White-Collar

Overview

Companies and their executives now face increased scrutiny wherever they have interests and operations. Whistleblower lawsuits are growing at an unprecedented rate. Clients need legal advisors who can help identify and address potential compliance risks, respond in the event of a government investigation, and defend qui tam actions, criminal charges and parallel proceedings. McDermott can provide skilled legal counsel to assist clients facing scrutiny by government agencies over their business practices.

McDermott’s white-collar and securities defense team includes highly experienced lawyers in offices throughout the United States and abroad. We have tried hundreds of cases in federal and state courts, earning us consistent recognition by legal and industry directories such as Chambers USA, US News-Best Lawyers, Benchmark Litigation, and The Legal 500.

What differentiates McDermott is a team steeped in knowledge gained from prior service as senior federal prosecutors, enabling us to provide a unique perspective to counsel and advise clients facing criminal investigations or indictments. Our group includes former senior prosecutors from US attorney’s offices and the US Department of Justice, including professionals who have advised the US attorney general and other high-ranking officials. In addition, we can provide lawyers from nearly every US federal agency active in white-collar activities, including the Federal Trade Commission, Securities and Exchange Commission, Department of Treasury, Internal Revenue Service, Department of Health and Human Services, Department of Commerce, Occupational Safety and Health Review Commission, and Environmental Protection Agency.

Clients appreciate our demonstrated success advising on a variety of white-collar criminal matters, including financial institution, health care, securities, environmental, tax, antitrust, public corruption, government contracting, commodities and Foreign Corrupt Practices Act investigations. However, what clients appreciate even more is that our most valuable work often goes unnoticed by the public. By proactively addressing concerns raised by prosecutors and regulators, we routinely persuade the government not to proceed with costly and reputation-damaging criminal charges or public lawsuits.

Related Capabilities

Government Investigations

Our group has extensive practice experience in a wide variety of government investigations into alleged white-collar criminal matters. Drawing on our wealth of experience in numerous industries, we have practical understanding of how businesses operate, their enforcement concerns, and their industry standards and practices. Our lawyers’ business acumen, combined with their experience as former prosecutors, ensures that we effectively communicate our clients’ perspectives to prosecutors and regulators. We also advise clients in corporate internal investigations and parallel proceedings in multiple forums.

Anti-Bribery

With white-collar criminal defense lawyers located in the United States, and our affiliation with MWE China Law Offices, we assist clients in ensuring compliance with the UK Bribery Act, the US Foreign Corrupt Practices Act (FCPA) and related anti-bribery statutes worldwide. We provide effective crisis-management advice, help clients cooperate with regulatory and law-enforcement officials, and mount a rapid, effective defense in agency investigations and at trial. Among recent anti-bribery matters, we have represented multinational technology, chemical, aerospace, agribusiness and other companies on investigations relating to their activities in China, India, Korea, Equatorial Guinea and numerous other countries in Africa, the Middle East, South America, the Caribbean and Europe.

China

Through our affiliation with MWE China Law Offices, we help clients pursue, redress and defend disputes in Chinese and international courts and administrative agencies. MWE China lawyers also regularly appear on behalf of Firm clients in Chinese arbitration proceedings as well as in front of major international arbitration institutions, including the China International Economic and Trade Arbitration Commission, the Court of Arbitration of the International Chamber of Commerce, the Hong Kong International Arbitration Centre and the London Court of International Arbitration. MWE China has represented many leading, global corporations and financial institutions and their boards of directors and senior executives.

Compliance

Increased government and law-enforcement oversight, growing shareholder activism and an aggressive plaintiffs’ bar are just a few of the reasons businesses, boards of directors and individual executives need effective, comprehensive corporate compliance programs. We deliver tailored compliance programs that can minimize the costs and penalties associated with compliance failures, reduce the likelihood of investigations, and protect hard-won personal and corporate reputations. When compliance challenges do arise, we mount an immediate response before regulatory agencies and officials and, if necessary, in court. Our compliance solutions include key components such as compliance auditing, development of clear policies and procedures, ongoing monitoring and reinforcement through effective training of key personnel.

CFTC

With dozens of former federal prosecutors, and lawyers formerly with the SEC and other federal agencies, McDermott provides broad-reaching defense of energy, agriculture, metals and other commodities, derivatives and interest-rate market clients. We regularly represent clients in matters before the US Department of Justice (DOJ), Commodity Futures Trading Commission (CFTC), Federal Energy Regulatory Commission (FERC), and Securities and Exchange Commission (SEC), as well as in investigations and litigation involving foreign regulators. We provide effective defense in civil and criminal cases involving physical, over-the-counter derivatives, regulated futures trading, and allegations of fraud, manipulation, false reporting, wash trading and other regulatory violations.

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"Excellent work product...They are very experienced and knowledgeable on issues arising out of the case and it has been comforting to have them as counsel."

Chambers USA 2019

McDermott Will & Emery’s team is commended for its "high credibility with government agencies" and "strategic approach."

The Legal 500 US 2019

"The professionalism, intelligence, creativity, and ability to work under extreme time pressures are just a few of their highest qualities."

Best Law Firms 2018, Client Reference

Results

Represented the estate of Donald Flynn, the controlling shareholder of Emerald Casino, a company which owned the last casino license issued by the State of Illinois. After Emerald’s gaming license was revoked, the company filed for bankruptcy. The bankruptcy trustee sued Flynn and other officers and directors seeking over $520 million in damages. As a result of a bench trial in federal court, the Flynn estate prevailed on the trustee’s breach of fiduciary duty claim and trustee’s challenges to Flynn’s claims for amounts the company owed him; obtained a ruling barring the opinion of the trustee’s purported damages expert; and secured a ruling rejecting joint liability and setting damages at $45 million, less than 10 percent of the amount the trustee sought.