• Daniel Bookin
      Two Embarcadero Center, 28th Floor
      San Francisco, CA, 94111-3823
      Phone: +1-415-984-8786
      Fax: +1-415-984-8701
  • Steve Bunnell
      1625 Eye Street, NW
      Washington, DC, 20006
      Phone: +1-202-383-5321
      Fax: +1-202-383-5414
  • Sharon M. Bunzel
      Two Embarcadero Center, 28th Floor
      San Francisco, CA, 94111-3823
      Phone: +1-415-984-8939
      Fax: +1-415-984-8701
  • David Deaton
      400 South Hope Street
      Los Angeles, CA, 90071
      Phone: +1-213-430-6191
      Fax: +1-213-430-6407
  • Andrew J. Geist
      Times Square Tower
      7 Times Square
      New York, NY, 10036
      Phone: +1-212-326-2207
      Fax: +1-212-326-2061
  • Richard Grime
      1625 Eye Street, NW
      Washington, DC, 20006
      Phone: +1-202-383-5178
      Fax: +1-202-383-5414
  • Howard E. Heiss
      Times Square Tower
      7 Times Square
      New York, NY, 10036
      Phone: +1-212-326-2116
      Fax: +1-212-326-2061
  • Carolyn Kubota
      400 South Hope Street
      Los Angeles, CA, 90071
      Phone: +1-213-430-6353
      Fax: +1-213-430-6407
  • Jeremy Maltby
      400 South Hope Street
      Los Angeles, CA, 90071
      Phone: +1-213-430-8373
      Fax: +1-213-430-6407
  • Steve Olson
      400 South Hope Street
      Los Angeles, CA, 90071
      Phone: +1-213-430-7855
      Fax: +1-213-430-6407
  • Mark Racanelli
      Times Square Tower
      7 Times Square
      New York, NY, 10036
      Phone: +1-212-326-4403
      Fax: +1-212-326-2061
  • Jonathan Rosenberg
      Times Square Tower
      7 Times Square
      New York, NY, 10036
      Phone: +1-212-408-2409
      Fax: +1-212-326-2061
  • Dan Shallman
      400 South Hope Street
      Los Angeles, CA, 90071
      Phone: +1-213-430-6143
      Fax: +1-213-430-6407
  • Michael Tubach
      Two Embarcadero Center, 28th Floor
      San Francisco, CA, 94111-3823
      Phone: +1-415-984-8876
      Fax: +1-415-984-8701
  • Kenneth L. Wainstein
      1625 Eye Street, NW
      Washington, DC, 20006
      Phone: +1-202-383-5118
      Fax: +1-202-383-5414
PROFESSIONALS

  • Advanced Marketing Services, Inc.
    Alvarado Hospital Medical Center
    BP Amoco
    Denise Woo
    Frank Bergonzi
    Hynix Semiconductor Inc.
    Mercury Interactive
    Novartis Vaccines and Diagnostics, Inc.
    Randall “Duke” Cunningham
    SeraCare Life Sciences, Inc.
    Vitesse Semiconductor, Inc.
    Western Digital Corporation

White Collar Defense and Corporate Investigations

In the wake of Sarbanes-Oxley and other recent legislation, enforcement authorities at the state, national, and multinational levels are cooperating with each other to open civil and criminal investigations and to bring prosecutions at an unprecedented rate. Simultaneously, fighting corruption is a top priority on the agendas of enforcement authorities worldwide. This global crackdown is part of a broader push for greater transparency and accountability in corporate boardrooms and government offices, and it requires a global network of experienced and talented professionals to defend client interests properly.

O’Melveny’s White Collar Defense and Corporate Investigations practice successfully guides clients under heightened regulatory scrutiny with more than 100 lawyers in offices across the United States, Europe, and Asia. Our lawyers defend against a range of securities, regulatory, and misconduct claims, representing companies, audit committees, directors, and corporate officers in high-stakes government investigations. In the courtroom, we have continued a tradition of excellence by representing institutions and individuals of the business and political community in high-profile trials. Our recent victory for a former senior executive of WR Grace—which has been described by environmental law authorities as the biggest environmental crimes trial in history—aptly demonstrates our trial achievements.

