Litigation: White-Collar Crime & Government Investigations: California
 

Litigation: White-Collar Crime & Government Investigations: California

THE FIRM This nationally recognized firm boasts a number of the state's best-known white-collar lawyers. The group handles all white-collar matters including FCPA, antitrust, backdating and also a number of internal investigations. Best known for their representation of individuals, the team represented Charles Wilk, who was charged with multiple counts of criminal tax fraud. The firm was successful in achieving a significant reduction in the scope of the US Attorney's Office's case. On the government investigation side, the firm is currently acting on behalf of Lance Armstrong in federal investigation concerning allegations of doping. The firm established a name for itself in this type of defense through its success in the MLBPA case.

Sources say: "An absolutely terrific firm, some of the best trial lawyers I've ever seen."

KEY INDIVIDUALS  John Keker has a pre-eminent reputation in the white-collar world as an "outstanding trial lawyer, a real leader and role model." He is involved in some of the most high-profile cases currently active, including the representation of Dr. Alan Mendelsohn, who the US Department of Justice (DOJ) charged with over 30 counts of corruption and fraud. Keker was successful in negotiating an agreement that resulted in Mendelsohn pleading to just one conspiracy charge. He is also leading on the work for Lance Armstrong.

Jan Nielsen Little continues to shine in her accomplished white-collar criminal practice. She recently acted alongside John Keker on the cases for Charles Wilk and Alan Mendelsohn.

Elliot Peters is a strong advocate and a thoughtful defender of his clients. He is currently working on the Armstrong case alongside John Keker and is involved in the defense of criminal backdating allegations. 

THE FIRM This firm is best known for its representation of corporations and boards in matters ranging from SEC filing disputes to FCPA and FCA allegations. The firm has also taken on a number of cases for high-profile individuals including John Larson and Carl Jasper, whose cases the firm has taken to trial. Latham's broad strengths are highlighted by its representation of the City of Vernon in a case fought on multiple fronts on a legally and politically charged case with the city's status at stake; Latham's team helped defeat the efforts to disband the city and is continuing to defend its administration against allegations of corruption.

Sources say: "A very bright and capable firm." "Responsive and thorough."

KEY INDIVIDUALS  Steven Bauer is "an esteemed gentleman" and "phenomenal lawyer" who also comes highly praised for his team management skills. Bauer is defending John Larson in the KPMG tax-advantage prosecution. The case is among the largest tax cases in criminal history.

David Schindler is a heavyweight trial lawyer noted for being terrific on his feet. Of note has been Schindler's work for the late Danny Pang and his estate, in proceedings against the well known former CEO and Chairman. He is also a leader on the team advising the City of Vernon on the aforementioned matters. 

THE FIRM This widely respected team, which includes over a dozen former DOJ employees, is well-placed to advise companies, officers and individuals on government prosecutions at pre-charge stages and, if necessary, at trial. The team is able to handle matters in courts throughout the country and is called in to advise on a variety of sensitive cases.

Sources say: "Their lawyers are smart, hard-working and great at trial."

KEY INDIVIDUALS  Brad Brian is tremendously respected by peers, one of whom stated: "If I can't handle a case, he's my first choice to look to." He has extensive experience representing companies subject to white-collar charges and investigations. Alongside that enviable practice, Brian has forged a reputation for his work in legal malpractice claims.

Sources "think the world of" John Spiegel, a former United Sates Supreme Court clerk who combines truly in-depth legal understanding with an outstanding appreciation of the business sensitivities with which his clients are faced.

Bart Williams has a comprehensive practice covering white-collar, civil litigation and internal investigations. His past work has also included professional negligence defense.

THE FIRM This firm has a strong plaintiff's practice in fraud claims against financial services entities and also defends individuals and companies in specialist areas of white-collar prosecution, like FCPA and FCA. The depth of the firm allows it to advise on the most technical and complex of matters. Work on behalf of Johnson & Johnson in an off-label marketing case saw charges filed by the government seeking damages of over $1 billion in relation to the promotion of drug Natrecor. The team comprising several California-based lawyers secured a favorable resolution resulting in no charges being filed against any officers of employees and a simple misdemeanor charge against its subsidiary only.

