Darryl Lew | White & Case LLP International Law Firm, Global Law Practice
Darryl Lew
Darryl Lew

Darryl Lew

Partner, Washington, DC

“Tenacious, thoughtful and pragmatic attorney” with “a kind of immense integrity and engaging persona that makes him exactly the kind of person you would want to represent your own interests.”

Chambers USA

Overview

Darryl solves legal problems globally for corporations, their governing boards and senior executives by combining skill, judgment and experience in white collar and compliance matters, as well as dispute resolution by way of arbitration or litigation.

He supports white-collar clients, both US-based and multinationals, with internal investigations into civil and criminal matters involving corruption, including under the US Foreign Corrupt Practices Act (FCPA) fraud, accounting and regulatory issues. He also represents clients who face investigation or enforcement action by enforcement authorities, including the US Department of Justice, the US Securities and Exchange Commission (SEC) and the US Commodity Futures Trading Commission (CFTC).

Darryl also helps corporates set up robust compliance and training programs, conducts risk assessments and compliance audits, and evaluates their anti-corruption due diligence and other compliance matters, in the context of foreign investments and mergers and acquisitions.

Where arbitration is an option, Darryl comes highly rated. Chambers Global, Chambers USA, Best Lawyers in America and Euromoney all recognize his track record in international arbitrations that involve a variety of investments, concessions, joint ventures and privatizations.

Clients can count on Darryl's catalog of experience when litigation is the only resort. He has counseled and represented clients in trial and appellate matters involving fraud, securities, accounting, regulatory and shareholder derivative and corporate governance issues.

Bars and Courts

  • New York State Bar
  • District of Columbia Bar
  • Virginia State Bar
  • US District Court for the District of Columbia
  • US District Courts for the Southern and Eastern Districts of New York
  • US District Courts 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
  • Degree of Advanced European Community Studies, College of Europe, Bruges, Belgium
  • BA, King's College

Languages

  • English
  • French

Experience

Multinational FCPA violation investigation

Representation of a global technology company before the DOJ and SEC, in connection with an investigation into possible FCPA violations at one of its European subsidiaries.

Bank investigation into possible violations of federal and state law

Representation of a global financial institution before the DOJ and CFTC in connection with investigations into possible violations of federal and state antitrust and fraud laws, as well as the Commodities Exchange Act arising from the institution's activities related to benchmark interest rates including Libor and Euribor.

Private equity internal investigation

Representation of the Board of Directors of a private equity fund in an internal investigation into possible FCPA violations by a Latin American subsidiary of a US portfolio company.

Telecoms company in possible FCPA violations

Representation of the audit committee of a publicly traded, multinational telecommunications corporation in connection with DOJ and SEC investigation into possible FCPA violations related to the corporation's operations in Central and Eastern Europe.

Global Anticorruption Risk Assessment and Related Investigations

Representation of a publicly traded, multinational conglomerate in a global, risk-based FCPA compliance review of operations in over 70 countries and related internal investigations at numerous subsidiaries, including in the manufacturing, services and healthcare sectors.

International arbitration case over gold reserves

Representation of Gold Reserve in 'Gold Reserve Inc. v. Bolivarian Republic of Venezuela', an arbitration claim before the International Centre for Settlement of Investment Disputes (ICSID) under the Canadian-Venezuela bilateral investment treaty relating to one of the world's largest undeveloped gold/copper deposits, which resulted in one of the largest ICSID awards ever in favor of Gold Reserve.

Oil arbitration case

Darryl represented Jordan in 'Trans-Global Petroleum, Inc. v. The Hashemite Kingdom of Jordan', This ICSID arbitration sought to settle an issue relating to an oil concession contract under the US-Jordan bilateral investment treaty.

US-Romanian steel mill arbitration

Representing Romania in 'Noble Ventures, Inc. v. Romania', Darryl sought to settle an ICSID arbitration under the US-Romania bilateral investment treaty on a matter relating to the privatization of a steel mill.

ICSID BIT arbitration involving allegations of official corruption

Representation of 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.

Bank in class action litigation

Representation of a global financial institution in federal class action litigation involving allegations of violations of federal and state antitrust laws and the Commodity Exchange Act in connection with trading and other activities related to benchmark interest rates.

Utility company litigation

Acting for a Special Litigation Committee for the Board of Directors of a publicly traded utility, Darryl led a team investigating and evaluating a shareholder derivative demand alleging that the company had breached its fiduciary duties in respect of compliance with debt covenants and executive compensation.

Media and communications company litigation

Darryl acted for an independent committee of the Board of Directors of a publicly traded media and communications company investigating and evaluating a shareholder derivative demand alleging breaches of fiduciary duties arising from complex accounting and revenue.

Speaking Engagements

"Arbitration and Criminal Law", October 5, 2012: IBA Annual Conference,
Dublin, Ireland
, Panelist

"Strategies for Risk Management in the Current Economic Environment", March 15–16, 2010: Corporate Fraud & Risk Conference Series,
Boston
, Panelist

Publications

  • Global Investigations: Reading the Signals, Insight, October 2014, (co-author with James R. M. Killick, Nicole E. Erb, Charles Balmain and Michel Beaussier)
  • Independent Investigations: Why, When and How to Make Them Work, Directors and Boards Boardroom Briefing, October 2, 2007, (co-author 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, (co-author with George J. Terwilliger, III)

Awards & Recognition

Leading Lawyer, Chambers USA 2007–2014; Chambers Global 2013–2014

International Arbitration

World's Leading Commercial Arbitration Attorneys, Euromoney's Expert Guides 2014

Global Arbitration Review 100 2009-2013

The Best Lawyers in America, International Arbitration 2009–2010