The White Collar Practice offers clients around the world first-rate skills in dealing with government investigations and enforcement matters. Our lawyers have substantial experience defending clients through all phases of investigations as well as criminal and civil enforcement proceedings. These capabilities are enhanced by the resources of a preeminent international law firm, including local law proficiency and familiarity with local enforcement authorities in major business centers around the world. Clients include large corporations, banks, and other institutions, as well as individuals prominent in business and political affairs.
Enforcement, Defense and Representation
The White Collar group serves clients around the world in civil and criminal matters. The common element is the involvement of a government agency engaged in fact-gathering or enforcement proceedings. The group is prepared to defend the interests of domestic and international clients, offering them immediate access to high-caliber legal counsel with substantial experience in complex as well as controversial matters. These include financial fraud, public and private corruption, money-laundering, securities fraud, environmental, tax and antitrust cases.
Client Investigations and Inquiries
The White Collar group also has substantial experience in conducting domestic and international investigations, including inquiries into suspect internal operations, investigations in support of due diligence projects, and fact-gathering for affirmative claims or litigation. Our experience includes investigations for corporate clients in the United States, Europe, the Middle East and Asia. The experience and background of our attorneys provides a basis for knowledgeable consultation on such sensitive issues as corrective actions and the advisability of voluntary disclosures. Our array of national contacts with recognized knowledgeable professionals and investigators in various fields allows us to call upon outside resources where necessary in a most cost-effective and efficient manner. The credibility of the Group’s senior leadership adds significant value to the product of this work.
The Growing Challenge of Coordinated Enforcement Activity
An important trend in business enforcement activity in the new decade is the rapidly increasing cooperation among national and multinational enforcement authorities. Officials in Washington, Brussels, London, Tokyo and other jurisdictions are sharing information at an unprecedented rate. In the United States, joint investigative and enforcement efforts between and among federal and state authorities are becoming commonplace. These matters are often pursued simultaneously in multiple jurisdictions and require a national and transnational network of legal resources to properly defend client interests. White & Case, with its substantial US domestic and global presence, is uniquely qualified to assist clients in this new and evolving enforcement environment.
Problem Solving Approach
Fundamental to the success of the group is the ability to provide clients with options for solutions to enforcement issues. Our primary objective is to resolve issues of potential criminal liability before charges are brought. In the civil enforcement context, we offer innovative options that allow our clients to minimize monetary exposure while simultaneously investing in preventive measures to avoid future liability. Our lawyers recognize the value of balancing cost/benefit concerns with an aggressive legal defense.
Grand Jury and Litigation Practice
When a preindictment resolution is not feasible or is not consistent with our client’s overall needs, we are fully prepared to defend the client’s interests vigorously in court. We offer substantial litigation experience in federal and state courts. Our attorneys have extensive grand jury, criminal trial and appellate experience. Likewise, we have extensive civil litigation experience, including under the federal False Claims Act and its "whistleblower" provisions. As authorities on criminal procedure and trial advocacy, our lawyers have authored works on a variety of enforcement and related issues.
Ongoing Preventive Assistance
An important goal of our White Collar group is to help our clients avoid dangerous and expensive exposure to criminal charges and civil liability before the culpable conduct occurs. To that end, we provide consultation and assistance to clients interested in implementing preventive measures such as internal compliance plans. We also routinely provide strategic advice on navigating federal regulatory schemes for a particular industry.
Substantive Areas of Representation
Over the past decade, the government's use of both criminal and civil enforcement mechanisms for the regulation of business activity has increased markedly. The government has also expanded the scope of corporate liability for the acts and omissions of its employees, as well as increased the prosecution of individual corporate officials. Our firm has successfully responded to these enforcement activities in a variety of substantive areas: antitrust; banking and finance; environmental issues; False Claims Act and procurement fraud; healthcare; securities enforcement; taxation; and technology.