Government Investigations and White Collar Litigation
Practice Highlights
Represented CFO in connection with SEC enforcement action involving allegations of fraud in connection with the failure to register an initial coin offering with the SEC. Successfully negotiated resolution of potential claims against individual and avoided criminal or civil liability.
Government Investigations & White Collar Litigation
Whether it is an inquiry from a federal, state, or foreign regulator or a report or discovery of potential misconduct from within an organization, these situations can have profound consequences for the companies and individuals involved. When faced with these types of sensitive situations, our clients seek counsel from our Government Investigations and White Collar Litigation team.
The strategy we pursue in response to any is informed by our understanding of the legal and regulatory landscape and the impact on the client’s business. We develop a comprehensive game plan to protect our clients’ best interests and reputations, work to mitigate damage, and avoid potential criminal or civil exposure. Our team is led by a former senior-level federal prosecutor with a proven track record of successfully and discreetly resolving high-stakes inquiries and, when necessary, successfully defending clients in regulatory or enforcement actions.
Our attorneys regularly and successfully:
• Defend organizations and individuals who are subjects, targets, or witnesses in government investigations or related criminal, civil, or administrative litigation.
• Conduct internal investigations to determine whether questionable conduct has occurred and provide a comprehensive factual, legal, and risk analysis.
• Assist clients with data collection, preservation, and review in anticipation of disclosure to government regulators.
• Advise organizations (e.g., financial services, technology, retail, and consumer products) and professionals in highly regulated industries (e.g., legal, accounting, and financial services) about state and federal regulatory requirements and ensure they understand what they must do to remain in compliance.
• Evaluate the need for and, where appropriate, negotiate voluntary disclosures to relevant government agencies.
Experience
Represented in-house counsel during internal investigation into allegations of executive’s fraud, embezzlement, and money laundering; worked with organization to implement a remediation plan and voluntary disclosure to SEC and DOJ. No charges were brought against client.
Represented attorney in internal investigation of organization’s involvement/association with vendor charged with bribery of federal employee. No charges were filed against the client.
Represented witness in connection with federal grand jury subpoena relating to allegations involving fraud in federal programs and prepared witness for appearance.
Represented enterprise software solutions company in connection with SEC investigation into fraudulent ICO. Litigated disgorgement and penalties issues and successfully reduced final judgment by over 50 percent of amount sought by the SEC.
Represented public company in internal investigation involving potential revenue recognition issues and SEC reporting obligations. Successfully completed investigation prior to SEC filing deadline.
Represented technology company in an investigation by a state attorney general’s office regarding company’s marketing practices. Resolved the matter amicably.
Represented company using subscription-based sales in investigation by the California Automatic Renewal Task Force, comprised of prosecutors from different cities throughout the state. Successfully negotiated resolution and settlement of challenge to company’s automatic renewal policy.
