C. Shawn Cleveland

Experience

White Collar Criminal Cases, SEC Enforcement, and Investigations

• Conducted an audit committee investigation regarding accounting issues for a publicly traded financial services company.
• Represented a major data company in connection with an internal investigation and Department of Justice (DOJ) investigation.
• Conducted an audit committee investigation regarding disclosure issues for a publicly traded energy company.
• Represented a global retailer in DOJ and SEC investigations into alleged FCPA violations.
• Represented a publicly traded financial services company in an SEC inquiry into certain transactions and disclosures regarding loss reserves.
• Conducted an internal investigation and defended a government investigation into alleged violations of immigration law and the FCA at a multinational corporation.
• Represented the former chief financial officer (CFO) of a publicly traded company in an SEC investigation involving accounting and disclosure issues related to impairments.
• Represented a medical device company in connection with a DOJ investigation into potential violations of the AKS and the FCA.
• Conducted an internal investigation into alleged accounting fraud and commercial corruption in the international operations of a major publicly traded multinational corporation.
• Represented the CFO of a publicly traded company in an SEC investigation involving accounting and disclosure issues related to revenue recognition.
• Defended a high-ranking state official in an SEC investigation into alleged promotion of investments.
• Conducted an internal investigation into alleged employment discrimination, retaliation, and code of conduct issues at a global technology and outsourcing company.
• Conducted an internal investigation for a Fortune 500 company into a foreign subsidiary involving allegations of employee misconduct and potential FCA violations.
• Conducted an internal investigation into allegations regarding a Fortune 500 company’s site security and security workforce.
• Conducted an internal investigation for a Fortune 500 telecommunications company involving allegations of conflicts of interest and other misconduct by employees.
• Defended officers and employees of a major U.S. financial institution in government investigations and DOJ civil investigative demand (CID) testimony regarding alleged “robo-signing” in connection with foreclosures.
• Defended chairman of energy commodities and services company in the DOJ investigation and criminal trial following the company's collapse.
• Represented an officer of a pharmaceutical company in connection with a DOJ investigation into marketing practices and potential violations of the Anti-Kickback Statute and the FCA.
• Defended a former president of a publicly traded information technology company in a DOJ investigation into alleged accounting fraud and a “pump and dump” scheme, resolving the case with a favorable plea agreement and sentencing.
• Defended a former officer of a publicly traded construction company in connection with SEC and DOJ investigations into alleged accounting fraud and insider trading, obtaining a settlement with the SEC and no action by the DOJ.
• Represented a former chief executive officer of a manufacturing company in connection with an internal investigation into alleged accounting fraud.

Litigation

• Represented meat processing company in a defamation case that delivered a historic victory for the client in its lawsuit against major broadcast television network.
• Represented a national consulting firm in a dispute with a customer over the performance of a consulting contract and professional fees.
• Represented a health care services company in a suit brought by a former employee asserting claims of retaliation for allegedly investigating and reporting violations of the FCA by the company.
• Represented the former CFO of a publicly traded company in a Texas state court case alleging breach of fiduciary duty and negligence in connection with the company’s accounting and disclosures.
• Represented a Fortune 500 defense contractor in connection with the evaluation of potential bid protest theories arising from a competitor’s access to proprietary and confidential information.
• Represented a Fortune 500 defense contractor in a suit against another defense contractor over breach of a subcontract and misappropriation of trade secrets involving complex technology and issues of compliance with contract specifications and test procedures.
• Represented a Fortune 500 health insurer in litigation over the alleged submission of fraudulent claims and violation of anti-kickback-related exclusions in health plans.
• Represented a university system in litigation filed by former students claiming that the system had misrepresented its status and plans for obtaining certain types of accreditation and future employment prospects for students.
• Defended the outside directors of a technology services company in high-profile stock option backdating derivative cases, including securities and breach of fiduciary duty claims, in state and federal courts in Texas and Delaware.
• Defended chairman of energy commodities and services company in the securities class action litigation that followed the company's collapse.
• Defeated a merger challenge on behalf of a publicly traded energy company and its officers and directors, overcoming the plaintiff’s request to enjoin the merger and obtaining dismissal of the suit prior to discovery.
• Defended the chief financial officer of a publicly traded technology company in regulatory, securities class action, and derivative proceedings arising out of earnings manipulation claims against the company; obtained dismissal of the class action, and settled the remaining proceedings.
• Defended brokerage firms and brokers in National Association of Securities Dealers/Financial Industry Regulatory Authority arbitration proceedings brought by customers.
• Represented the purchaser of distressed commercial real estate loans in suits over alleged breaches of the loans and loan commitments in state court in Dallas County, Texas.
• Represented a leading manufacturer of energy drinks in multiple disputes with former distributors in Texas state courts and in arbitration.
• Represented a major investment bank in litigation over funding transactions and ultimate foreclosure on real estate investments in state court in Gillespie County, Texas.
• Represented major health insurers and property and casualty insurers in various civil cases involving submission of false claims and fraudulent insurance applications in state and federal courts.
• Represented a hedge fund in injunctive proceedings in state court in Travis County, Texas, to protect assets sought to be seized by a receiver in litigation against one of the hedge fund’s portfolio companies.
• Represented an oil and gas exploration and production firm in litigation over alleged breaches of operating agreements in state court in Bexar County, Texas.
• Represented members of a limited liability company in a suit over merchant power plant development involving allegations of de facto partnership and breach of the duty of loyalty in state court in Dallas County, Texas.
• Represented a major publicly traded reinsurance brokerage company in a state court suit in Dallas County, Texas, against former company officers involving breach of non-compete agreements, breach of fiduciary duty, and misappropriation of confidential information.