White Collar and Investigations Overview | Our People | Publications | Areas of Focus | Related Industries | News

Contacts:
Ty Cobb, Washington, D.C.

Clients who are under government investigation deserve vigorous representation and an unrelenting advocate. For many of our clients, the best outcome is often the one the public never hears about — persuading the government not to pursue or prosecute our client. While a behind-the-scenes resolution is often optimal, it is not always possible, so we stand ready to try cases and handle matters when they reach the public forum.

We are experienced in representing companies, boards of directors, officers and directors, and individuals at all stages of government investigations. Our attorneys tackle cases from initial agency inquiries to full-scale grand jury and U.S. Department of Justice (DOJ) investigations, and from preliminary government interviews to trial and beyond. Clients often come to us with their most sensitive matters because of our experience managing the multifaceted considerations often at play: the investigation itself and possible liability, potential parallel civil actions (shareholder suits, qui tam suits, government contract suspension, and debarment), corporate governance issues, congressional investigations, and even efforts by competitors to exploit a public investigation. By partnering with inside counsel, senior management, boards of directors, audit committees, and special litigation committees, we develop effective, cost-efficient solutions aimed at bringing closure to high stakes legal disputes and the full protection of our clients’ reputations.

We maintain close working relationships with key officials in federal and state law enforcement, at the DOJ, and in the enforcement branches at federal agencies, including those at political levels. We know many of these officials because we once worked with them. Many of our lawyers formerly held high-level positions in the DOJ, U.S. Attorneys’ offices, offices of Independent Counsel, and federal agencies, including the Securities and Exchange Commission (SEC). Our experience handling cutting-edge issues and cases that have shaped today’s laws and policies provide us with a unique perspective into practices, policy considerations, and internal governmental approaches.

Related Experience

• We serve as counsel to multiple public companies and executives in connection with investigations by the SEC and the DOJ (including related civil class actions and congressional investigations) involving allegations of financial and accounting improprieties, violations of the Foreign Corrupt Practices Act, insider trading, and related matters.
• In an international antitrust investigation by the DOJ, we are counsel to high-ranking executives of the largest German chemical and pharmaceutical company.
• We defend numerous pharmaceutical manufacturers, medical device manufacturers, hospitals, and universities in criminal false claims act investigations, settlements and prosecutions, and related civil qui tam actions.
• When a prominent Democratic National Committee fundraiser and former U.S. Department of Commerce official became the subject of U.S. Senate and DOJ investigations, we helped him navigate through the process.
• Acting as counsel to a large Russian aluminum manufacturer charged in a civil Racketeer Influenced and Corrupt Organizations Act complaint with taking over the Russian aluminum industry by criminal means, we persuaded a U.S. district court to dismiss on the grounds of forum non conveniens. This case involved parallel arbitral proceedings in Zurich, Stockholm, and Cyprus, in which we also acted as advisers.
• We serve as counsel to major corporations, their audit committees, and independent board committees in connection with internal investigations into allegations of corporate misconduct, including investigations recently initiated in response to the Sarbanes-Oxley legislation and resulting certification process.

Health Care and Food and Drug Administration

As regulation of business has increased, so have aggressive enforcement actions by state and federal governments. From across our global offices, litigators and regulatory attorneys assist clients facing multiple parallel criminal investigations and prosecutions, civil penalty actions and related civil qui tam and fraud actions, and congressional and agency investigations.

Steeped in industry and highly experienced in working with regulatory agencies and the DOJ, our attorneys develop creative factual, legal, and regulatory defenses to achieve optimal results for our clients. Health care providers, pharmaceutical manufacturers, biotech firms, medical device companies, and other clients in a variety of heavily regulated industries regularly rely on our ability to create collaborative teams to respond immediately to matters ranging from alleged violations of the federal Food, Drug and Cosmetic Act to claimed failures to comply with the Anti-Kickback Statute.

