John H. Hemann

Partner

John Hemann is a partner in Morgan Lewis's Litigation Practice. His practice focuses on white collar criminal defense, internal corporate investigations, and antitrust and securities litigation. Mr. Hemann counsels business organizations and individuals in connection with criminal and regulatory investigations, as well as parallel civil and administrative proceedings.

Mr. Hemann is a trial lawyer with an extensive background in criminal and corporate fraud investigations. Drawing on his experience as a federal prosecutor, he has handled numerous high-profile internal and governmental investigations since joining Morgan Lewis in February 2005.

Before joining Morgan Lewis, Mr. Hemann was a member of the Department of Justice's Enron Task Force, where he was lead trial counsel on the prosecution and guilty plea of Enron Chief Financial Officer Andrew Fastow and co-lead counsel in the investigation and indictment of Enron Chairman and Chief Executive Officer Kenneth Lay.

Prior to his service on the Enron Task Force, Mr. Hemann was an assistant U.S. attorney in San Francisco. Among the 20 criminal and civil cases he tried as an assistant U.S. attorney were five criminal securities fraud matters. His criminal securities fraud experience encompasses both complex financial accounting fraud cases, including cases involving fraudulent conduct by executives of McKesson Corp. and Media Vision and high-profile insider trading cases.

Before joining the Department of Justice, Mr. Hemann served as a law clerk to U.S. District Court Judge William B. Shubb of the Eastern District of California and to Ohio Supreme Court Justice J. Craig Wright.

Mr. Hemann earned his J.D., with high honors, from the George Washington University School of Law in 1992. He earned his B.A., with honors, in history from the College of Wooster in 1988.

Mr. Hemann is admitted to practice in California.


representative matters

Internal and Government Investigations

• Counsel for a Silicon Valley provider of consumer financial services in connection with a sensitive internal investigation into the conduct of a senior executive
• Counsel for an international pharmaceutical company in connection with an investigation into Medicare/Medicaid billing and Anti-Kickback Act issues
• Counsel for the board of directors of an ambulance company in connection with an internal investigation
• Counsel for a Fortune 100 Silicon Valley technology company in connection with a significant internal investigation and civil and criminal investigations by the California Attorney General and the U.S. Attorneys' office in San Jose
• Counsel for a New York investment bank in connection with a public corruption investigation by the U.S. Attorney's office in Cleveland
• Counsel for a New York investment bank in connection with an investigation by the U.S. Attorney's office in St. Louis into on-line gambling
• Counsel for a Fortune 500 company in connection with a criminal investigation by the United States Postal Inspection Service into an overseas scheme to defraud
• Counsel for a Fortune 100 Silicon Valley technology company on an on-going basis in connection with subpoenas issued and investigations conducted by various law enforcement agencies
• Counsel for a California municipality in connection with an investigation by the Securities and Exchange Commission (SEC) related to bond issues

Securities Investigations and Litigation

• Counsel for a Big Four accounting firm in connection with a civil securities class action in the Northern District of California
• Counsel for a leading New York investment bank in connection with investigations by the U.S. Attorney's office, the SEC, and the New York Stock Exchange into the conduct of employees on the floor of the New York Stock Exchange
• Counsel for a Silicon Valley semiconductor equipment manufacturer in connection with investigations by the U.S. Attorney's office and SEC, as well as parallel civil securities class actions and shareholder derivative suits in state and federal court
• Counsel for a Silicon Valley technology company in connection with an investigation by the SEC and parallel shareholder derivative suits in state and federal court

Antitrust Investigations and Litigation

• Counsel for a manufacturer of Liquid Crystal Display panels in connection with the U.S. Department of Justice (DOJ) Antitrust Division investigation of the TFT-LCD industry and parallel civil class actions
• Counsel for an Asian airline in connection with the DOJ Antitrust Division investigation of the air cargo and passenger industries
• Counsel for a senior executive of a manufacturer of DRAM products in connection with the DOJ Antitrust Division investigation of the DRAM industry

Other Individual Representations

• Counsel for various individual public company officers in connection with stock option backdating investigations being conducted by the U.S. Attorney's office and the SEC, and related shareholder derivative litigation
• Counsel for a California attorney in connection with an insider trading investigation being conducted by the SEC
• Counsel for a senior Chinese executive of a U.S.-based company in connection with a financial fraud investigation conducted by the SEC
• Counsel to various individuals in sensitive internal and government investigations
• Appointed member of the Northern District of California Criminal Justice Act panel, handling individual criminal representations as appointed by the U.S. District Court