Sources say: "Very intelligent and pragmatic, able to think outside the box, they bring logic and reason to an otherwise emotionally charged situation."

KEY INDIVIDUALS  James Asperger has an "incredible grasp of the law, is very intelligent and a very good manager - he keeps everyone organized." He is currently active on behalf of Home Depot, defending an action brought by various government agencies alleging violation of environmental statutes and codes resulting in a potential penalty claim of $400 million.

John Potter is handling the defense of the chairman of RINO International, a Chinese company that is under SEC investigation and facing related class actions following a report on RINO issued by a third-party organization.

THE FIRM This firm handles a broad range of white-collar defense work including FCPA and FCA prosecutions and has an established record in dealing with SEC investigations and prosecutions. The team received widespread praise and attention for its work in U.S. v Ruehle on behalf of the former general counsel of Broadcom, William Ruehle. All related civil actions were recently settled without any monetary contribution from Ruehle. The firm also secured the dismissal of a $100 million civil suit filed against KPMG.

Sources say: "I would enthusiastically recommend them to anyone facing a difficult legal challenge. They all shared the incredible Skadden work ethic and the strong belief in their client."

KEY INDIVIDUALS  Richard Marmaro is able to "assess complex cases and quickly derive the essence of the legal matters at play before devising a strategic direction." He handles both individual and corporate defense in a variety of white-collar investigations and charges. Clients not only laud him as an individual performer, but enthuse about the fine example he sets for the team, which mirrors Marmaro in its dedication and intellectual rigor.

Allen Ruby is cited as "absolutely one of the most creative and instinctive lawyers I have ever met - I bring him on a case because I need someone who I have confidence in to get me where I need to go. He's the guy you go to when you're going to end up at trial and need someone who can not only see ahead, but around the corner as well."

Jack Dicanio is a premiere white-collar lawyer and someone who is "great at formulating all the arguments likely to be used by the opposition." Dicanio also worked on the Broadcom matter and has been instrumental on behalf of KPMG in a variety of matters. He has a growing FCPA practice and recently handled an investigation for two Japan Gas Company executives, resulting in no charges or penalties against either.

THE FIRM This firm has an impressive white-collar practice best known for its representation of individuals. The group handles investigations and prosecutions with various agencies including DOJ and SEC on a national basis. The team has been especially active advising on FCPA matters and has undertaken truly groundbreaking work in that space recently. 

Sources say: "A terrific firm with a premiere practice in Los Angeles."

KEY INDIVIDUALS  John Vandevelde is a seasoned litigator who has tremendous breadth of expertise. Sources says he is "a superb lawyer and extraordinarily committed to his clients." "He has excellent judgment and terrific credibility; a dean of the white-collar Bar - when he tells you something, you take it seriously."

Janet Levine works tirelessly on behalf of clients and sources say she "understands how to assess a case and what is important and not to prosecutors." She brings tenacity and dedication to her representations and peers warn not to "make the mistake of underestimating her; she fights for her clients and will steamroll the opposition when necessary. She's someone you want on your speed dial."

Jeffrey Rutherford is a partner who is establishing a respected white-collar practice. Peers comment that he is "a judge's dream; persistent with his points, but not overbearing, he knows his case and is on top of the law." He often defends against fraud, money laundering and other white-collar charges.

THE FIRM This firm has one of the state's most formidable litigation teams and its white-collar division is no exception to Gibson's quality rule. The team is known for its outstanding expertise in FCPA matters and also routinely handles SEC, FCA and DOJ prosecutions mainly on behalf of companies. The team advises some of the world's leading public companies on sensitive internal compliance efforts and its coverage reaches all the way down to individuals, who turn to the firm for advice on government investigations.

Sources say: "We work with them because of their strong expertise and background in FCPA matters. Very early on we were impressed with their responsiveness, legal judgment and ability to view the issue from the perspective of the board and shareholders."

KEY INDIVIDUALS  Nicola Hanna is a former prosecutor turned white-collar defense attorney bearing a wealth of experience from both sides of the fence. Client like him for his "phenomenal client service and his willingness to drop everything when we need him most. He has the loveliest demeanor and is very patient, calm and a quick study." He is seen as a leading expert in FCPA defense and the majority of his practice is occupied by this work.

