Darryl Lew focuses his practice on dispute resolution through arbitration and litigation, and on white collar and compliance matters.

Mr. Lew has substantial experience representing and advising private parties and state entities in domestic and international arbitrations, including before the International Centre for Settlement of Investment Disputes (ICSID). Mr Lew’s arbitrations have included disputes related to concessions, joint ventures, privatizations and construction. His international arbitration representations include:

• Gold Reserve in Gold Reserve Inc. v. Bolivarian Republic of Venezuela, an arbitration before ICSID’s Additional Facility under the Canadian-Venezuela bilateral investment treaty relating to one of the largest undeveloped gold/copper deposits in the world;
• Jordan in Trans-Global Petroleum, Inc. v. The Hashemite Kingdom of Jordan, an ICSID arbitration under the US-Jordan bilateral investment treaty arising out of an oil concession contract;
• Romania in Noble Ventures, Inc. v. Romania (ICSID Case No. ARB/01/11), an ICSID arbitration under the US-Romania bilateral investment treaty arising out of the privatization of a steel mill;
• Romania in EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13), an ICSID arbitration under the UK-Romania bilateral investment treaty arising out of allegations of official corruption related to a concession to provide duty free and other retail services at Romanian airports;
• Romania in S&T Oil Equipment and Machinery v. Romania (ICSID Case No. ARB/07/13), an ICSID arbitration under the
  US-Romania bilateral investment treaty of a dispute relating to the privatization of several industrial companies;
• A state-owned utility in an UNCITRAL arbitration arising out of the construction of a hydro-electric facility in Southeast Asia;
• A privately held Thai company in arbitration proceedings arising out of the construction of a chemical plant in Southeast Asia;
• A Central Asian government in an UNCITRAL arbitration arising out of a dispute related to an investment in a state-owned gold mine; and
• A Central Asian government in an arbitration under the Arbitration Rules of the Stockholm Chamber of Commerce arising out of a multimillion-dollar dispute related to investment in a state-owned enterprise.

Mr. Lew has also advised clients in connection with claims at the International Court of Justice and under the North American Free Trade Agreement and the Energy Charter Treaty.

Mr. Lew's white collar experience includes conducting internal corporate investigations and representing and advising US and foreign multinational companies in civil and criminal matters involving fraud, accounting, and regulatory issues, often in the context of investigations and enforcement actions undertaken by the US Department of Justice and the US Securities and Exchange Commission. He has substantial experience in matters involving the US Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, including creating and assessing compliance and training programs, conducting risk audits and assessments, as well as conducting and evaluating anti¬corruption due diligence and compliance in the context of foreign investments and mergers and acquisitions. White collar representations include:

• An audit committee of a publicly traded, multinational telecommunications corporation in an internal investigation of possible FCPA violations;
• A publicly traded, multinational conglomerate in a global, risk-based FCPA compliance assessment of operations in over 70 countries and related internal investigations at numerous subsidiaries, including in the manufacturing, services, and health care sectors;
• A hedge fund and a publicly traded US company in FCPA due diligence and compliance in international investments and acquisitions;
• A US trade association in connection with FCPA compliance and training in the conduct of the association's international operations, including official travel, entertainment, sponsorships and donations;
• An audit committee in an internal investigation into possible fraud in connection with executive compensation and expense reporting;
• A US multinational corporation in an internal investigation into possible fraud and self dealing in the operation of a European subsidiary;
• A foreign state entity in a criminal fraud and bank regulatory investigation carried out by the Department of Justice and the
  US Federal Reserve; and
• A foreign state entity in federal appellate proceedings related to the disclosure of federal grand jury materials.

