblowers and Investigations in the Age of Sarbanes-Oxley,” Corporate Counsel Forum, Virginia

11.2005
“The Onset of a Government Investigation: Is Your Company Prepared to Respond,” Corporate Counsel Forum, Indiana

Hogan & Hartson Publications
02.04.2010 "SEC Advances Cooperation Initiatives." Litigation Alert, Hogan & Hartson LLP

01.28.2010 "Foreign Corrupt Practices Act: 2009 In Review." Litigation Alert, Hogan & Hartson LLP

01.20.2010 "SEC Enforcement Division Announces Initiative for Cooperating Individuals." Litigation Alert, Hogan & Hartson LLP

01.29.2009 "FCPA: 2008 Year in Review." Litigation Alert, Hogan & Hartson LLP

03.07.2008 "FCPA: 2007 in Review." White Collar and Investigations Update, Hogan & Hartson LLP

Published Works
12.17.2009 "Dealing with Corporate & Regulatory Conflict." Financier Worldwide 2009 Litigation & Dispute Resolution e-book, Financier Worldwide Limited

PRACTICES/INDUSTRIES
White Collar and Investigations
Securities and Corporate Governance Litigation
Litigation
Corporate Governance
Health
Food, Drug, Medical Device, and Agriculture
Life Sciences
Environmental Litigation
Professional Liability
AREAS OF FOCUS
  • White Collar Criminal Defense
  • Securities Enforcement and Compliance
  • Foreign Corrupt Practices Act (FCPA)
  • Foreign Corrupt Practices Act
  • Corporate Governance and Internal Investigations
  • Congressional Investigations
  • Health Care Enforcement
  • Environmental Enforcement
EDUCATION
J.D., Georgetown University Law Center, 1978 A.B., Harvard College, 1972
MEMBERSHIPS
  • Fellow, American College of Trial Lawyers
  • Member, Business Crime Committee, International Bar Association
  • Member, American Bar Association
  • Member, Judicial Conference of the U.S. Court of Appeals for the Fourth Circuit
AWARDS/RANKINGS
  • The Best Lawyers in America, 1991-present
  • Who's Who in the World
  • An International Who’s Who of Business Crime Lawyers
  • Lawdragon, "100 Lawyers You Need to Know in Securities Litigation," 2009
  • Ethisphere Magazine, Attorneys Who Matter, 2009
  • Chambers USA, Litigation: General Commercial, 2007-2009; Litigation: White Collar Crime & Government Investigations, 2004 & 2009
  • Washington, D.C. Super Lawyers, 2007-2009
  • Colorado Super Lawyers, 2006, 2008 - 2009
  • Washingtonian, “Washington’s Top Lawyers,” 2005, 2007-2009
BAR ADMISSIONS District of Columbia Maryland Colorado
COURT ADMISSIONS U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Third Circuit U.S. Court of Appeals, Fourth Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Tenth Circuit U.S. District Court, District of Columbia U.S. District Court, District of Maryland U.S. District Court, District of Colorado