Morgan Lewis

White Collar Litigation and Government Investigations

Our White Collar Litigation and Government Investigations Practice is composed of attorneys who have defended what are often the most sensitive and complex matters clients face. We handle the wide range of proceedings that can arise from a white collar investigation—from federal grand jury and civil investigations to Civil False Claims Act litigation; internal investigations; state attorneys general and consumer protection investigations and litigation; third-party payor class action litigation; civil antitrust class action litigation; U.S. Commodity Futures Trading Commission (CFTC) matters; suspension, exclusion and debarment administrative proceedings; administrative litigation; negotiating Corporate Integrity Agreements (CIAs), deferred prosecution, and monitoring agreements; and criminal trial defense.

We focus on delivering the best possible result: resolving a client's problem without charges, without litigation, and without adverse publicity. Our capability is grounded in a grasp of what is important to our clients, of how to get to the heart of an issue quickly and effectively, and of how to leverage our credibility with both government lawyers and regulators to the best advantage of our clients. When litigation becomes unavoidable, however, we bring the savvy and effectiveness of veteran trial lawyers to the courtroom.

SCOPE OF PRACTICE

White Collar Criminal Defense

We represent companies and individuals in all aspects of complex criminal, civil, and administrative proceedings brought by the government. Our attorneys handle federal and state grand jury investigations involving allegations of individual and corporate criminal misconduct as well as investigations by regulatory and self-regulatory agencies. We defend clients from the initial investigative stages of these proceedings and are often successful in preventing any criminal charges from being brought. More importantly, we are skilled courtroom lawyers with the experience, knowledge, and background to defend our clients aggressively in any trial, hearing, or governmental proceeding anywhere in the United States.

Grand Jury Investigations

Our attorneys routinely represent individuals and companies in grand jury investigations. From the moment the initial subpoena arrives, we assist clients in navigating this often complex process—from conducting internal investigations (to assess potential exposure) and managing document production, to preparing witnesses for grand jury appearances and ultimately working with the appropriate government agencies. We have the knowledge, skill, and experience to handle grand jury investigations across a variety of substantive areas.

Civil False Claims Act and Qui Tam Litigation

Our lawyers have investigated and defended False Claims Act and qui tam actions throughout the United States, often in industrywide investigations. We have represented multiple healthcare corporations, including hospitals, pharmaceutical and medical device manufacturers, ambulance companies, home health agencies, dental clinics, multiple defense contractors, and aerospace corporations in False Claims Act cases throughout the country—at both the district court and appellate levels—and in both qui tam and government investigations.

SEC Investigations

Our Securities Litigation and Enforcement Practice routinely represents broker-dealers, investment banks, public companies, hedge funds, and investment advisors (and their senior officers and employees) in regulatory investigations conducted by the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and state securities regulators. These investigations have focused on issues involving disclosure and accounting fraud, insider trading, structured products, improper trading practices and market manipulation, and related supervisory issues. ≫ more

Internal Investigations

We frequently conduct internal investigations for corporate boards, audit committees, and special committees. We are skilled at conducting these investigations quickly and efficiently, preserving relevant privileges, and evaluating the risks and rewards of cooperation, and we have navigated the complex accounting and financial disclosure issues that frequently arise in the course of these investigations. Our team knows firsthand how prosecutors, investigators, and regulators think and what they expect, maximizing for our clients the benefits of a credible internal investigation in positively influencing the government's approach toward a corporate client.

Congressional Investigations

Our attorneys have represented many companies as well as corporate officers, directors, and senior management across the spectrum of business entities in sensitive and high-profile congressional and independent commission–led investigations, and in parallel investigations involving other federal and state executive branch enforcement agencies. Clients turn to us because we are not only skilled in navigating such investigations and inquiries but are also attuned to potentially damaging collateral issues that could lead to further litigation risks, including enforcement actions and shareholder litigation, as well as potential public relations problems. ≫ more

State Attorneys General and Consumer Protection Investigations and Litigation

State attorneys general (AGs) are becoming more and more involved in a wide range of issues across a variety of areas, including financial fraud, antitrust, drug pricing, and consumer protection issues. Frequently, these investigations and related litigation involve multistage actions by AGs. As AGs' enforcement responsibilities often vary from state to state, addressing multistage matters requires an in-depth knowledge of the way AGs approach these issues and the ins and outs of individual state laws and policies. Our attorneys have represented clients across a variety of industries in matters that require developing and executing a strategy for working with state AGs in both single- and multistate matters.

Third-Party-Payor Litigation

We have represented clients in multiple third-party-payor litigation matters in various jurisdictions. Our commercial litigators work closely with our White Collar attorneys on these matters as they often coincide with government investigations and state AG cases. Our attorneys have secured landmark decisions in third-party-payor matters on behalf of our clients, including securing the first published opinion dismissing claims by third-party payors against a pharmaceutical company for alleged off-label promotion.

Compliance Counseling

We regularly advise our clients on corporate compliance programs to help prevent potential problems before they occur. Preventive measures can include comprehensive audits, analyzing compliance issues, developing training tools for staff, and conducting seminars for executives and employees. Our attorneys have designed and assisted in implementing and strengthening compliance programs for our clients across a variety of substantive areas.

