Michael S. Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the White Collar Defense and Investigations Practice Group, and serves on the firm’s Finance Committee. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance.

Mr. Diamant has broad white collar defense experience representing corporations and corporate executives facing criminal and regulatory charges. He has represented clients in an array of matters, including accounting and securities fraud, antitrust violations, and environmental crimes, before law enforcement and regulators, like the U.S. Department of Justice and the Securities and Exchange Commission. Mr. Diamant also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in nineteen different countries on five continents. Mr. Diamant also regularly advises major corporations on the structure and effectiveness of their compliance programs. This often includes reviewing reporting mechanisms, internal payment controls, and compliance messaging, as well as drafting new compliance materials, such as ethics and anti-corruption handbooks.

In 2020, 2019, 2018, and 2017, Chambers and Partners’ global guide, Chambers Global, recognized Mr. Diamant as one of the leading U.S. Foreign Corrupt Practices Act (“FCPA”) experts in the United States. In 2020, 2019, 2018, 2017, and 2016, he was similarly ranked by Chambers USA nationwide for FCPA. Mr. Diamant also has been recognized by the following publications

• Best Lawyers in America® for White Collar (2021);
• Who’s Who Legal’s “Future Leaders: Investigations” (2020);
• Benchmark Litigation’s “40 & Under Hot List” (2020);
• Benchmark Litigation’s “Future Litigation Star” (2019);
• Global Investigation Review’s “40 Under 40” (2017);
• Benchmark Litigation’s “Under 40 Hot List” (2017);
• Law360’s “Rising Stars” for White Collar (2017);
• Benchmark Litigation’s “Rising Stars” (2016);
• Global Investigation Review’s “40 Under 40” (2014).

In his FCPA practice, Mr. Diamant regularly conducts internal investigations for corporations regarding possible anti-bribery violations and assists them in complying with government subpoenas and negotiating settlements with enforcement agencies. He also routinely advises corporations on the adequacy of the design and implementation of their FCPA compliance programs. Mr. Diamant has designed entire anti-bribery compliance programs, as well as guidance and payment approval materials, for Fortune 100 corporations. He also frequently conducts FCPA training for in-house counsel, corporate executives, and line employees. And he has served as a faculty member for the Ethics and Compliance Officer Association’s Global Law School.

Mr. Diamant also has extensive World Bank Group enforcement experience, working on behalf of clients under investigation by the World Bank Integrity Vice Presidency and assisting companies already subject to World Bank sanction. Recent engagements have included negotiating resolutions with the World Bank and aiding clients in myriad post-settlement interactions with the Bank. In addition to the World Bank Group matters, Mr. Diamant has worked on behalf of clients to deal with the enforcement functions of other multilateral development banks.

Representative public engagements handled by Mr. Diamant include the following:

• Representing Petróleo Brasileiro S.A. – Petrobras before the SEC and DOJ in their FCPA investigations and successfully negotiating resolutions to both investigations (2014–18);
• Representing MTS Systems before the FCPA Units of the SEC and DOJ and securing a written declination from both to conclude their long-running investigations (2017);
• Representing Mead Johnson Nutrition during FCPA investigations by the SEC and DOJ, reaching an SEC resolution and obtaining a DOJ declination (2013–15);
• Serving as post-resolution counsel to Daimler AG during its FCPA monitorship (2010–13);
• Representing ARINC before the World Bank’s Integrity Vice Presidency and securing a negotiated resolution of that investigation (2011–12);
• Helping to lead the compliance monitorship for Siemens AG, pursuant to the then largest-ever FCPA resolution with the SEC and DOJ (2009–12);
• Helping to lead the FCPA compliance monitorship for Statoil ASA, the first non-U.S. organization to receive an FCPA monitor pursuant to enforcement actions by the SEC and DOJ (2007–09);
• Representing St. Jude Medical before the SEC in its Oil-for-Food investigation, which resulted in the SEC declining to bring an enforcement action (2005–07).

Mr. Diamant writes and speaks on issues of anti-corruption compliance and enforcement, and related topics. In 2014, Mr. Diamant authored, with his colleagues F. Joseph Warin and Elizabeth Goergen Silver, Bloomberg BNA’s Securities Practice Series Portfolio No. 285, The U.S. Foreign Corrupt Practices Act: Enforcement and Compliance. They published its third edition in 2018.

