White Collar Defense and Investigations

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Updated DOJ Criminal Division Guidance on the “Evaluation of Corporate Compliance Programs”

On April 30, 2019, the U.S. Department of Justice (“DOJ”), Criminal Division, released updated guidance to DOJ prosecutors on how to assess corporate compliance programs when conducting an investigation, in making charging decisions, and in negotiating resolutions.

Client Alert | May 3, 2019

Kelly Austin Named Hong Kong Star in Benchmark Litigation Asia-Pacific

The 2019 edition of Benchmark Litigation Asia-Pacific has recognized partner Kelly Austin as a Hong Kong Star in the area of White Collar Crime and ranked the Firm in Tier 2 in its Hong Kong White Collar Crime - International Firms category.

Firm News | May 2, 2019

Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019

In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings.

Firm News | April 25, 2019

Gibson Dunn and Benno Schwarz Ranked as Top Law Firm and Top Lawyer in Compliance

German publication WirtschaftsWoche has recognized Gibson Dunn as a Top Law Firm and Munich partner Benno Schwarz as a Top Lawyer in Compliance among its list of the most renowned law firms and lawyers.

Firm News | April 8, 2019

Twelve Gibson Dunn partners recognized by Who’s Who Legal Investigations

Twelve Gibson Dunn partners were recognized by Who’s Who Legal Investigations 2019. The guide covers investigations, white-collar crime, corporate compliance and regulatory enforcement.

Firm News | March 22, 2019

Gibson Dunn Ranked in Chambers Europe 2019

Gibson Dunn received 30 rankings in Chambers Europe 2019: 22 individual rankings and eight firm rankings. The firm was recommended in the following categories: Competition/European Law – Belgium; Corporate Investigations – Europe-wide; Corporate/M&A: High-End Capability – France; Restructuring/Insolvency – France; TMT: Information Technology – France; Compliance – Germany; Corporate/M&A: High-End Capability – Germany; Dispute Resolution: White-Collar Crime: Corporate Advisory – Germany.

Firm News | March 8, 2019

Supreme Court Holds That Eighth Amendment’s Prohibition Of Excessive Fines And Related Forfeitures Applies To The States

In Timbs v. Indiana, the U.S. Supreme Court held 9-0 that the Eighth Amendment’s prohibition of excessive fines applies to the States.

Client Alert | February 20, 2019

Investigations in the 116th Congress: A New Landscape and How to Prepare

With Democrats regaining the majority in the House of Representatives for the first time in nearly a decade, the investigative priorities of the lower chamber will shift—and corporations should expect (and prepare) to find themselves more frequently the subjects of investigations.

Client Alert | January 29, 2019

Trends In DOJ Nonprosecution, Deferred Prosecution Deals

Washington, D.C. partners F. Joseph Warin and M. Kendall Day and associate Melissa Farrar are the authors of “Trends In DOJ Nonprosecution, Deferred Prosecution Deals” [PDF] published by Law360 on January 29, 2019.

Publications | January 29, 2019

Webcast: Challenges in Compliance and Corporate Governance

Every year brings new compliance challenges, and 2018 has been no exception. Join our panelists as they discuss key changes in the 2018 regulatory landscape and look forward to 2019 with insight on how to effectively navigate risks in the new year.

Webcasts | January 29, 2019

Co-operating with the Authorities: The US Perspective

Washington, D.C. partner F. Joseph Warin, San Francisco partner Winston Chan, Washington, D.C. associate Pedro Soto and San Francisco associate Kevin Yeh are the authors of “Co-operating with the Authorities: The US Perspective,” [PDF] published in Global Investigations Review’s Practitioner’s Guide to Global Investigations Volume I: Global Investigations in the United Kingdom and the United States in January 2019.

Publications | January 28, 2019

Developments in the Defense of Financial Institutions – Calculating the Financial Exposure

Our financial institution clients frequently inquire about how best to address their regulatory and financial exposure in inquiries by the U.S. Department of Justice ("DOJ") and regulators in the United States.

Client Alert | January 18, 2019

2018 Year-End German Law Update

Looking back at the past year's cacophony of voices in a world trying to negotiate a new balance of powers, it appeared that Germany was disturbingly silent, on both the global and European stage.

Client Alert | January 11, 2019

2018 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements

In 2018, the number of corporate non-prosecution agreements ("NPAs") and deferred prosecution agreements ("DPAs") in the United States remained steady—2018 yielded at least 24 agreements—but the monetary recoveries skyrocketed to nearly $8.1 billion. 

Client Alert | January 10, 2019

2018 Year-End False Claims Act Update

Gibson Dunn provides an overview of False Claims Act enforcement activity at the federal and state levels during fiscal year 2018, summarize the most notable FCA settlements announced in the second half of 2018, discuss noteworthy developments on the legislative and policy fronts, and conclude with an analysis of significant cases from the past six months.

Client Alert | January 9, 2019

Webcast: FCPA Trends in the Emerging Markets of Asia, Russia, Latin America, and Africa

In this webcast, Gibson Dunn attorneys discuss how to do business in key markets without running afoul of anti-corruption laws, including the FCPA.

