Our depth of expertise in interacting with prosecutors and regulators, providing corporate and disclosure advice, and litigating complex civil disputes allows our team to work closely with senior management, boards and board committees to provide effective representation as to all aspects of an internal or governmental inquiry. In appropriate situations our corporate partners play a key role, counseling on board duties, securities disclosure requirements and accounting standards bearing on investigative matters. We also routinely handle civil matters related to governmental inquiries, including securities actions, shareholder demands and derivative suits, private Sherman Act claims and other civil disputes.
Together, our team provides essential expertise on a variety of potential enforcement issues, including in the following subject matter areas:
- Antitrust: We represent clients in a variety of internal investigations as well as public and non public investigations conducted by the DOJ, Federal Trade Commission and foreign antitrust regulators and tribunals. These investigations have related to allegations of price fixing, coordination in output, monopolization or industry wide collusion. Our team has handled some of the most notable antitrust disputes in U.S. history involving civil actions by the U.S. government and includes the only private sector practitioner to have served both as the head of the DOJ’s Antitrust Division and as a Commissioner of the Federal Trade Commission.
- Foreign Corrupt Practices Act (FCPA): We have extensive experience assisting companies in investigating potential violations of the FCPA, including conducting global investigations and representing clients in criminal and civil matters before the DOJ and SEC. Our team has handled diverse FCPA matters ranging from declinations to some of the most significant FCPA corporate settlements in U.S. history. Members of our group include former senior SEC lawyers and DOJ prosecutors, including the Deputy Assistant Attorney General who oversaw the DOJ Criminal Division’s issuance of the hallmark DOJ – SEC Resource Guide to the Foreign Corrupt Practices Act and has since served as an expert witness on the FCPA.
- Healthcare Fraud: We have extensive experience in DOJ criminal and civil investigations and lawsuits related to alleged healthcare fraud involving off label promotion and purported violations of the False Claims Act and the Anti Kickback Statute. We have also handled numerous internal investigations related to a wide variety of healthcare marketing practices.
- Insider Trading: We represent companies and individuals in connection with insider trading investigations by the DOJ, SEC and FINRA, as well as internal investigations for companies that suspect executives or others of insider trading/tipping.
- Sanctions and Export Controls: We have counseled global financial institutions and foreign and domestic companies on compliance issues and investigations concerning potential violations of economic and trade sanctions enforced by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the Bureau of Industry and Security of the U.S. Department of Commerce, and other agencies and offices.
- Securities Fraud: We have extensive experience handling investigations and disclosure issues, including financial restatements relating to allegations of securities fraud and accounting irregularities. We have represented a variety of companies and accounting firms in investigations and litigation involving these types of issues before the DOJ, SEC, the PCAOB and state boards of accountancy. Our team includes a former SEC Director of Corporation Finance, a former SEC Enforcement supervisor who oversaw major accounting fraud investigations and lawyers with decades of experience handling a full range of complex accounting and audit related issues.
- Tax Fraud: We advise and represent companies and executives in complex tax investigations conducted by the IRS, DOJ and other government tax agencies. The combined skills and expertise of Cravath’s litigators and corporate tax attorneys provide unparalleled resources for clients in these kinds of matters.