Congressional, Internal and Other Investigations
Mr. Bopp has extensive experience representing clients in congressional, executive branch, and internal investigations. While on the Hill, Mr. Bopp led or played a key role in major investigations in both the Senate and House of Representatives, including four special investigations. In these capacities, he developed the strategy and set the agenda for numerous investigations, conducted more than 100 depositions and witness interviews, managed dozens of subpoenas and massive document discovery efforts, and orchestrated more than 100 committee hearings.
Mr. Bopp has extensive knowledge of both legislative and regulatory processes, as well as of the powers and authorities of Congressional committees and has testified as an expert on Congressional investigations before Congress. He currently chairs the ABA's Committee on Legislative Process and Government Investigations. His contacts are extensive and strong in both Republican and Democratic circles.
Since joining Gibson, Dunn in 2008, Mr. Bopp has defended clients in dozens of Congressional and other investigations and has prepared numerous CEOs and other top executives for committee hearings, depositions, and interviews. Mr. Bopp's engagements include representing companies, associations, other entities and individuals in the following investigations:
- Counsel for health insurance company, multiple government contractors, and a non-profit entity in House and Senate investigations relating to the Affordable Care Act;
- Counsel for Big 4 accounting firm in an investigation by the Senate Permanent Subcommittee on Investigations into alleged offshore tax evasion. This investigation culminated in a hearing at which our client successfully defended its actions resulting in no follow-up by the Subcommittee and avoiding negative press coverage and reputational damage;
- Counsel for private equity firm in Senate Aging Committee investigation of drug pricing;
- Conducting internal investigation of allegations of misappropriation and misuse of tens of millions of dollars of corporate funds;
- Conducted internal investigation for portfolio company relating to potential False Claims Act lawsuit relating to alleged product defect.Convinced Department of Justice not to intervene;
- Counsel for automaker in connection with potential congressional and executive branch investigations relating to emissions controls;
- Counsel for Wall Street firm in investigations by the Senate Permanent Subcommittee on Investigations into causes of the financial markets crisis and into the commodities activities of financial holding companies;
- Counsel for 501(c)(4) organization in investigation by State of California into alleged violations of state election laws.Investigation ended with no prosecution;
- Counsel for automaker in Senate Commerce Committee investigation of Takata airbag malfunctions;
- Counsel for Member of Congress in Office of Congressional Ethics' and House Ethics Committee's inquiries into alleged insider trading. The Office of Congressional Ethics recommended that the allegations concerning the Member of Congress be dismissed;
- Counsel for health care company in the House Energy and Commerce and Senate Commerce Committees' investigations of the health insurance industry;
- Counsel for telecommunications company in multiple congressional investigations relating to the company's interactions with the Federal Communications Commission;
- Counsel for hedge fund in Senator Grassley's investigation of information allegedly leaked relating to Medicare reimbursement rates; Counsel for a Big 4 accounting firm in the Senate Banking Committee's inquiry into mortgage lending and servicing practices;
- Counsel for automaker in House Oversight and Government Reform Committee investigation of the agreement on Greenhouse Gas and CAFE standards;
- Counsel for loan recipient in House Oversight and Government Reform Committee investigation of Department of Energy "green energy" programs;
- Counsel for health insurance company in investigation by Chairman Baucus and Senator Grassley into health insurance company agreements with lab services providers;
- Counsel for companies in connection with Financial Crisis Inquiry Commission's investigation of causes of the financial markets crisis;
- Counsel for several companies in investigation by Senate Health, Education, Labor and Pensions Committee of career colleges;
- Counsel for healthcare information technology company in connection with Senate Finance Committee investigation;
- Counsel for company in connection with Senate Finance Committee's investigation of a high-profile Executive Branch nominee;
- Counsel for elder care company in connection with Senate Special Committee on Aging's investigation of continuing care retirement communities.
- Counsel for satellite company executive in investigation by House Science and Technology Committee's into satellite procurement issues;
- Counsel for employee of security company in investigation by Commission on Wartime Contracting in Iraq and Afghanistan into services contracts; and
- Counsel for various parties in multiple investigations by House Committee on Standards of Official Conduct and Office of Congressional Ethics.
Mr. Bopp engages in high-level, strategic policy and related regulatory work on a variety of issues. His clients have included General Electric Company, U.S. Chamber of Commerce, Business Roundtable, Ticketmaster, Farmers Insurance, Microsoft, Fairfax Financial, Goldman Sachs, General Dynamics, University of Maine, MetLife, Perry Capital, International Swaps and Derivatives Association and LightSquared.