Key Facts

  • O'Melveny's Government Investigations Practice Ranks #1 Among California General Counsel, according to GC California magazine's inaugural Preferred Counsel Poll (December 2008).
  • Throughout their careers, our lawyers have tried more than 200 criminal and civil cases to judgment or verdict in federal and state courts throughout the United States. Our advocacy skills have also led to victories in proceedings before arbitration tribunals and governmental agencies in Europe and Asia.
  • Our team includes former high-ranking members of the US Department of Justice and the US Securities and Exchange Commission, who provide clients with invaluable insight into governmental decision-making processes.
  • Clients seeking to enhance their risk management practices rely on our US Foreign Corrupt Practices Act handbook, first published in 1992 and now in its 6th edition.
  • Securities Law 360 called our White Collar Defense and Corporate Investigations practice a “one-stop-shop for white collar defendants.”
  • Chambers USA (2008) features four of our white collar lawyers in its guidebook America’s Leading Lawyers for Business.
  • The Best Lawyers in America (2008) features four of our white collar lawyers in its annual rankings guidebook.

Practice Strengths

  • Criminal Antitrust Litigation

    • With increasing regularity, antitrust authorities in various countries conduct coordinated international investigations. O’Melveny’s antitrust lawyers have experience in criminal matters and in dealing with competition regulators worldwide. Our team secured a favorable plea agreement on behalf of a semiconductor supplier, which had become ensnared in an industry-wide criminal antitrust investigation conducted by the US Department of Justice for alleged price-fixing violations. We simultaneously prepared for trial while developing and pursuing a strategy for settlement negotiations with the government.
  • Criminal Environmental Litigation

    • Our team has considerable experience counseling clients accused of violating laws regarding hazardous waste disposal, the US Clean Air Act, and the US Clean Water Act, among others. We have achieved successful settlements with the US Environmental Protection Agency through voluntary disclosures and have convinced the US Department of Justice to close criminal inquiries without bringing charges. For example, we obtained favorable resolutions of multiple statewide investigations brought against BP Amoco arising from alleged non-compliance with environmental laws regulating underground storage tanks for retail gas stations. We are also assisting clients with several ongoing federal grand jury investigations.
  • Foreign Corrupt Practices Act

    • We regularly counsel clients on the US Foreign Corrupt Practices Act. Much of our work involves conducting internal investigations and pre-acquisition due diligence, structuring and revising compliance programs, and providing training. We also provide advice on how to comply with the Act’s anti-bribery provisions as well as its recordkeeping requirements. For example, we represented Diagnostic Products Corporation in its internal investigation and eventual criminal and civil settlements with the DOJ and SEC for FCPA violations in China.  More
  • Health Care Enforcement

    • Our lawyers regularly represent hospitals, pharmaceutical and biological manufacturers, medical supply and device manufacturers, doctors and other health care providers in governmental investigations into alleged violations of the health care fraud and abuse laws and understand the enforcement climate well. For example, we represented a major hospital chain in a False Claims Act lawsuit that involved an alleged improper billing for use of x-ray equipment. We obtained a dismissal with prejudice.
  • Internal Investigations

    • Internal investigations are essential in uncovering possible wrongdoing and restoring corporate integrity. Directors who fail to act bring risk to themselves and the companies they serve. We have conducted thorough investigations and suggested remedial actions for audit committees, special board committees, and independent directors. We are representing the audit committee of a multi-billion-dollar computer networking company in an investigation regarding revenue recognition issues in its Asia Pacific operations. Also, a retail company hired us to investigate allegations of irregular accounting practices relating to the company’s tracking and reporting of inventory and accounting for vendor allowances.
  • Multi-Front Litigation

    • We have helped numerous clients defend against highly publicized multi-front litigation onslaughts from criminal, regulatory, and administrative agencies, civil litigants, and US congressional committees. To succeed, we coordinate across our worldwide offices and work with media relations professionals on proper messaging for the press. For example, we represented Advanced Marketing Services on multiple fronts after the company announced that it would restate five years of financial statements due to accounting issues, including a federal securities class action, federal and state derivative actions, and investigations by the DOJ and the SEC.
  • Stock-Option Backdating

    • With the publication of “The Perfect Payday” in The Wall Street Journal in March 2006, options backdating became front-page news and a new wave of lawsuits arose against public corporations, their executives, boards, and advisors. We have been deeply involved in representing numerous major companies, officers, and directors in these options investigations and lawsuits. With our representation of Mercury Interactive beginning in June 2005—one of the seminal stock option backdating cases—we have been at the forefront of this unmapped territory. We have since represented numerous special committees, audit committees, companies and executives in connection with stock option related internal investigations, governmental investigations and shareholder and derivative actions, including Vitesse Semiconductor and Western Digital Corporation.

Jack Wolter Contessa Premium Foods Embarcadero Technologies Schnitzer Steel Industries, Inc. Alvarado Hospital Medical Center Frank Agrama
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