According to peers Debra Wong Yang is "really making waves" at the Californian white-collar Bar. Her practice focuses upon FCPA work and clients particularly appreciate her "expertise, responsiveness and ability to understand the law in a practical business approach and application."

THE FIRM This firm is called upon to deal with the most serious SEC and DOJ prosecutions on behalf of individuals facing far-reaching allegations. The group has made a name for itself in not making a name for itself, removing clients from prosecution before charges are even filed. In a more public realm, the team handled a number of cases on behalf of Angelo Mozilo, the founder and former chairman of Countrywide Financial in civil and criminal matters. Other work involves the successful dismissal of charges lodged against Larry Grissom alleging mail fraud.

Sources say: "The staffing and fees are excellent, they have great associates that know everything about the case, I was amazed at how involved they were in the case. They haven't missed a beat, I would definitely use them again."

KEY INDIVIDUALS  "Creative thinker and problem solver" Brian Hennigan is cited as a terrific lawyer because of his "great ability to communicate with judges and juries" and "his encyclopedic knowledge of the law." Hennigan's practice has a growing FCPA element and he has an impressive track record in dealing with investigations and protecting clients from charge or prosecution. Currently he is also engaged on a number of FCA, insider trading and tax matters.

Sources are universally effusive in their praise of John Hueston, a "stand-out, first-rate" lawyer. His work alongside Brian Hennigan has led people to refer to them as the dynamic duo, with both complementing the other in terms of style and knowledge. He is the lead lawyer on behalf of Angelo Mozilo and frequently deals with allegations of fraud and regulatory violations. One client sums him up: "When there's a lot riding on it, he's who I'd want in my corner."

THE FIRM This firm handles investigation and defense work on behalf of corporations and individuals and is able to call upon broad support to handle complex matters on a nationwide and international basis. The firm has an extensive FCA and FCPA practice and is expert in guiding its clients towards advantageous settlements. The group is frequently hired to work alongside high-profile individuals or on cases with an international element.

Sources say: "The long story short is that the company was very much at risk of a federal indictment and we were saved by Jones Day."

KEY INDIVIDUALS  Brian Sun has a truly commercial white-collar practice which recently included the dismissal of conspiracy and money laundering charges for a major Chinese corporate client. He also advised a grocery chain on civil and criminal charges involving allegedly mislabeled foods. 

Robert Brewer has a broad legal practice that crosses civil and criminal borders and is best known for over three decades of white-collar expertise. Brewer's clients look to him for his guidance on issues like the FCPA, government contractor relationships and commercial fraud.

THE FIRM This firm is hugely experienced in internal investigations and in dealing with investigations initiated by the SEC and DOJ. The team advises an impressive range of international clients on FCPA and antitrust matters. Recent highlights have included a novel insider trading case and advice to major athletic teams on issues like federal doping investigations and embezzlement.

Sources say: "Great lawyers with a real depth in San Francisco."

KEY INDIVIDUALS  Daniel Bookin defends both companies and director-level individuals against government investigation and prosecutions. Two key areas of his practice are financial fraud and FCPA matters; his clients include a number of banks and investment funds.

Michael Tubach has a deep base of trial experience; he is best known for his work in the field of antitrust and for hi-tech industry clients. His primary focus lies in white-collar defense; however he also deals with commercial disputes ranging from product liability to breach of contract.

THE FIRM This firm has five offices across the state and 11 partners dedicated to white-collar practice, including a former US Attorney and past government prosecutors, who provide the team with a wealth of experience and industry know-how. The firm is highly proficient in the representation of officers and executives and has seen action following SEC and DOJ prosecutions and investigations into an array of issues including antitrust, securities filings, FCPA and alleged frauds. One of the team's most high-profile representations has been its work on behalf of David Sambol, obtaining dismissals and settlements of a variety of actions brought against the former Countrywide president and COO.

Sources say: "They did a great job, practical and very good at the business side of litigation."