Related Experience

• Faced with charges that its subsidiary had filed false medical device reports, we helped a Fortune 500 medical device manufacturer reach a settlement with federal prosecutors that protected the parent corporation and resolved all criminal, civil, and administrative liability — and simultaneously outlined a roadmap for the government's current approach to major investigations of alleged criminal violations of federal food, drug, and medical device statutes.
• Our client, a leading developer of recombinant DNA therapy, was the subject of a four-year investigation into how it sold and marketed a human growth hormone product. We were able to resolve the proceedings and protect the company’s continuing business.
• Our attorneys are advising one of the world's leading pharmaceutical manufacturers as it faces a broad investigation of pricing and sales and marketing practices in the pharmaceutical industry, and we currently represent another international health care company dealing with an undercover investigation into one of its subsidiaries in the medical supplies industry.
• Our attorneys have extensive experience in defending health care companies in False Claims Act litigation, and we represent one of the world’s leading biotechnology firms in a case involving the pricing practices in the pharmaceutical industry, and several of the country’s leading research institutions in multidistrict litigation regarding the reimbursement of investigational medical devices.
• We have conducted dozens of internal investigations for health care entities to help assess litigation exposure, develop internal control mechanisms, and improve compliance programs.
• We have been asked to assist a leading manufacturer of orthopedic implant devices in responding to an industrywide probe of consulting relationships with surgeons.
• We have assisted a global pharmaceutical manufacturer in assessing its compliance activities in Europe.

Securities Enforcement and Compliance

Our securities enforcement and compliance practice provides clients with practical advice on enforcement matters and corporate governance shaped by extensive experience. Working from locations throughout the United States, our experienced litigation team includes a number of attorneys who formerly served in key positions with the government agencies responsible for enforcement of securities laws. Among the members of our group are a former Regional Director of the SEC’s Central Region, two former U.S. Attorneys, 15 former Assistant U.S. Attorneys, and former Securities and Exchange Commission attorneys.

We are distinct in this area for our ability to respond to serious matters promptly with whatever resources may be required and to coordinate strategic responses to crises requiring knowledge of potential civil, criminal, political, and regulatory consequences. Our attorneys are experienced in conducting internal investigations and quickly identifying possible areas of concern. We represent clients in congressional hearings, civil and criminal investigations, and enforcement actions brought by the SEC, self-regulatory organizations, and state securities regulators. When a trial is necessary, we defend our clients aggressively.

In addition to representing publicly-held companies and professionals, members of this group have experience representing broker-dealers and investment advisors and are knowledgeable regarding sales practice, trading, and other issues unique to the financial services industry.

Related Experience

• We represent an investment adviser to a large mutual fund complex in civil actions brought by the SEC and the Attorneys General of New York and Colorado, as well as in class actions filed by private litigants, alleging that the adviser unlawfully permitted late trading and market timing.
• We represent a Big 4 accounting firm in a federal securities fraud action brought by the SEC in connection with auditing of the financial statements of a Fortune 200 company.
• We represented Gemstar-TV Guide International in connection with an SEC investigation relating to various accounting matters, and we assisted the company in obtaining a settlement with the SEC.
• We represent several former executives of Qwest in securities fraud and shareholder derivative class actions and in connection with investigations by the SEC and the DOJ.
• We represented Vail Resorts, Inc. in connection with an investigation conducted by the Denver office of the SEC regarding its financial statements, following two restatements by Vail concerning revenue recognition, executive compensation, and other issues. The Denver office ultimately terminated the investigation without recommending any enforcement action.
• In connection with a National Association of Securities Dealers investigation into mutual fund sales practices, we represent a large broker-dealer, its supervisors, and financial advisors.
• We represent a prominent telecom executive in defense of Martin Act claims brought by the New York Attorney General in New York state court and also in several federal securities fraud actions.
• We represent high-level corporate executives in multiple SEC and DOJ investigations regarding suspected accounting irregularities.
• We represent management, boards of directors, and special committees in conducting internal investigations regarding suspected accounting irregularities or financial improprieties.
• We provide compliance advice to several broker-dealers.