Mr. Diamant’s academic publications include the following:

• “FCPA Enforcement Against U.S. and Non- U.S. Companies,” 8 Mich. Bus. & Entrepreneurial L. Rev. 363 (2019) (with Christopher Sullivan and Jason Smith);
• “Corporate Monitors and the Monitorship Process” in From ‘Baksheesh’ to Bribery: Examining the Global Fight Against Corruption and Graft (T. Markus Funk & Andrew S. Boutros eds., Oxford UP 2019) (with F. Joseph Warin and Christopher Sullivan);
• “Sanctionable Practices at the World Bank: Interpretation and Enforcement,” 18 U. Pa. J. Bus. L. 985 (2016) (with Christopher Sullivan and Jason Smith);
• “Don’t You Forget About Me: The Continuing Viability of the FCPA’s Facilitating Payments Exception,” 73 Ohio St. L.J. Furthermore 19 (2012) (with Jesenka Mrdjenovic);
• “Hot off the Press: Resetting the Global Anti-Corruption Thermostat to the U.K. Bribery Act,” 12 Bus. L. Int’l 257 (2011) (with Lee G. Dunst and Teresa R. Kung);
• “Somebody’s Watching Me: FCPA Monitorships and How They Can Work Better,” 13 U. Pa. J. Bus. L. 321 (2011) (with F. Joseph Warin and Veronica S. Root);
• “The British Are Coming!: Britain Changes Its Law on Foreign Bribery and Joins the International Fight Against Corruption,” 46 Tex. Int’l. L.J. 1 (2010) (with F. Joseph Warin and Lord Charles Falconer); and
• “FCPA Compliance in China and the Gifts and Hospitality Challenge,” 5 Va. L. & Bus. Rev. 33 (2010) (with F. Joseph Warin and Jill M. Pfenning).

Mr. Diamant’s notable professional publications include the following:

• “All in the Nuance: Corporate NPA and DPA,” International Financial Law Review (March 2018) (with F. Joseph Warin and Melissa Farrar);
• “2015 Mid-Year Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs),” Wall Street Lawyer (August 2015) (with F. Joseph Warin and Melissa Farrar);
• “2014 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements,” Securities Regulation & Law Report, 47 SRLR 332 (February 16, 2015) (with F. Joseph Warin and Melissa Farrar);
• “Learning the Hard Way: Ethics and Compliance Program Lessons Gleaned From Recent U.S. Resolution Agreements,” Corporate Law & Accountability Report, 12 CARE 32 (August 8, 2014) (with Peter E. Jaffe);
• “How To Use Company Data Efficiently To Detect Fraud And Corruption,” Financier Worldwide (August 2013) (with F. Joseph Warin and Oleh Vretsona);
• “Decoding FCPA Enforcement: The U.S. Government Issues Comprehensive Guidance on the Foreign Corrupt Practices Act,” Insights: The Corporate and Securities Law Advisor (Vol. 26; December 2012) (with F. Joseph Warin and Christopher Sullivan);
• “FCPA + Travel Act: Double trouble?” CNBC Moneycontrol (April 3, 2012) (with Brendon Fleming); and
• “Use of ‘Conscious Avoidance’ Doctrine in Frederic Bourke Conviction Expands Corporate Executives’ FCPA Exposure,” Securities Docket (July 22, 2009) (with F. Joseph Warin and Matthew P. Hampton).

Mr. Diamant’s speaking engagements include the following:

