Mayer Brown’s White Collar Defense & Compliance practice handles the full range of criminal defense issues with a diverse team of former federal prosecutors and other government enforcement lawyers. Mayer Brown’s White Collar Defense & Compliance practice represents corporations, boards of directors, board committees, executives and public officials in criminal, civil and regulatory enforcement proceedings around the world. Collectively, lawyers in this group have tried hundreds of state and federal criminal jury trials.
Our extensive white-collar practice includes numerous former federal prosecutors from US Attorney’s offices around the country, including many who held high-ranking supervisory positions. Other former high-ranking public officials include the former Attorney Generals of Illinois and California; a former US Attorney for the Central District of California; a former Acting Deputy Assistant Attorney General and Chief of DOJ’s Fraud Section; attorneys from several federal regulatory agencies, including the SEC’s Division of Enforcement; and the former Chief Counsel of the US Senate Judiciary Committee and Chief of the Watergate Task Force. Our deep bench has extensive experience with modern law enforcement tools, including wiretaps, MLAT requests seeking evidence from foreign countries and criminal forfeiture.
In addition to our white-collar experience, our lawyers draw upon the world-class resources of the firm in other core practice areas, including our renowned appellate group, corporate and securities, finance, accounting and tax. Clients also benefit from the firm’s commanding presence in the world’s major markets across the Americas, Asia, Europe and the Middle East, and the firm’s depth of experience counseling clients facing cross-border investigations and enforcement proceedings.
The strength of our White Collar Defense & Compliance practice is bolstered by our capabilities in other related areas.
The lawyers in our White Collar group have collectively tried hundreds of cases to verdict in front of juries around the country, as both prosecutors and defense lawyers. These jury trials include the following types of representative matters:
- Public corruption
- Securities fraud
- Insider trading
- Health care fraud
- Criminal antitrust
- Arms Export Control Act
- Tax evasion
- Money laundering
- Mail and wire fraud
- Bank fraud
- Bankruptcy fraud
Mayer Brown regularly conducts internal investigations for public and private companies, boards of directors, audit committees and special committees relating to allegations of misconduct, including cross-border investigations. This practice includes counseling clients on the issues that frequently arise during internal investigations, including the decision of whether to voluntarily disclose information to such federal agencies as the DOJ and the SEC, the strategic considerations arising from parallel government inquiries and/or private litigation, employment law issues and communications with auditors.
Foreign Corrupt Practices Act (FCPA)
Mayer Brown regularly represents and counsels companies and individuals on matters involving the FCPA, including internal investigations into alleged FCPA violations, DOJ/SEC or foreign investigations and enforcement proceedings, compliance review and due diligence in the merger-and-acquisition context. Our capabilities in this area are strengthened by our global presence, along with our experience in related areas, including export control and embargo laws. Our regional offices and partners in the Americas, Asia, Europe and the Middle East are well-versed in the complex issues relating to the FCPA and cross-border investigations.
With more than 70 antitrust lawyers worldwide, Mayer Brown is recognized as a leading antitrust practice by Chambers & Partners, Legal 500 and Global Competition Review. Our antitrust practice provides advice on the full range of issues arising in this area, including criminal investigations by US and foreign authorities.
Mayer Brown provides sophisticated corporate, finance, litigation and regulatory services for a variety of health care companies. We regularly conduct internal investigations and defend health care companies facing False Claims Act/qui tam matters and cross-border issues, including issues arising under the FCPA. Additionally, we have within our practice a former DOJ Health Care Fraud Coordinator, who brings significant experience in the defense of providers facing civil, criminal or parallel investigations into such matters as Anti-Kickback, Stark, cost reports, billing for services not rendered, up-coding, bundling and the myriad of other challenges facing health care providers related to reimbursement.
Mayer Brown’s global Financial Services Regulatory & Enforcement practice provides forward-thinking solutions for financial services firms operating in today’s complex regulatory environment. Our experience in this area includes representing major financial institutions in cross-border internal investigations and criminal and regulatory enforcement matters.
Mayer Brown’s Securities Litigation and Enforcement practice – which includes several former SEC enforcement attorneys – has been recognized as a top tier firm in US News’ “Best Law Firms” report for 2016 and as a “standout firm” for securities litigation by BTI Consulting Group’s Litigation Outlook 2015 report.