KEY INDIVIDUALS  Walt Brown is described as an "excellent strategist and litigator; he rates ten out of ten for securities fraud and FCPA matters." Peers are further impressed by his tenacity and creativity and remark that "he is better to have with you than against you." He is presently leading the team advising David Sambol.

Mark Beck is well known throughout the state and has earned a deserved reputation for his white-collar defense. He has an expansive white-collar practice and in 2011 orchestrated the successful resolution to three lengthy litigations regarding alleged false billing against PR firm Flieshmann Hillard.

THE FIRM This litigation boutique has a respected white-collar defense practice covering both corporate compliance monitoring and internal investigations. The experienced group represents clients in a range of fraud and other violations of SEC-brought claims.

Sources say: "One of the great things about the firm is the quality of their partners and associates; even though it is a small firm it is exceptional in quality."

KEY INDIVIDUALS  Michael Proctor is the co-chair of white collar within the firm and is a heavy-hitting lawyer whose practice encompasses RICO, SEC and fraud actions. He is best known for his work in the white-collar securities world.

THE FIRM This firm has a strong white-collar and internal investigations practice driven by the quality and firepower within this compact team. Focusing primarily upon DOJ and SEC-related work, the group is frequently found handling cases of fraud, money laundering, FCPA and Sarbanes-Oxley issues. Recently the firm handled a high volume of cases involving allegations of backdating and insider trading.

Sources say: "They are maturing into a sophisticated practice; an excellent firm in terms of their skillset."

KEY INDIVIDUALS  Douglas Young is highly respected in the white-collar world and his practice covers investigations, trial and appeals. Described as "terrific" and "fabulous," he is currently engaged in the defense of the DOJ and SEC cases US/SEC v Abrams involving allegations of tax evasion and backdating. While issues of this sort are familiar territory for Young, his practice also covers criminal allegations in the arenas of antitrust and FCPA.

THE FIRM This national firm has offices in Silicon Valley, San Francisco and Los Angeles and offers a bench of over 40 practice members across the state. The group handles a good deal of FCPA and FCA work, but also leverages off its healthcare presence, frequently handling cases with a healthcare or life sciences element. Recent work on behalf of Caremark saw the successful resolution of a whistle-blower suit alleging a $100 million fraud, which was settled on the eve of trial.

Sources say: "They are very, very aware and their technical knowledge and legal expertise is excellent. They have good business acumen and are good with non-lawyers."

KEY INDIVIDUALS Pamela Johnston comes recommended as a key practice contact.

THE FIRM This firm has received widespread recognition for its vigorous defense of Dr. Henry Samueli in a criminal case that alleged the Broadcom co-founder had been involved in options backdating, which was dismissed in its entirety by the court. The firm handles both individual and corporate representations, with real talent in healthcare, antitrust and FCA cases.

Sources say: "A quality firm doing quality work."

KEY INDIVIDUALS  Gordon Greenberg is touted as a "top guy in town; a very high-end white-collar lawyer." His defense of individuals is renowned throughout the state; particularly after his notable win for Samueli, defeating the SEC and DOJ backdating case. His repertoire of cases covers a wide range of white-collar matters, but lately a key strength has emerged in dealing with forfeiture cases.

Former federal prosecutor Russell Hayman is hailed as "phenomenal, without a doubt." He concentrates on FCPA and securities within the white-collar sector, but also handles life science and healthcare litigation.

THE FIRM This streamlined firm punches above its weight in terms of the quality of its representation. With an emphasis on FCPA work, the firm's defense of Angela Aguilar on bribery charges resulted in a direct acquittal on one count of the indictment. The department's work in this sphere also involves the defense of Jeffrey Burum on a case concerning alleged conspiracy, bribery and extortion.

Sources say: "A top-flight, high-class group of people, I think they are terrific."

KEY INDIVIDUALS  Terree Bowers earned a strong reputation from his time in the US Attorney's office. He has continued his enviable legal career in private practice with clients referring to him as an "excellent defender and a straightforward guy with a very high success rate. He's aggressive and won't extend litigation longer than he needs to."