• “How to Develop Global Compliance Programs” (Washington, D.C.; September 2019), White Collar Crime Workshop cosponsored by Shinshu University & the Embassy of Japan;
• “DOJ & SEC Enforcement Priorities Under the Trump Administration” (Arlington, Virginia; May 2018), Retail Industry Leaders Association (RILA) Compliance Council Meeting;
• “FCPA M&A: Identifying and Mitigating Anti-Corruption Risk in Cross-Border Transactions” (May 2018), Gibson Dunn Webcast;
• “Environmental Crimes Enforcement” (San Diego, California; February 2018), The American Bar Association’s 32nd Annual National Institute on White Collar Crime;
• “Conflicts of Interest, Corruption and Compliance Risks” (New York City; October 2017), Practising Law Institute’s Advanced Compliance and Ethics Workshop 2017;
• “Anti-Corruption Statutes and Legal Ethics” (Washington, D.C.; October 2017), 6th Annual Hotel & Lodging Legal Summit at Georgetown University Law Center;
• “World Bank Sanctions: Defense Perspective” (Washington, D.C.; June 2017), guest lecture at American University Law School;
• “DOJ’s Evaluation of Corporate Compliance Programs” (Arlington, Virginia; May 2017), Retail Industry Leaders Association (RILA) Compliance Council Meeting;
• “Reaching Transparency: Tax and Anticorruption Regulations in Brazil-USA Transactions” (New York City; March 2017), Brazilian Legal Society at New York University School of Law conference: “What Lies Behind: A Legal and Economic Analysis of Brazil’s Future”;
• “Anti-Corruption Compliance in China: Minimizing FCPA and Chinese Anti-Bribery Law Violations” (January 2017), Strafford Publications Webinar;
• “Developments in International Anti-Corruption Efforts” (December 2016), Practising Law Institute Webinar;
• “World Bank Sanctions: Defense Perspective” (Washington, D.C.; June 2016), guest lecture at American University Law School;
• “Corruption Risks” (New York City; October 2015), Practising Law Institute’s Advanced Compliance and Ethics Workshop 2015;
• “Crisis Management Strategies in Action” (McLean, Virginia; October 2015), Association of Corporate Counsel National Capital Region Government Contractors Forum;
• “The U.S. Foreign Corrupt Practices Act: Enforcement and Compliance” (October 2015), Bloomberg BNA Webinar;
• “Current Anti-Corruption Enforcement Trends in China” (September 2015), Clear Law Institute Webinar;
• “Beyond the Petrobras Headlines: Anti-Corruption Risks and Economic Implications for Business in Brazil” (Washington, D.C.; July 2015), American Conference Institute’s 6^th Global Forum on Anti-Corruption Compliance in High Risk Markets;
• “FCPA in China in 2015” (May 2015), Clear Law Institute Webinar;
• “FCPA 101” (April 2015), Practising Law Institute Webinar;
• “Learning the Hard Way: Lessons from Recent Deferred Prosecution Agreements, Non-Prosecution Agreements, and Consent Agreements” (Dallas, Texas; March 2015), Ethics and Compliance Officer Association’s 23^rd Annual Ethics & Compliance Conference;
• “Developments in FCPA and International Anti-Corruption Enforcement” (Washington, D.C.; March 2015), 2015 Multilateral Development Bank Private Sector Integrity Meeting hosted by the International Finance Corporation;
• Participated in FCPA panel discussion at Georgetown University Law Center (Washington, D.C.; January 2015);
• Moderated symposium session at the Latin Lawyer 2nd Annual Anti-Corruption & Investigations Conference (São Paulo, Brazil; October 2014);
• “FCPA in China for 2014: Compliance Strategies Given China’s Unique Cultural and Governmental Intricacies” (July 2014), Strafford Publications Webinar;
• “FCPA Enforcement Trends & Developments” (Oslo, Norway; June 2014), Anti-Corruption Conference hosted by Advokatfirmaet Selmer DA;
• “Learning the Hard Way: Ethics and Compliance Program Lessons Gleaned from Recent U.S. Resolution Agreements,” paper presented at Transforming Compliance: An Emerging Paradigm for Boards, Management, Compliance Officers and Government (Arlington, Virginia; May 2014), RAND Corporation symposium;
• “World Bank Sanctions and Enforcement: Why You Need to Be Prepared” (May 2014), Gibson Dunn Webcast;
• “Developing and Maintaining a Global ABAC Program” (Washington, D.C.; April 2014), American Leaders’ Anti-Corruption Compliance in Practice conference;
