Darryl Lew

Partner, Washington, DC

Biography

“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 Lew is a partner in the firm's white collar practice and a member of its global risk management committee. Darryl is the immediate past head of the firm’s global white collar practice, a position he held for seven years. Darryl focuses his practice on white collar and compliance matters, and dispute resolution through arbitration and litigation.

Darryl's white collar experience includes conducting internal corporate investigations and representing and advising US and foreign multinational companies and their governing boards and committees 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 assessments and compliance audits, as well as conducting and evaluating anti-corruption due diligence and compliance in the context of foreign investments and mergers and acquisitions.

Darryl's litigation experience includes representing and advising clients in actions involving fraud, securities, accounting, regulatory and shareholder derivative and corporate governance issues.

Darryl has substantial experience representing and advising private parties and state entities in domestic and international arbitrations and has been recognized in leading guides such as Chambers Global, Chambers USA, Best Lawyers in America, and Euromoney for his expertise in international arbitration. Darryl's arbitration experience has included disputes related to concessions, joint ventures, privatizations, and construction.

Chambers and other guides to the legal profession have described Darryl as "tenacious, thoughtful and pragmatic" and as someone 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."

He 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 and various bilateral investment treaties.

Darryl 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 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 and Recognition

Litigation Star Award, Benchmark Litigation 2018

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 2009–2017