Webcasts | January 8, 2019

2018 Year-End FCPA Update

Gibson Dunn provides an overview of the Foreign Corrupt Practices Act and other domestic and international anti-corruption enforcement, litigation, and policy developments from the year 2018, as well as the trends we see from this activity.

Client Alert | January 7, 2019

Gibson Dunn Ranked in 2019 Chambers Asia Pacific

Gibson Dunn earned 12 firm rankings and 21 individual rankings in the 2019 edition of Chambers Asia-Pacific.

Firm News | November 29, 2018

Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2018 Top Lawyers

Washingtonian magazine named five DC partners to its 2018 Top Lawyers, featuring “[t]he area’s star legal talent” in their respective practice areas:

Firm News | November 29, 2018

Three Gibson Dunn partners recognized by Who’s Who Legal

Three Gibson Dunn partners were recognized by Who’s Who Legal Thought Leaders: Global Elite 2019 in their respective practice areas. Brussels partner Peter Alexiadis and Washington, D.C. partner Richard Parker were recognized in Competition, and Washington, D.C. F.

Firm News | November 21, 2018

Gibson Dunn Ranked in the 2019 UK Legal 500

The UK Legal 500 2019 ranked Gibson Dunn in 13 practice areas and named six partners as Leading Lawyers. The firm was recognized in the following categories:

Firm News | November 21, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

Who’s Who Legal Recognizes Twelve Gibson Dunn Partners

Twelve Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal Private Funds 2019, Dubai partner Chézard Ameer, Hong Kong partner John Fadely, Los Angeles partner Jennifer Bellah Maguire, New York partners Shukie Grossman, Edward Nelson and Edward Sopher, and Washington, D.C. partner C.

Firm News | October 30, 2018

Gibson Dunn Ranked No. 1 by Global Investigations Review

Global Investigations Review ranked Gibson Dunn No. 1 in the GIR 30 [PDF], its annual guide to the world’s top 30 investigations practices. GIR noted, “Gibson Dunn has extensive experience across the white-collar spectrum, in matters ranging from sanctions violations to benchmark manipulation and money laundering.

Firm News | October 26, 2018

SEC Warns Public Companies on Cyber-Fraud Controls

On October 16, 2018, the Securities and Exchange Commission issued a report warning public companies about the importance of internal controls to prevent cyber fraud.  The report described the SEC Division of Enforcement's investigation of multiple public companies which had collectively lost nearly $100 million in a range of cyber-scams typically involving phony emails requesting payments to vendors or corporate executives.

Client Alert | October 17, 2018

Webcast: Ten Years After Siemens: The Evolving Landscape of Global Anti-Corruption Enforcement

Ten years have passed since the watershed Siemens resolution with the DOJ, SEC, Munich Public Prosecutor and World Bank in December 2008. Over the last decade, global anti-corruption enforcement and multinational cooperation has taken off.

Webcasts | September 17, 2018

SFO Successfully Defends Challenge over the Territorial Scope of Compulsory Document Requests

Last week the High Court in London handed down its decision following a challenge by KBR, Inc. against the issuing of compulsory document requests that required the production of documents held by the company outside of the UK.

Client Alert | September 11, 2018

Court of Appeal in London Overturns Widely Criticised High Court Judgment in SFO v ENRC

I. Introduction Today the Court of Appeal of England and Wales issued its judgment in The Director of the Serious Fraud Office and Eurasian Natural Resources Corporation Limited regarding the privileged nature of documents created in the context of an internal investigation.

Client Alert | September 5, 2018

Developments in the Defense of Financial Institutions

To Disclose or Not to Disclose: Analyzing the Consequences of Voluntary Self-Disclosure for Financial Institutions One of the most frequently discussed white collar issues of late has been the benefits of voluntarily self-disclosing to the U.S.

Client Alert | July 12, 2018

2018 Mid-Year False Claims Act Update

Six months ago, we remarked in these pages on the largely unchanged and unrelenting pace of False Claims Act ("FCA") enforcement under the Trump Administration.

Client Alert | July 11, 2018

2018 Mid-Year Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

This publication marks our tenth year tracking corporate non-prosecution agreements ("NPAs") and deferred prosecution agreements ("DPAs"). What a decade it has been.

Client Alert | July 10, 2018

H.R. 4010: The Congressional Subpoena Compliance and Enforcement Act of 2017

Late last year, the U.S. House of Representatives passed H.R. 4010, the Congressional Subpoena Compliance and Enforcement Act of 2017 (the "Bill"). The Bill seeks to strengthen Congressional subpoena enforcement power by: (1) codifying the subpoena enforcement power and process in statute; (2) expediting litigation arising from non-compliance with the subpoena; (3) codifying a court's power to levy financial penalties against the head of a U.S.

Client Alert | July 9, 2018

2018 Mid-Year FCPA Update

The steady clip of Foreign Corrupt Practices Act ("FCPA") prosecutions set in 2017 has continued apace into the first half of 2018, largely quieting any questions of enforcement of this important statute under the current Administration.