• “Advanced Compliance Strategies for Updating Your Global Corporate Compliance Program To Keep Pace With New And Emerging Corruption And Bribery Legislation In Asia, Africa and South America” (Washington, D.C.; March 2014), Momentum’s 2nd Annual Global Anti-Corruption Congress;
• Georgetown Law’s National Security Law Society Series on National Security Law in Private Practice, Part Three, the U.S. Foreign Corrupt Practices Act (Washington, D.C.; March 2014);
• “Regulatory Expectations – Understanding What the MDBs, UK SFO, US SEC, and US DOJ Expect from Your Anti-Corruption Compliance Program” (Dubai, United Arab Emirates; February 2014), American Conference Institute’s 5th Middle East Summit on Anti-Corruption;
• “FCPA Due Diligence in Mergers & Acquisitions” (December 2013), Strafford Publications Webinar;
• “FCPA Declinations: What You Need to Know When Things Go Wrong” (November 2013), PricewaterhouseCoopers Webcast;
• “Effective Compliance Risk Assessment: Getting the Most from Your Program” (New York City; October 2013), Practising Law Institute’s Advanced Compliance and Ethics Workshop 2013;
• “Anti-Corruption Investigations – Putting Theory into Practice” (McLean, Virginia; October 2013), interactive workshop sponsored by the Washington Metropolitan Area Corporate Counsel Association (WMACCA);
• “Anti-Corruption Enforcement in China” (July 2013), Business Development Academy Webinar;
• “Proactively Educating and Interacting With Your Board of Directors on Anti-Corruption and Anti-Bribery Risks, Mitigation, and Remediation” (Chicago, Illinois; June 2013), American Conference Institute’s Chicago FCPA Boot Camp;
• “Trends in Suspension and Debarment” (April 2013), Gibson Dunn Webcast;
• “Anti-Corruption Enforcement in China on the Rise: Minimizing Risk of FCPA and Chinese Law Violations and Responding to Investigations” (March 2013), Strafford Publications Webinar;
• “FCPA Due Diligence in Mergers and Acquisitions: Assessing and Mitigating Pre-Closing Risks and Implementing Post-Closing Protection Strategies” (October 2012), Strafford Publications Webinar;
• “Recent Developments in FCPA and International Anti-Corruption Enforcement and Compliance” (February 2012), Securities Docket Webcast;
• “Anti-Corruption Enforcement and Compliance Update” (September 2011), Securities Docket Webcast;
• “Developing an Effective Compliance and Ethics Program” (McLean, Virginia; May 2011), 2011 Conference on Sarbanes-Oxley 404;
• “The Cost of Corruption and the Foreign Corrupt Practices Act in Brazil, Russia, & China” (Baltimore, Maryland; May 2011), BRIC Business Outlook Conference, sponsored by the U.S. Department of Commerce;
• “Global Anti-Corruption Enforcement and Compliance – 2010 Year in Review” (January 2011), Securities Docket Webcast;
• “Understanding the FCPA: Producing a Valuable Compliance Standard” (New York City; November 2010), Complinet’s 4th Annual New York Customer Summit;
• “FCPA Compliance: Third Party Due Diligence – Minimizing Corruption Risks When Using Foreign Agents, Distributors and Other Intermediaries” (August 2010), Strafford Publications Webcast;
• “Recent Developments – International Anti-Corruption Compliance” (Washington, D.C.; July 2010), presentation to the Global Business Interest Group of the Ethics & Compliance Officer Association;
• “FCPA & Bribery: Avoiding Pitfalls in China” (Baltimore, Maryland; June 2010), presenter at ExporTech China conference, sponsored by the U.S. Department of Commerce;
• “An Overview of the Foreign Corrupt Practices Act” (Washington, D.C.; April 2010), guest lecture at the George Washington University School of Business;
• “Corruption Crackdown: The FCPA and Recent Enforcement Trends” (Oslo, Norway; November 2009), hosted by PricewaterhouseCoopers; and
• “Doing Business Internationally: Minimizing FCPA Risk Exposure” (McLean, Virginia; May 2008).

Mr. Diamant clerked for the Honorable Fortunato P. Benavides of the U.S. Court of Appeals for the Fifth Circuit. He is a 2003 magna cum laude graduate of the Georgetown University Law Center, where he was inducted into the Order of the Coif. At Georgetown, he served as Senior Articles & Notes Editor of the American Criminal Law Review and authored the article on the False Claims Act for the Seventeenth Survey of White Collar Crime, 39 Am. Crim. L. Rev. 491 (2002). In 2000, Mr. Diamant received his Bachelor of Science in Foreign Service magna cum laude from Georgetown’s Walsh School of Foreign Service, where he was elected to Phi Beta Kappa.