THE FIRM The Kasowitz team is well-equipped to advise clients, thanks to a talented bench that includes former employees of the US Attorney's office, state prosecutors and federal public defenders. The firm acts on investigations and at trial and appeal. Among the firm's recent highlights is its ongoing representation of Kauai Island Utility Cooperative against DOJ allegations of Endangered Species Act violations.

KEY INDIVIDUALS  William Goodman has a premium reputation enhanced by a long list of notable wins. An experienced defender, Goodman has an impressive depth of knowledge in fraud cases and also recently advised three real estate developers in a grand jury investigation regard subprime lending.

Mark Topel has an outstanding number of jury trials under his belt. Accordingly he has a vast level of expertise in criminal defense and represents both corporate and individual defendants on allegations regarding regulatory, fraud and securities issues.

Litigation: Specialist Firms in White-Collar Crime & Government Investigations: California

THE FIRM This firm is synonymous with excellence in white-collar defense, known throughout California as a go-to boutique when the government comes knocking with allegations of a serious nature. The firm is praised for its superlative defense of individuals and has advised on an impressive, comprehensive array of work, lately including FCPA, antitrust and insider trading matters. 

Sources say: "Very solid; they aren't big firm lawyers so you get those top lawyers on the phone who get to the crux of the problem and get the job done quickly."

KEY INDIVIDUALS  Cristina Arguedas is described as an "absolute superstar" in white-collar defense. According to one source, she is "professional, reactive, tough as nails when needed - just brilliant." She has a strong FCPA practice but is called in to handle cases when nothing other than a defense verdict will do.

THE FIRM This firm has made a name for itself through its focused and incisive representation of individuals embroiled in white-collar investigation. Market sources repeatedly praise the team's ability to handle the most sensitive and demanding of cases.

Sources say: "I refer to them frequently and their work quality, dollar-for-dollar, is exceptional."

KEY INDIVIDUALS  Mary McNamara takes white-collar cases to trial and appeal and has appeared in courts throughout the state. She is renowned for her thorough representation and pragmatic approach to negotiation, recently securing a deferred prosecution in a heavy-duty fraud case.

Peers refer to Edward Swanson as a "superb lawyer; extremely articulate and eloquent - a fighter, but a thoroughly fair one!" A former assistant federal public defender Swanson has a strong criminal defense background, supplemented by a prominent civil practice.

THE FIRM This thriving boutique is highly regarded for the quality of its advice and representation. Focusing solely upon white-collar defense, the team represents clients at individual and board level throughout pre-indictment and trial stages.

Sources say: "A top-notch white-collar firm." "Fine lawyers with a deep experience. They know the courts and how to do things."

KEY INDIVIDUALS  Gary Lincenberg handles both white-collar trial and appellate work. He has defended allegations of fraud, money laundering, tax evasion and public corruption, dealing primarily with individuals.

Terry Bird has almost forty years of trial experience, during which time he has defended countless issues on behalf of defendants ranging from high-profile individuals to Fortune 500 corporations.

Vincent Marella centers his practice upon the defense of c-level individuals in both criminal and related civil actions. His expertise in investigations and at trial include securities, tax and antitrust.

THE FIRM This firm is a growing boutique with partners focusing solely upon white-collar defense. The busy practice defies its size and is frequently engaged in cross-border FCPA matters, primarily representing individuals subject to government investigation or prosecution. The team is frequently occupied with a variety of matters arising from DOJ or SEC actions, including high-level insider trading allegations and real estate investment fraud.

KEY INDIVIDUALS  Nanci Clarence is a tremendously strong advocate and a vigorous defender of clients who face serious criminal allegations. She has experience dealing with the regulatory agencies and has managed a number of corporate investigations and trials.

THE FIRM This dynamic firm is highly regarded for its capabilities in the defense of individuals and the positive manner in which clients are represented in a spectrum of SEC/DOJ actions. The team is best known for its work in cases that involve issues including tax, securities, pharmaceutical and antitrust claims.

Sources say: "A great firm - highly regarded and they fight hard for their clients."

KEY INDIVIDUALS Former prosecutor David Scheper is "rapidly emerging as one of the best trial lawyers in the country. He's charming and brilliant." His energy and dynamic personality are valued qualities alongside his impressive track record in an array of white-collar defenses.

