Mayer Brown's White Collar Defense & Compliance practice handles the full range of criminal defense issues facing companies and corporate executives. We have represented clients in every facet of criminal defense matters and have collectively tried hundreds of federal criminal cases both as defense counsel and as former prosecutors. Our lawyers know firsthand how government enforcement works and how best to respond to the challenges and risks posed by criminal investigations and related civil enforcement proceedings.
To clients worried about facing a criminal investigation, we offer the reassurance of our experience as we identify the scope of the concern and its potential consequences. Team members conduct internal corporate investigations and suggest corrective measures that frequently lessen or even avoid later law enforcement inquiries.
Lawyer Experience
Mayer Brown has one of the most experienced and diverse teams of former federal prosecutors and other government enforcement attorneys. Our practice includes 13 former Assistant US Attorneys who worked in US Attorney’s Offices across the country. Our lawyers have served in significant leadership positions in the Department of Justice (DOJ) and elsewhere, including Deputy Solicitor General in charge of criminal litigation before the Supreme Court, Chief Counsel of US Senate Judiciary Committee, Attorney General of the State of Illinois, Executive Inspector General for the Illinois Governor and Chief of the Watergate Task Force, Watergate Special Prosecutor’s Office.
Practice Capabilities
We offer comprehensive capabilities to corporate and individual clients, as we work closely with them to ensure proactive compliance with the law, investigate questionable conduct, and provide litigation defense.
Compliance. Because of our experience and wide-ranging practice, we are able to identify weaknesses in internal controls and business activities that could pose or present risks of enforcement actions. Our lawyers help companies evaluate and enhance their best compliance practices, and develop appropriate procedures and policies in response to the changed regulatory landscape created by the Sarbanes-Oxley Act and Regulation FD, and the increasingly aggressive enforcement efforts of prosecutors and regulators. Using our insight into how prosecutors apply the criminal law to alleged business crimes, we work with clients to undertake compliance audits and draft, implement and monitor compliance plans.
We question current compliance policies in order to find areas that may be out of date or need improvement. The goal is to eliminate the problems and avoid the risk, and the key to that is developing policies that meet all legal requirements and minimize the likelihood of regulatory violations and litigation. We not only provide review and revision of existing policies and procedures, but also work to ensure that they are properly carried out.
Investigations. Clients seek Mayer Brown’s advice in identifying the scope of a perceived problem, its potential consequences and the company’s internal and external reporting responsibilities. Our defense team conducts independent internal investigations on behalf of corporate management, boards of directors, audit or special litigation committees, government agencies, and other investigators and has suggested corrective measures that have resolved or lessened later enforcement actions. We are able to staff these matters with a diverse team of seasoned criminal defense and compliance lawyers whose prior government and investigative experience make them the optimal choice for these assignments.
We also act as enforcement counsel for companies under investigation by the DOJ, the FBI, state and federal grand juries, and the various state attorneys general. Where these investigations are anticipated, we assist companies to prepare for the consequences and manage the process of document collection, review and production, as well as the many other aspects of representation during a government investigation. In cases where there is no warning of a search warrant or raid, we provide immediate assistance to the client, wherever and whenever necessary.
In addition, we advise audit committees and individual corporate directors regarding fiduciary responsibilities, Sarbanes-Oxley compliance, and financial reporting obligations.
Litigation. Our lawyers have an outstanding record in the state and federal courts, having collectively tried hundreds of criminal cases both a prosecutors and defense lawyers. In addition, we often represent clients in complex civil litigation arising under federal and state securities laws spawned by, and related to, criminal investigations. Frequently, we are retained near the culmination of an investigation to assess litigation risks and develop pre-emptive strategies, to defend against enforcement proceedings, or to negotiate favorable settlements. As a consequence, we have negotiated with and litigated extensively – and successfully – against the government.
Mayer Brown’s legal team is composed of skilled negotiators who are familiar with issues that drive government investigations and the factors that most influence prosecutorial decision-making. Our substantial trial and investigative experience provides real value in negotiations. By teaming with lawyers in other of the firm’s practices, our white collar lawyers have, on various occasions, convinced many state and federal prosecutors that criminal charges should not be brought, or negotiated outcomes that are more favorable than those originally proposed by the government.