Mr. Bopp has handled a variety of financial regulatory reform issues. He has helped numerous clients work with Congress and the Administration on regulatory reform legislation, and shape, prepare for, and sometimes challenge new regulatory requirements promulgated as a result of the Dodd-Frank Act.
Among his many successes is helping to create and run the Coalition for Derivatives End-Users, which has roughly 300 active company and trade association members. The Coalition works on both legislative and regulatory fronts to help protect interests of end-user companies in the debate over appropriate regulation of derivatives and has been a highly-successful participant in these processes. The Coalition's top two priorities – establishing a statutory margin exemption for end-users and a clearing exemption for end-users that hedge through centralized treasury units –are two of the only substantive amendments to the Dodd-Frank Act that have become law.
As a result of this work, Mr. Bopp has been named one of the 100 most influential people in finance by Treasury and Risk magazine and has been asked to testify before Congress.
Mr. Bopp also has assisted clients in numerous other policy areas, including budget, appropriations, housing, telecommunications, judiciary, patent, antitrust, transportation, homeland security, tax and bankruptcy. He has particular expertise with respect to issues involving the Office of Management and Budget (OMB).
From 2006-2008, Mr. Bopp served as Associate Director of OMB and was responsible for overseeing budgets and coordinating regulatory, legislative, and other policy for approximately $150 billion worth of spending for various government agencies, including the Departments of Treasury, Homeland Security, Transportation, Justice, Housing and Urban Development, and Commerce, the General Services Administration, the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission.
From 2003 to 2006, he served as Staff Director and Chief Counsel of the Committee on Homeland Security and Governmental Affairs, one of the Senate's largest committees and most expansive in terms of jurisdiction. He oversaw more than 100 hearings, led numerous investigations and was a primary drafter of key legislation, including the Intelligence Reform and Terrorism Prevention Act of 2004, the most significant reform of the intelligence community in more than 50 years, and 2006 legislation strengthening port security and overhauling the Federal Emergency Management Agency. He also directed a 50-person investigation of the failure of preparations and response to Hurricane Katrina. The investigation included 22 hearings, 325 witnesses, more than 800,000 pages of documents and an 800 page report.
Mr. Bopp served as Legislative Director and General Counsel to Senator Susan Collins of Maine from 1999 to 2003. He was Chief Counsel to the Subcommittee on Oversight and Investigations of the Committee on Education and the Workforce in the U.S. House of Representatives from 1998 to 1999, where he investigated alleged improper activities undertaken by Teamsters' officials. Before that, he worked on the Congressional investigation of campaign finance abuses as senior investigative counsel to the House Committee on Government Reform and Oversight and as counsel for the Senate Committee on Governmental Affairs. He also previously served as counsel on the Senate Permanent Subcommittee on Investigations. Mr. Bopp served as outside general counsel to the campaign to re-elect Senator Susan Collins.
Mr. Bopp received his law degree cum laude in 1992 from Harvard Law School where he was Articles Editor on the Journal of Law and Public Policy. He graduated magna cum laude, with honors, in public policy from Brown University in 1987.
Bopp, Michael D., Long, Arthur S., Shelton, Mark S., Muckenfuss, Chuck, Steiner, Jeffrey L., Dumont, Nicolas H.R., Kudiya, Asad, Mansh, Jennifer C., Richard, Colin, "The Commodities Activities of Banks: Comments on the Federal Reserve's Advance Notice of Proposed Rulemaking," Gibson, Dunn & Crutcher LLP, April 2014
Bopp, Michael D., Cox, Douglas, Hatch, Timothy, Long, Arthur S., Mendro, Jason J., Millian, John C., Muckenfuss, Chuck, Rudnick, Amy. G., Sturc, John H., Warin, Joseph F., "The Consumer Financial Protection Bureau: Its Foundation, Authorities, and First Year of Enforcement," Gibson, Dunn & Crutcher LLP, June 2013
Bopp, Michael D., Levine, Mel, Warin, Joseph F., "The Power to Investigate: Table of Authorities of House and Senate Committees for the 113th Congress," Gibson, Dunn & Crutcher LLP, May 2013
Bopp, Michael D., Lay, DeLisa, "The Availability of Common Law Privileges for Witnesses in Congressional Investigations," Harvard Journal of Law & Public Policy, Summer 2012