Winston Y. Chan is a litigation partner in Gibson, Dunn & Crutcher's San Francisco office. He is an experienced trial and appellate attorney, and is a member of the firm's White Collar Defense and Investigations, Securities Enforcement, False Claims Act, FDA and Health Care, Life Sciences, FCPA, Environmental Litigation, and Antitrust Practice Groups. Mr. Chan has particular expertise leading matters involving government enforcement defense, internal investigations, compliance counseling, and civil trial litigation.
In 2016, Chambers USA ranked Mr. Chan as one of its three "Up-and-Coming" attorneys in California for the category of White Collar Crime and Government Investigations. Benchmark Litigation has recognized Mr. Chan as a 2016 and 2015 California Litigation Star for being "recommended consistently as a reputable and effective litigator by clients and peers." In 2014, Mr. Chan was named in Law360 as one of just five nationwide "Rising Stars" in White Collar Criminal Defense under the age of 40 "whose legal accomplishments belie their age."
From 2003 to 2011, Mr. Chan served as an Assistant United States Attorney in the Eastern District of New York, where he investigated a wide range of matters as part of that office's Business and Securities Fraud Section, including False Claims Act violations, health care fraud, Foreign Corrupt Practices Act violations, hedge fund improprieties, insider trading, accounting fraud, market manipulation, and fraudulent offerings of securities. Mr. Chan additionally prosecuted cases in the Organized Crime and Racketeering Section, where he handled matters involving Italian, Eastern European and Asian criminal enterprises, for which the Attorney General awarded Mr. Chan one of the Department of Justice's highest awards for his "exemplary and historic work."
As a senior prosecutor, Mr. Chan served in a number of supervisory roles at the U.S. Attorney's Office, including as Health Care Fraud Coordinator. In that capacity, he oversaw all qui tam and whistleblower investigations involving allegations of False Claims Act violations, kickbacks, misbranding and off-label promotion by pharmaceutical, biotechnology and medical diagnostic companies, among others. Mr. Chan also served as Deputy Chief of the General Crimes section, where he supervised and trained all first-year AUSAs in their investigation, prosecution and trial of federal offenses ranging from fraud to violent crime. By the conclusion of his tenure with the U.S. Attorney's Office, Mr. Chan had trained approximately half of the 83 line prosecutors in the Eastern District of New York.
Mr. Chan earned his undergraduate degree, magna cum laude, from Yale University, and his Juris Doctor from Yale Law School, where he was on the Yale Law Journal and president of the Pacific Islander, Asian and Native American Law Students' Association. Following law school, Mr. Chan served as a law clerk for the Honorable Leonard B. Sand of the United States District Court for the Southern District of New York, and then for the Honorable Chester J. Straub of the United States Court of Appeals for the Second Circuit. While a federal prosecutor, Mr. Chan taught a clinical course at Columbia Law School on the principles of federal prosecution and a first-year lawyering course at Fordham University School of Law.
He speaks conversational Mandarin Chinese and Taiwanese and serves as a chair of the Diversity Committee of the firm's Bay Area offices.
Recent significant engagements involving government enforcement defense include:
- Defending an individual charged with criminal securities fraud by the U.S. Attorney's Office relating to the alleged concealment of hedge fund investor losses.
- Representing a professional services firm in connection with a criminal money laundering investigation by the U.S. Attorney's Office relating to the firm's provision of alleged services to medical marijuana businesses.
- Defending managed care health plans in connection with False Claims Act investigations by the U.S. Attorney's Office and HHS-OIG relating to each plan's alleged implementation of the Affordable Care Act.
- Defended a Fortune 500 health care services system in connection with a nationwide False Claims Act investigation by the DOJ and HHS-OIG relating to alleged medical necessity issues, resulting in a full declination of charges.
- Defending a Fortune 500 health care services provider (acute care) in connection with a nationwide False Claims Act investigation by the DOJ and HHS-OIG relating to alleged "worthless services" and quality of care issues.
- Defending a Fortune 500 consumer retailing chain in connection with a False Claims Act investigation by the U.S. Attorney's Office and State Attorney General's Office.
- Represented numerous former executives of a Fortune 500 pharmaceutical and medical device company in connection with an investigation by the U.S. Attorney's Office and State Attorney General's Office into alleged violations of the Anti-Kickback Statute, which was successfully closed without further action.
- Defended a Fortune 500 pharmaceutical and medical device company in connection with a DOJ and HHS-OIG investigation into alleged off-label promotion, kickback and product safety violations throughout the United States.
- Defended a leading health care services provider (post-acute care) in connection with civil and criminal False Claims Act investigations by the U.S. Attorney's Office, HHS-OIG and DOJ.
- Representing a nutritional supplement company in connection with an investigation by the California Food, Drug & Medical Device Task Force into alleged false advertising and unfair competition.
- Defended a nutritional supplement company and its Founder/CEO in connection with an FDA misbranding investigation and prosecution by the U.S. Attorney's Office and DEA.
