Based on significant trial experience, the firm's White Collar Defense and Corporate Investigations Practice is among the nation's most seasoned in serving corporations and individuals facing government scrutiny. Our white collar attorneys have over a century of combined experience, coming to Baker Hostetler from distinguished careers in government as Assistant United States Attorneys, Assistant District Attorneys and SEC enforcement attorneys. This depth of experience has proven invaluable in representing clients in dealings with the DOJ, SEC, HHS, IRS, FTC and other federal and state agencies.
Representing clients across the United States and internationally in government investigations and litigation, we are well-versed in negotiating the complex issues surrounding parallel civil enforcement proceedings and the collateral consequences a client may be exposed to in private litigation. Our guidance draws upon and reflects the combined strength of the firm's nationally recognized practice teams in numerous potentially related areas, including antitrust, securities regulation and enforcement, class action litigation and tax.
Corporate Investigations
Before a corporation can intelligently respond to a government inquiry, senior management and the board of directors need qualified counsel to quickly gather the relevant facts and assist them in assessing any potential liability. Similar prompt action is required when management becomes aware, from sources either inside or outside of the corporation, of the potential for government attention.
Our practice team has extensive experience in conducting complex corporate investigations of suspected civil and criminal misconduct on an expedited basis, with sensitivity to the ongoing business and personnel needs of the corporation. Focused to go beyond determining the facts, our investigative approach is designed to identify potential liabilities and defenses, including any potential corporate criminal liability predicated on the collective acts of employees. At a time when prosecutors and regulators are pressuring corporations to cooperate and waive their attorney-client privilege, our experience and knowledge of government protocol has allowed us to design information sharing arrangements that earn cooperation credit without exposing confidential internal communications and reports to third parties.
Cognizant of a corporation's special obligations during a government investigation, we also provide counsel to companies regarding their special disclosure and document retention obligations under federal and state laws.
Compliance and MonitorshipsAs an increasing number of public corporations become associated with terms such as injunction and indictment, the most secure and cost-effective way to conduct business is to prevent offending conduct before it happens.
We regularly advise corporations regarding the implementation and testing of compliance programs and other crucial preventative measures. Our attorneys have been recognized by the Department of Justice in their selection Baker Hostetler as the independent monitor over Merrill Lynch's compliance efforts following their involvement in the Enron scandal. Under certain circumstances, voluntary monitorship programs can be an effective and creative tool in responding to government scrutiny. Our attorneys are at the forefront of the creation, use and implementation of such programs.
A Wide Reach
While the work in these areas is conducted principally by lawyers in the New York, Washington and Cleveland offices, the practice is supported by the full resources and experience of attorneys in all 10 U.S. offices, and nationwide strength across practice teams including antitrust, class action litigation, securities regulation and enforcement, health and energy law, complex litigation, tax and bankruptcy.
Our team includes former top prosecutors who understand the government's investigative process.
Leadership in Action
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| White Collar Defense: Negating a whistleblower’s allegations |
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| Client: Large entertainment company |
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| Type of Matter: Qui tam whistleblower allegation |
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| Our Client's Challenge: The U.S. Army requested bids to lease a hotel in Orlando, Florida as a rest and rehabilitation site for Army personnel. Our client won the bid, but a losing bidder sued, alleging that our client withheld information from the Army about the true value of the winning hotel and overcharged the government. |
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| The Goal: Affirm the propriety of our client’s bidding information and procedures. |
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| Our Strategy: We proceeded through the discovery process then filed a Rule 11 motion for dismissal of the motion and the claimed $10 million in damages. |
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| Results: After a year and a half of litigation, we secured dismissal of the allegations against our client. |
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White Collar Defense and Corporate Investigations Experience
- Appointed by the Justice Department to serve as outside independent monitor of Merrill Lynch, at the time the largest firm by capital, and the Bank of New York.
- Represented hedge fund in connection with investigations related to late trading and market timing allegations before SEC, CFTC and DOJ.
- Represented FORTUNE 50 company in connection with a “channel stuffing” investigations by the SEC and DOJ.
- Obtained acquittal of individual after two-month jury trial in federal conspiracy prosecution alleging $35 million loss to government in alleged HUD fraud.
- Defended major corporation in billion dollar federal antitrust jury trial.
- Represented senior executive of FORTUNE 100 company in parallel revenue recognition fraud investigations by the SEC and DOJ.
- Obtained non-criminal disposition for client indicted for alleged insurance fraud conspiracy.
About Baker Hostetler's Litigation Team
When the stakes are "bet-the-company" monetary damages, potential criminal sentences and intense scrutiny in the court of public opinion, the 200-plus litigators of Baker Hostetler are a team to depend on. We have the kind of credentials you expect from a leading national litigation firm and a client base we have protected in and out of court for decades.
What really sets us apart is our practical experience as trial lawyers. The Baker Hostetler team includes former top prosecutors of the U.S. Justice Department (four of whom received the Attorney General's Distinguished Services Award), former prosecutors for major municipalities, veteran civil trial attorneys and enforcement officials from various federal agencies, from the Department of Energy to the SEC and NASD (now FINRA).