AREAS OF REPRESENTATION

Healthcare Fraud

Our healthcare fraud team is composed of lawyers from our White Collar Practice and our FDA and Healthcare Practice. This combination of lawyers with litigation and regulatory experience offers our clients a comprehensive solution to any healthcare fraud investigation or related litigation. We have assisted our clients at every stage of these investigations and litigations—from responding to grand jury subpoenas through trial and any appeal. We routinely handle the government investigation and any parallel civil or administrative proceedings, including False Claims Act actions and negotiation and implementation of CIAs. Our attorneys have handled some of the most significant pharmaceutical industry–related government investigations and related litigation matters in the country. ≫ more

Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act

We routinely represent clients that conduct business internationally as they face increased anticorruption and other international regulatory risk. Our team has represented clients before the Department of Justice (DOJ) and SEC in connection with FCPA inquiries, and has handled matters under investigation by authorities in the EU, Asia, the former Soviet Union, Latin America, and elsewhere. In addition, our lawyers in both London and the United States advise on the extent of the new UK Bribery Act and its practical implications for businesses. We assist clients with every aspect of anticorruption compliance, including building global compliance programs, conducting risk assessments, evaluating and enhancing existing anticorruption compliance programs, making improvements to internal controls and processes, and conducting employee training. ≫ more

Securities and Financial Fraud

To assist clients in securities and financial fraud investigations, we have gathered an interdisciplinary team of lawyers from our litigation and regulatory practices. This combination of seasoned litigators and regulatory counselors provides our clients with a comprehensive solution to any securities or financial fraud investigation or related litigation. We represent many of the largest securities and investment management firms, as well as their senior executives, in investigations by DOJ and the SEC, state regulators and attorneys general and in other regulatory inquiries including FINRA and other agencies. We frequently represent public companies and their senior officers in internal or government investigations involving issues of complex financial fraud and crisis management. ≫ more

Antitrust

We have represented targeted companies and/or their individual managers in nearly every significant multidefendant criminal and civil antitrust price-fixing case in the United States in the last 20 years, and have represented corporate defendants in scores of antitrust price-fixing matters in the last 10 years, more than virtually any other firm in the United States. The clear advantage to our clients is that there is no learning curve: we know and have defended every issue that arises in these types of investigations and have had substantial success in limiting our clients' exposure both in terms of the criminal investigation and with respect to the inevitable follow-on civil litigation. In addition, our lawyers have represented many clients in the follow-on private treble-damage actions that routinely follow U.S. criminal prosecutions. ≫ more

Government Procurement Fraud

Our lawyers have represented clients in procurement fraud proceedings ranging from criminal investigations to civil litigation. We have represented multiple major government contractors across a wide array of industries, including aerospace and weapons. We are intimately familiar with and constantly monitoring the ever-growing myriad of rules and regulations governing government contractors.

Environmental Crimes

Morgan Lewis offers the critical combination of subject-matter command, government-agency insight, and geographic reach necessary to steer clients clear of criminal prosecution in environmental matters, or to favorably resolve enforcement proceedings that are unavoidable. Our Environmental Crimes Practice is composed of white collar, environmental, and OSHA attorneys—among them numerous federal prosecutors and agency alumni with years of background trying environmental cases. ≫ more

Immigration

Our white collar attorneys often work closely with the firm's Immigration Practice, which on a day-to-day basis advises on technical and administrative issues involving Form I-9 completion and maintenance. When I-9 issues directly affect hiring or continuation of employment, we offer experienced counsel on a range of issues including compliance, avoiding charges of unfair immigration-related employment practices, and avoiding or responding to issues related to government I-9 audits. We have particular knowledge in state legislation regarding employment eligibility verification, and we regularly advise clients with multistate operations. ≫ more

Import/Export

Morgan Lewis attorneys counsel corporate clients on the application of U.S. export controls and embargo rules to international business transactions. We help clients avoid compliance problems, anticipate and address enforcement issues, and deal with government regulators when the need arises. We are familiar with issues affecting companies across all industries and are well versed in navigating our clients through these issues to minimize risk and ensure compliance in a cost-effective manner.

Money Laundering

We have an international team of attorneys who advise clients on money laundering and terrorist financing issues. Our multioffice team is well positioned to assist clients with navigating an increasingly complex, global web of laws, regulations, and rules. ≫ more

Public Corruption

Morgan Lewis has a team of attorneys who can navigate the complex web of legal and public relations issues concerning public corruption investigations. The leader of our public corruption team is a former White House Counsel for two presidents and Deputy White House Counsel for one president and has extensive experience in handling all aspects of these cases, including responding to subpoenas, navigating congressional testimony, and handling the press. We are regularly called upon to provide advice and counseling to clients facing these inquiries because of our inside Washington knowledge and depth of experience in successfully guiding our clients through these types of matters.

Tax Fraud

Our attorneys can successfully navigate the full range of complex criminal and civil matters related to tax fraud and noncompliance. Most recently, our lawyers have been in the forefront representing taxpayers' interests and shaping policy in connection with the IRS Voluntary Disclosure Program for foreign asset holders. Members of this group energetically and successfully represent clients in these critical matters, drawing upon their core experience as high-level government alumni with strong D.C. connections, high profiles in the tax bar, and reputations for integrity with enforcement authorities. ≫ more

Trade Secrets/Economic Espionage

Our white collar lawyers are among the very few in the country who have been actively involved in criminal and civil litigation brought under the Economic Espionage Act. We regularly conduct trade secret audits and design protection programs to prevent trade secret misappropriation before it occurs. We also represent parties who either have trade secrets misappropriated or are accused of misappropriating the trade secrets of others. ≫ more