- Defended a hospital executive in connection with a criminal prosecution and trial by the California Attorney General's Office for alleged violations of elder abuse reporting statutes, successfully obtaining dismissal of all charges.
- Represented a Fortune 500 technology company in connection with an FCPA investigation by the SEC, relating to alleged marketing practices in East and South Asia, and successfully obtained a no-action letter.
- Represented a former executive in connection with an FCPA investigation by the SEC and DOJ, relating to the alleged Middle East sales practices of a Fortune 500 technology company.
- Represented a Fortune 500 financial services firm in connection with criminal federal investigations into the mortgage-backed securities market.
- Represented a hedge fund in connection with criminal and civil insider trading investigations by various U.S. Attorney's Offices and SEC Regional Offices.
- Defending a Fortune 500 retailer in connection with a California District Attorney environmental task force investigation relating to alleged hazardous waste handling and disposal violations.
- Defended an international transportation public company in connection with multiple state and federal government investigations relating to alleged Clean Water Act and Refuse Act violations.
- Represented the Board of Directors of a multi-national oil and gas public company in connection with a DOJ environmental criminal investigation.
- Defended the CEO and Chairman of a U.S.-listed Chinese "reverse merger" company in connection with an SEC inquiry and audit committee investigation.
- Represented numerous technology companies in connection with cyber-security investigations by various U.S. Attorney's Offices and FBI Field Offices.
- Represented a Fortune 500 technology company in connection with an export control investigation by the U.S. Attorney's Office and U.S. Department of Commerce.
Recent significant engagements involving internal investigations include:
- Conducted various internal investigations on behalf of Fortune 500 life sciences companies in connection with alleged FCPA, regulatory and compliance code violations, both domestically and internationally.
- Conducted an internal investigation in a dozen Asian jurisdictions on behalf of a Fortune 500 technology company into alleged FCPA and antitrust violations relating to its distributor and channel partners.
- Conducted various internal investigations in China on behalf of Fortune 500 technology companies into alleged FCPA violations relating to third-party procurement, supply chain and gifts, hospitality and travel practices.
- Conducted an internal investigation on behalf of a Fortune 500 technology company into alleged FCPA violations relating to government tenders in Eastern Europe.
- Conducted an internal investigation on behalf of a Fortune 500 technology company into FCPA risks relating to customs payments by distributors in Russia.
- Conducted an internal investigation on behalf of a technology e-retail company into FCPA risks presented by a proposed joint-venture transaction in China.
- Conducted an internal investigation in various countries around the world on behalf of a Fortune 500 consumer products company, relating to an alleged global cartel under investigation by U.S. and foreign antitrust authorities.
- Conducted an internal investigation on behalf of a Fortune 500 technology company into alleged trade secrets thefts.
- Conducted an internal investigation on behalf of a leading financial services consulting firm into allegations involving public contracting fraud.
- Served as counsel to the America's Cup Review Committee in its investigation into a lethal training accident in connection with the 34th America's Cup yacht race in San Francisco Bay.
Recent significant engagements involving compliance counseling include:
- Conducted a compliance program effectiveness review on behalf of a Fortune 500 pharmaceutical and medical device company under an HHS-OIG Corporate Integrity Agreement.
- Advising numerous technology, life sciences and other public companies on their anti-corruption policies, controls and compliance systems.
- Advised Salesforce on due diligence matters in connection with its $2.8 billion acquisition of Demandware.
- Advised Ningbo Joyson Electronic Corporation on due diligence matters in connection with its $920 million acquisition of KSS Holdings, Inc.
- Advised HP on due diligence matters in connection with its $3 billion acquisition of Aruba Networks.
- Advised Cadence Design Systems on due diligence matters in connection with its $380 million acquisition of Tensilica, Inc.; and its acquisition of India-based Cosmic Circuits Private Limited.
- Advised Pace plc on due diligence matters in connection with its bid to acquire Motorola Home from Google.
- Served on the global monitorship team supporting the Independent Compliance Monitor of Siemens AG in connection with its settlement of alleged FCPA violations across the world.
- Advised a Fortune 500 government contracting company on compliance remediation measures as a result of a federal investigation and prosecution of some of its employees for alleged public contracting fraud and kickbacks.
- Advised a Fortune 500 gaming company on its global anti-money laundering policies, controls and compliance systems.
Recent significant engagements involving civil trial litigation include:
- Defending a leading health care services provider (post-acute care) in connection with a False Claims Act qui tam lawsuit filed by a former employee.
- Defended Walgreens Co. in connection with a False Claims Act qui tam lawsuit filed by a current employee.
- Represented a Fortune 500 health care services provider (acute care) in connection with a False Claims Act qui tam lawsuit filed by a current employee, which was dismissed by the court.
- Defended, and obtained a favorable settlement for, an international transportation public company in connection with a False Claims Act qui tam lawsuit.
- Represented General Electric in connection with the first mass tort claim being litigated in Taiwan court.
- Represented, and successfully obtained judgment for, a leading mobile application designer in connection with its trademark and copyright actions against a China-based infringer.