Marc Harris is described as a real fighter and a lawyer who gives his all in the defense of clients. His focus is spread between civil and white-collar litigation and thus clients can rely upon him to handle the range of claims or charges which may be lodged as individuals or as a corporation.

George O'Connell of DLA Piper LLP (US) has experience on both sides of the fence as a prosecutor (both as a US Attorney and federal prosecutor) and as a defense attorney for some 20 years. He also handles civil litigation which complements his fraud, securities and antitrust-focused white-collar practice.
Miles Ehrlich of Ramsey & Ehrlich LLP has garnered attention through his growing white-collar practice. A former prosecutor and Supreme Court clerk, Ehrlich now defends SEC and DOJ actions while also offering his expertise in corporate counseling.
John Cline of the Law Office of John D Cline has a coast-to-coast trial and appeal practice. He is best known for his expertise in fraud and terrorism-related issues, and is a steady hand when guiding defendants through the quagmire of criminal investigations and prosecutions.
"In terms of young, outstanding lawyers in San Francisco," Ismail Ramsey of Ramsey & Ehrlich LLP is among the best. A key lawyer within this boutique firm and former prosecutor, Ramsey brings volumes of experience into the courtroom in his representation of individuals charged with white-collar offences.
Kimberly Dunne of Sidley Austin LLP is regarded as thorough and organized, with clients who make special mention of the fact she "knows who's who, and is able to work well with the people she needs to, not just in LA but all over." Dunne works heavily in investigations and both corporate and individual white-collar defense; she is currently representing a former employee of the California Valve Company in relation to alleged violations of the FCPA. That matter is set to be one of the few FCPA cases to go to trial in 2012.
Mark Holscher of Kirkland & Ellis LLP has a broad practice covering white-collar, securities and commercial work, and his track record in white-collar work speaks directly to his skill and experience in the area. An "all-around tremendous trial lawyer," he handles everything from FCA and insider trading allegations to the International Emergency Economic Powers Act (IEEPA) and government investigations. He is considered a "top name in white-collar defense."
Bryan Daly of Sheppard, Mullin, Richter & Hampton LLP is commended particularly for his work as a strategist and is brought in on cases thanks to his notable reputation as a problem solver. FCA plays a strong part in his practice and he is heavily involved in investigations on behalf of corporate defendants. He is also involved in the defense of Lance Armstrong in the widely publicized federal investigation.
Jan Lawrence Handzlik of Venable LLP is a recent addition to the firm and a valuable one at that. Cited as a tremendous lawyer, he is widely recognized in the white-collar field and has over 25 years of experience. Sources call him "a go-to lawyer."
Stephen Mansfield of Akin Gump Strauss Hauer & Feld LLP wields over 20 years of trial experience in criminal defense and is also recognized for his internal investigation skills. He acts for individuals and large organizations, including financial institutions.
Robert Corbin of Corbin & Fitzgerald LLP is an out-and-out defense attorney and a former deputy federal public defender whose practice extends to the civil elements of criminal prosecutions and investigations.
The terrific Michael Shepard of Hogan Lovells US LLP is "a highly recognized, tremendous SEC and FCPA lawyer." He has a long experience on the prosecutorial side as a US attorney and is currently involved in groundbreaking work on a number of fronts.
James Brosnahan of Morrison & Foerster LLP is held in the highest regard and spoken of as an "institutional kind of legend." Clients comment that "I have never seen a lawyer like him before; his dedication and commitment to achieving the right outcome is phenomenal. If you really want to win, you can't get better." His practice does extend beyond white-collar work but trial advocacy is his specialty and he brings practical experience to virtually every niche of white-collar law.

Future Events 

16th May 2013: GC Seminar, London Sponsor-backed IPOs: IPO Exits of Portfolio Companies

21st May 2013: GC Seminar, New York Hackers Are After Your Data!: Practical Ways To Reduce Data Security Breach Exposure

23 May 2013: Chambers USA Awards for Excellence 2013, New York 

24 May 2013: Launch of Chambers USA 2013, New York and online

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

 

Chambers News

10 May 2012: Chambers Europe Awards for Excellence, Amsterdam