Client Alert | July 9, 2018

Supreme Court Holds That Individuals Have Fourth Amendment Privacy Rights In Cell Phone Location Records

Carpenter v. United States, No. 16-402 Decided June 22, 2018 The Supreme Court held 5-4 that law enforcement officials must generally obtain a warrant when seeking historical cell phone location records from a telecommunications provider.

Client Alert | June 22, 2018

Acting Associate AG Panuccio Highlights DOJ’s False Claims Act Enforcement Reform Efforts

On June 14, 2018, Acting Associate Attorney General Jesse Panuccio gave remarks highlighting recent enforcement activity and policy initiatives by the Department of Justice ("DOJ").

Client Alert | June 20, 2018

Revisions to the FFIEC BSA/AML Manual to Include the New CDD Regulation

On May 11, 2018, the federal bank regulators and the Financial Crimes Enforcement Network ("FinCEN") published two new chapters of the Federal Financial Institution Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual ("BSA/AML Manual") to reflect changes made by FinCEN to the CDD regulation.

Client Alert | June 14, 2018

Stephanie Brooker Named Among GIR’s Top Women in Investigations 2018

Global Investigations Review has named Washington, D.C. partner Stephanie Brooker to its list of Women in Investigations 2018 [PDF], which “showcase(s) the breadth and depth of talent among the women in the international investigations space.” The special report was published in June 2018.

Firm News | June 1, 2018

Gibson Dunn Receives Chambers USA Excellence Award

At its annual USA Excellence Awards, Chambers and Partners named Gibson Dunn the winner in the Corporate Crime & Government Investigations category.

Firm News | May 25, 2018

Webcast: Anti-Money Laundering and Sanctions Enforcement and Compliance in 2018 and Beyond

Gibson Dunn partners provide an overview of significant trends and key issues in Bank Secrecy Act (BSA)/Anti-Money Laundering (AML) and sanctions enforcement and compliance.

Webcasts | May 3, 2018

Stephanie Brooker Named a White Collar Trailblazer

The National Law Journal named Washington, D.C. partner Stephanie Brooker a 2018 White Collar Trailblazer [PDF]. Brooker is recognized for her career in government service as former Director of the Enforcement Division at the U.S.

Firm News | May 1, 2018

FinCEN Issues FAQs on Customer Due Diligence Regulation

On April 3, 2018, FinCEN issued its long-awaited Frequently Asked Questions Regarding Customer Due Diligence Requirements for Financial Institutions, FIN-2018-G001.

Client Alert | April 23, 2018

Supreme Court Holds That Recent Legislation Moots Dispute Over Emails Stored Overseas

United States v. Microsoft Corp., No. 17-2 Decided April 17, 2018 Today, the Supreme Court held that Microsoft’s dispute with the federal government over the government’s attempts to access email stored oversees is moot.

Client Alert | April 17, 2018

Key 2017 Developments in Latin American Anti-Corruption Enforcement

In 2017, several Latin American countries stepped up enforcement and legislative efforts to address corruption in the region. Enforcement activity regarding alleged bribery schemes involving construction conglomerate Odebrecht rippled across Latin America's business and political environments during the year, with allegations stemming from Brazil's ongoing Operation Car Wash investigation leading to prosecutions in neighboring countries.

Client Alert | March 15, 2018

Corporate NPA and DPA: All in the Nuance

Washington, D.C. partners F. Joseph Warin and Michael Diamant and Washington, D.C. associate Melissa Farrar are the authors of "Corporate NPA and DPA: All in the Nuance," [PDF] published in International Financial Law Review in March 2018.

Article | March 1, 2018

Co-operating with the Authorities: The US Perspective

Washington, D.C. partner F. Joseph Warin, San Francisco partner Winston Chan, Washington, D.C. associate Pedro Soto and San Francisco associate Kevin Yeh are the authors of "Co-operating with the Authorities: The US Perspective," [PDF] published in Global Investigations Review's Practitioner's Guide to Global Investigations in March 2018.

Article | March 1, 2018

Latin America’s Wave of Anticorruption Laws

Los Angeles partner Michael Farhang is the author of "Latin America's Wave of Anticorruption Laws," [PDF] published by the Daily Journal on February 20, 2018.

Article | February 20, 2018

DOJ Policy Statements Signal Changes in False Claims Act Enforcement

The Department of Justice issued two internal memoranda in January 2018 that, taken together, reflect the Trump Administration's first significant policy statements on False Claims Act (FCA) enforcement.

Client Alert | February 6, 2018

Webcast – Challenges in Compliance and Corporate Governance -14th Annual Briefing

In this webcast, a panel reviews key regulatory and corporate governance developments in 2017 and offers valuable insight on how to address challenges forecasted for 2018.

Webcasts | January 24, 2018

Webcast: FCPA Trends in the Emerging Markets of China, Russia, Latin America, India and Africa

Corruption was a defining characteristic of a roller-coaster 2017, with landmark Foreign Corrupt Practices Act (“FCPA”) enforcement actions, the passage of historic anti-bribery legislation in key markets, and sustained grassroots anti-corruption movements threatening to upend established political orders.

Publications | January 9, 2018