Oil & Gas
Lawyers in the firm’s Oil & Gas practice help clients devise creative solutions to complex problems. They combine their understanding of the global energy business environment with a proven track record in energy transactions, disputes and regulatory/legislative matters across all segments of the energy industry.
Whether for start-ups or some of the largest life sciences companies in the world, Mayer Brown lawyers provide clients in the Life Sciences sector with practical and effective legal counsel. Our Life Sciences group consists of a multidisciplinary team of lawyers with extensive industry knowledge and resources. Lawyers are experienced in dealing with the issues affecting the life sciences industry globally, including: investigations and compliance, risk management, dispute resolution, antitrust and competition, transactions, intellectual property and government and global trade.
False Claims Act/Qui Tam
The False Claims Act (FCA) is recognized as a primary fraud enforcement tool for the DOJ. Mayer Brown lawyers represent clients in industries targeted by the FCA, including: government contracts, health care, financial services, energy and others. We have successfully resolved FCA and qui tam matters at all phases of the process, from investigations through trial.
- Lead trial counsel for a former US Congressman in a federal criminal trial in the District of Arizona involving charges of public corruption, fraud and money laundering, which raised substantial legal issues involving the operation of the Speech or Debate Clause. The Congressman was sentenced to 36 months in prison despite the government’s request for nine to 12 years. The Ninth Circuit granted the firm’s bail pending appeal motion for the Congressman.
- Lead trial counsel for the former president of one the largest labor unions in the country in federal criminal trial in the Central District of California involving charges of embezzling union funds, mail fraud, bank fraud and filing false tax returns.
- Counsel to the world’s leading developer and operator of integrated resorts, in connection with an FCPA investigation involving allegations from a former company executive of misconduct in the Chinese administrative region of Macau.
- Counsel to a global construction management firm in a joint investigation by the DOJ and UK Serious Fraud Office (SFO) into alleged corrupt payments in the United Arab Emirates and elsewhere.
- Counsel to a European bank in an investigation by the DOJ and Commodity Futures Trading Commission (CFTC) involving the LIBOR rate.
- Counsel to several foreign banks and individual taxpayers in the DOJ/IRS investigation of alleged improperly tax sheltered accounts held by US taxpayers in Europe.
- Counsel to a private military company in a DOJ investigation of alleged violations of the FCPA and export control laws.
- Counsel to a medical device manufacturer in the investigation and settlement with DOJ and 39 State Attorney Generals of a civil false claims act matter involving the reimbursement of durable medical equipment beyond the products “reasonable useful life” and allegations of violations of the Medicare Anti-solicitation statute.
- Counsel to a medical supplies company in parallel criminal and civil DOJ investigations involving allegations of fraudulent health care billing practices with potential False Claims Act damages.
- Counsel to a public health product company indicted for violating the Arab boycott statute (prohibiting US companies from refusing to supply their product or services to Israel based on the request of an Arab country).
- Counsel to an international chemicals firm in an SEC investigation of possible FCPA violations in Argentina, resulting in a decision by the SEC not to pursue the matter.
- Counsel to a US oil and gas corporation in a joint DOJ/SEC investigation into potential money laundering and securities violations.
- Counsel to a medical device company in a DOJ civil and criminal investigation into alleged off-label promotion of a medical device.
- Counsel to an oil and gas corporation in a DOJ/SEC joint investigation surrounding multimillion dollar stock and land deals, involving alleged securities fraud and money laundering.
- Counsel to an audit committee of a US semiconductor company in an SEC investigation involving allegations that committee improperly failed to take litigation reserves.
- Counsel to an engineering company executive, formerly based in India with responsibility for the company’s Southeast Asian operations, in an ongoing corruption and bribery investigation involving the DOJ and World Bank.
- Counsel to six executives of three different Japanese auto parts companies in the DOJ’s ongoing criminal investigation involving alleged antitrust violations.
- Counsel to five employees of a leading global cosmetics and beauty company in connection with a joint DOJ-SEC investigation of possible FCPA violations in China.
Since 2008, Mayer Brown’s White Collar Defense practice has been recognized as a top ranked firm in Illinois by Chambers USA, with clients noting, “Mayer Brown is an exceptional firm with unparalleled knowledge, experience and ability to partner with its business clients to achieve results.”
Legal 500 USA
The 2016 edition of Legal 500 notes that “Mayer Brown has an ‘outstanding’ white-collar practice.”
Legal 500 UK
The 2016 edition of Legal 500 describes Mayer Brown’s White Collar practice as ‘first-rate’.