Hughes Hubbard’s White Collar & Regulatory Defense Practice

Our White Collar & Regulatory Defense group defends major corporations and their executives in high-stakes matters, in and out of the courtroom. From federal investigations to state attorneys’ general inquiries and whistleblower complaints, we approach each representation as aggressive defense litigators with deep experience in both trials and appeals. When our clients’ best interest is to avoid litigation, we leverage our extensive courtroom experience and credibility to settle matters out of court on the terms most favorable for our clients. When litigation is the best strategy or cannot be avoided, we know how to try cases and try them successfully.

We conduct internal investigations in a thorough but cost-efficient manner, focusing on key issues from the start to reduce the impact on the business as much as possible. We use our skills as trial lawyers and advocates to develop effective strategies in dealing with investigations, and we work closely with management and in-house counsel to reach resolutions. Among the investigations we handle are those dealing with:

Securities
Commodities
Cryptocurrencies
Accounting
Insider Trading
Bribery & Corruption
Money Laundering
Fraud
Marketing & Pricing Practices
Antitrust
Int’l Trade Controls & Sanctions
False Claims Act
Tax

Our lawyers are skilled at managing the collateral consequences of criminal prosecution, including debarment, civil and criminal forfeiture, parallel civil litigation, and post- resolution compliance with the terms of plea agreements and civil settlements.

We regularly deal with officials of the U.S. Department of Justice, Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission, Department of Commerce, Federal Reserve Bank, Internal Revenue Service and state attorneys general, as well as foreign and state law enforcement and regulatory agencies.

In an aggressive regulatory and enforcement environment involving cross-agency and cross-border investigations, our experience and familiarity with regulatory officials provides an insider’s perspective to our clients. Members of our team have been appointed as monitors and independent compliance experts by U.S. and foreign government agencies and international organizations. The practice is led by senior prosecutors with deep experience, including a former U.S. attorney and deputy associate attorney general, a former commissioner of the SEC, a former senior litigation counsel in the SEC, two former senior federal prosecutors from the U.S. Attorney’s Office for the Southern District of New York, and senior officials of the Antitrust Division.

To learn more about this practice, please contact:

Marc A. Weinstein

Chair

Criminal Defense

Representation of multiple individuals in connection with the investigation by the U.S. Department of Justice, the SEC, the U.K. Serious Fraud Office (SFO), the Swiss Federal Prosecutor, the Swiss Financial Market Supervisory Authority, and other law enforcement authorities into the allegations of fraud and manipulation in the foreign exchange markets
Representation of a bank officer in the ongoing “London Whale” case, involving the alleged mis-marking of credit default swaps, in the prosecution brought by the U.S. Attorney’s Office for the Southern District of New York and the related SEC civil action
Representation of a senior executive of the Westar public utility on charges of fraudulently obtained excessive compensation, resulting in the dropping of all charges after two lengthy trials and the enforcement of his compensation contract
Representation of an officer of Bovis/Lend Lease at trial for criminally negligent homicide in connection with the deaths of firefighters during the Deutsche Bank fire, resulting in the client’s acquittal on all counts.

Antitrust

Representation of WestLB AG and Westdeutsche ImmobilienBank AG in connection with allegations of collusive manipulation of the London Interbank Offered Rate
Representation of several senior executives of Japanese companies against allegations of price-fixing in the ongoing auto parts investigation, which is the Justice Department’s largest-ever cartel investigation

Foreign Corrupt Practices Act

Served as the first-ever external anti-corruption compliance monitor jointly appointed by the DOJ, SEC, and the SFO (with advice and approval of the Office of Foreign Assets Control) for a US-headquartered multinational specialty chemical manufacturer
Representation of a CAC 40 French multinational oil field services company in connection with a worldwide anti-corruption compliance review arising out of a DOJ enforcement action and monitorship
Representation of a multinational “supermajor” oil and gas company in connection with a worldwide risk assessment and compliance audit, in coordination with a compliance monitor following settlement with US authorities
Representation of an Asian trading company in connection with US and multi-national investigation and prosecution regarding alleged bribery in connection with an energy project in Africa, including negotiation of deferred prosecution agreement with the DOJ, compliance procedure advice, third party due diligence, and ongoing implementation of deferred prosecution agreement

Corporate Compliance

Representation of a leading government contractor in connection with an enterprise-wide compliance review
Representation of a Fortune 500 company in an internal investigation regarding sanctions compliance
Representation of a major pharmaceutical company in connection with a compliance review and investigation of a foreign subsidiary

Financial Fraud

Representation of a major South Asian information technology company in an SEC inquiry related to embezzlement and other potential financial misconduct
Representation of the US subsidiary of a multinational industrial corporation in an internal investigation stemming from a whistleblower complaint and subsequent investigation by the FBI and SEC of accounting fraud, resulting in no charges being brought against the company
Representation of a US business services company in an internal investigation for its audit committee related to allegations of financial misconduct.

Marc A. Weinstein

Chair