- Defended, and obtained a favorable settlement for, China Mobile Communications Corporation in connection with intellectual property licensing lawsuits.
Bar Activities include:
- American Bar Association, White Collar Crime Committee, Northern California Regional Subcommittee, Co-Chair.
- Criminal Justice Act Panel, United States District Court for the Northern District of California.
- Bar Association of San Francisco, Criminal Justice Section, Executive Committee.
- Asian American Bar Association of the Greater Bay Area, Judiciary Committee.
- National Asian Pacific American Bar Association, Government Enforcement and Compliance Committee.
- American Bar Association, Section of Antitrust Law, Antitrust Law Developments, Contributor.
Speaking engagements include:
- "Global Anti-Corruption Enforcement Trends and Challenges Facing Bay Area Companies," SCCE Regional Compliance & Ethics Conference; San Francisco, CA (May 20, 2016).
- "DOJ and OIG Focus on Physician Compensation," HCCA Compliance Institute; Las Vegas, NV (Apr. 18, 2016).
- "How To Balance Increased Business Development Pressures with China's High Compliance Risks: How China's Economic Slowdown Will Have an Impact on Your Anti-Corruption Initiatives," ACI FCPA Boot Camp; Houston, TX (Jan. 27, 2016).
- "FCPA: Proactive Monitoring for Compliance and Risk Management," Compliance, Governance and Oversight Council; San Francisco, CA (Sep. 24, 2015).
- "Conflicting Compliance: When Foreign Laws Are at Odds with Anti-Corruption Compliance under the FCPA and UK Bribery Act," SCCE European Compliance & Ethics Institute in Prague, Czech Republic (Mar. 22, 2016); SCCE Utilities & Energy Conference in Houston, TX (Feb. 23, 2016); and SCCE European Compliance & Ethics Institute in London, UK (Apr. 1, 2015).
- "How the Sausage is Made: How the Government Evaluates FCA Whistleblower Allegations and Helps Relators Build Evidence," HCCA Compliance Institute in Lake Buena Vista, FL (April 20, 2015); AHLA Long Term Care & The Law Conference in New Orleans, LA (Feb. 23, 2015); and AHLA Physicians & Hospitals Law Institute in Las Vegas, NV (Feb. 3, 2015).
- "Medical Necessity: The Next Wave of Healthcare Fraud & Abuse Enforcement," Navigant Webcast (Oct. 30, 2014).
- "Anti-Corruption Compliance Challenges in High Risk Regions of the World – The Cost of Doing Business in Africa, Asia, Latin America and Russia/Eastern Europe," SCCE Annual Compliance & Ethics Institute; Chicago, IL (Sep. 16, 2014).
- "Clash of Compliance: Global Anti-Corruption Considerations when Foreign Laws Are at Odds with the FCPA," Ethisphere Webcast (Mar. 27, 2014).
- "Best Practices for Responding to Search Warrants," ABA Annual National Institute on White Collar Crime; Miami, FL (Mar. 5, 2014).
- "Introduction to Medical Device Law & Regulation: Enforcement and Compliance," Food and Drug Law Institute; Palo Alto, CA (Oct. 16, 2013).
- "Anti-Corruption Compliance and Local Law: What To Do When Local Law Prevents You From Complying with the FCPA," ABA Section of International Law Fall Meeting; London, UK (Oct. 9, 2013).
- "If a Little Knowledge Can Be Dangerous, How About A Lot of Knowledge? The Ethics of Social Media in the Courtroom," Santa Clara County Bar Association; Palo Alto, CA (June 17, 2013).
- "U.S. Criminal Investigations and Prosecutions: An Overview for Pharmaceutical, Bio-Technology, Medical Device and Life Science Businesses and Investment Funds in Asia," Taiwan Bio Industry Organization; Taipei, Taiwan (Jan. 11, 2013).
- "Oral Advocacy – Speak Up!" National Asian Pacific American Bar Association; Washington, DC (Nov. 17, 2012).
- "Federal and State Whistleblower Laws: What You Need to Know," Bar Association of San Francisco; San Francisco, CA (Nov. 1, 2012).
- "Red Envelopes: What Does the U.S. Anti-Bribery Law (the FCPA) Mean for Doing Business in Taiwan and Asia?" American Chamber of Commerce, Corporate Compliance Lunch Series; Taipei, Taiwan (June 8, 2012).
- "Just How Far Can the DOJ and SEC Reach?" West LegalEdcenter Webcast (June 4, 2012).
- "Cyber Crime: The New Face of Economic Crime," Sandpiper Partners Program; Redwood City, CA (May 30, 2012).
- "FCPA Risks for Hedge Funds and Private Equity," Bay Area Funds Forum; San Francisco, CA (May 24, 2012).
- "The Anti-Bribery Law of the United States (the FCPA): What Does It Mean for Your Business in Taiwan?" Science & Technology Law Institute Seminar; Taipei, Taiwan (Mar. 13, 2012).
- "Chinese Reverse Merger Companies: Handling Government Investigations and Civil Litigation," West LegalEdcenter Webcast (Nov. 3, 2011).