Mr. Lew's litigation experience includes representing and advising clients in actions involving fraud, securities, accounting, regulatory and shareholder derivative and corporate governance issues. Litigation representations include:

• A Special Litigation Committee of the Board of Directors of a publicly traded utility company in connection with a shareholder derivative demand alleging breaches of fiduciary duties related to debt covenant compliance and executive compensation;
• A Committee of the Board of Directors of a publicly traded media and communications company in connection with a shareholder derivative demand alleging breaches of fiduciary duties arising out of complex accounting issues;
• A foreign state entity in a shareholder derivative action;
• A consortium of investment banks in a class action brought against them under Sections 11 and 12(a)(2) of the Securities Act of 1933;
• The US Presidential Inaugural Committee in a challenge to the constitutionality of prayer at the Presidential inaugural ceremony;
• A foreign state entity in a federal civil fraud and breach of contract action;
• A publicly traded oil company in a civil US False Claims Act suit concerning royalties on oil extracted from federal lands;
• A publicly traded company in a federal civil fraud and breach of contract action arising out of accounting issues discovered in post-closing due diligence following a negotiated acquisition; and
• A publicly traded transportation company in post-verdict proceedings resulting in the set-aside of the then largest personal injury verdict in Virginia history.

Mr. Lew served as a law clerk to the Honorable Frank X. Altimari of the US Court of Appeals for the Second Circuit from 1991-1992 and to the Honorable Robert E. Payne of the US District Court for the Eastern District of Virginia from 1992-1993. Prior to attending law school, Mr. Lew was a Fulbright Scholar at the College of Europe in Bruges, Belgium during the 1985-1986 academic year.

Bars and Courts
New York State Bar
District of Columbia Bar
Virginia State Bar
US District Courts for the Southern and Eastern Districts of New York
US District Court for the Eastern and Western Districts of Virginia
US Court of Appeals for the Fourth, Fifth and Ninth Circuits
US Supreme Court

Education
JD, Columbia University School of Law, Stone Scholar; Articles Editor, Columbia Journal of Transnational Law, 1989
Degree of Advanced European Community Studies, College of Europe, Bruges, Belgium, (Fulbright Scholar), 1986
BA, King's College, summa cum laude, 1985

Professional Associations and Memberships
Immediate Past Co-Chair and Current Member of the ABA Committee on International Criminal Law
ABA Liaison to the International Centre for Settlement of Investment Disputes

Awards and Recognition
Chambers USA, International Arbitration (2007, 2008, 2009, 2010)
Chambers Global, Public International Law (2010)
Euromoney's Benchmark, General Commercial Litigation (2009)
Legal 500 USA, International Arbitration (2007)
The Best Lawyers in America, International Arbitration (2008, 2009, 2010)

Publications
"Independent Investigations: Why, When and How to Make Them Work," Directors and Boards Boardroom Briefing, October 2, 2007 (with George J. Terwilliger, III)
"Privilege in Peril: Corporate Cooperation in the New Era of Government Investigations," Engage: The Journal of the Federalist Society’s Practice Groups, Vol. 7, No. 1, March 2006 (with George J. Terwilliger, III)
"Court Review of Arbitral Awards Limited," The New York Law Journal, August 21, 2000
"Application of the Doctrine of Primary Jurisdiction in False Claims Act Suits," American Bar Association Center for Continuing Legal Education – A National Institute on the Civil False Claims Act and Qui Tam Enforcement, 1998 (with George J. Terwilliger, III)
"The EEC Legislative Process – An Evolving Balance," 27 Colum. J. Transnat’l L. 679, 1989

Speaking Engagements
Panelist on "Strategies for Risk Management in the Current Economic Environment," Corporate Fraud & Risk Conference Series, Boston, March 15-16, 2010
"Foreign Corrupt Practices Act Enforcement: Issues, Trends and Observations" annual law conference organized by PhRMA, the trade association for the pharmaceutical industry, New York, April 27, 2006
"Conducting Internal Corporate Investigations and Complying with Data Protection Laws – Can a Corporation Do Both Effectively?" ABA Section of International Law, Fall Meeting, London, October 3, 2007
Panelist on FCPA and global anti-corruption enforcement, National Public Radio, The Kojo Nnamdi Show, July 2007
"Emerging Issues Under the Foreign Corrupt Practices Act," sponsored by the District of Columbia Bar Association, March 23, 2006
"Protecting Rights and Maximizing Foreign Direct Investment: The Business Case for Legal Training in the New Europe and in Countries of the former Soviet Bloc," Anti-Corruption Law and Issues, June 9-10, 2005
"Regulatory Expropriations in International Law," New York University School of Law Conference, April 27, 2002

Languages
English
French

Citizenship
United States