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 and international arbitration practices and a member of its global risk management committee. Darryl is the immediate past Global Chair of the firm's white collar practice, a position he held for seven years. Darryl brings decades of experience and seasoned judgment to bear representing and advising leading global corporations and financial institutions as well as foreign states and state entities in significant, complex white collar criminal or regulatory investigations and civil disputes resolved through international arbitration or litigation.

Darryl's white collar experience includes conducting internal corporate investigations and representing and advising US and foreign multinational companies and financial institutions, 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, the US Securities and Exchange Commission and other US and non-US enforcement authorities. He has substantial experience in matters involving the US Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, including conducting risk assessments and creating and assessing compliance and training programs as well as conducting and evaluating anti-corruption due diligence and compliance in the context of foreign investments and mergers and acquisitions.

Darryl has substantial experience representing and advising private parties and state entities in international commercial and investor-state 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 includes disputes related to mining, concessions, joint ventures, privatizations, and construction, and advising various clients in connection with claims at the International Court of Justice and under treaties for the protection of investments.

Darryl's litigation experience includes representing and advising corporations, corporate boards and committees, and financial institutions in actions involving fraud, securities, accounting, regulatory and shareholder derivative and corporate governance issues.

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
District of Columbia Bar
New York State Bar
Virginia State Bar
US District Court for the District of Columbia
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US District Court for the Eastern District of Virginia
US District Court for the Western District of Virginia
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Ninth Circuit
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

Darryl's White collar representations include:

Microsoft Corporation in an FCPA investigation
Representation of Microsoft Corporation and Microsoft Hungary in connection with FCPA investigations by the DOJ and SEC related to operations at MS Hungary resolved by negotiated resolutions with each authority.

Multinational corporation in a fraud investigation
Representation of a publicly traded multinational e-commerce company before the SEC in connection with suspected fraud and accounting irregularities at the company's subsidiary in Latin America.

Global bank in an investigation related to benchmark interest rates including LIBOR and EURIBOR
Representation of a publicly-traded European 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.

Bank in the "Panama Papers" investigation
Representation of a bank in connection with a DOJ investigation of potential money laundering related to the "Panama Papers."

Private equity fund in an internal FCPA 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.

Audit Committee of industrial manufacturing company in a fraud investigation
Representation of the audit committee of an industrial manufacturing company in connection with the investigation of alleged misappropriation of company assets by members of senior management.

Audit Committee of telecom company in an FCPA investigation
Representation of the audit committee of a publicly traded, multinational telecommunications company before the DOJ and the SEC in connection with the audit committee's independent investigation into possible FCPA violations related to the company'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.

Energy company in an FCPA investigation
Representation of a publicly-traded global energy company in an FCPA investigation related to its operations in South America.

State-owned entity in criminal and regulatory investigations
Representation of a state-owned defeasance entity in connection with investigations by US criminal and bank regulatory authorities related to the alleged fraudulent acquisition of junk bonds and insurance assets of a failed California insurance company.

Chemical company in a False Claims Act investigation
Representation of a multinational chemical company in a DOJ investigation into possible violations of the False Claims Act and US Customs laws regarding the import of products into the US.

European bank executive in MLAT proceeding
Representation of a senior European bank executive in connection with testimony under a Mutual Legal Assistance Treaty between the United States and an EU Member State;

 

Darryl's international arbitration representations include:

Gabriel Resources Ltd. In Gabriel Resources Ltd. v. Romania, an ICSID arbitration of investment treaty claims against Romania relating to one of the largest undeveloped gold projects in the world;

ICL Europe in an UNCITRAL Rules arbitration administered by the Permanent Court of Arbitration of investment treaty claims against Ethiopia relating to treatment of investment in a potash mine project;

Gold Reserve in Gold Reserve Inc. v. Bolivarian Republic of Venezuela, an arbitration before ICSID's Additional Facility under the Canada-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, 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, 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, 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;

A Central Asian State's Ministry of Privatization in an arbitration before the Stockholm Chamber of Commerce related to a public-private joint venture with a Swiss investor.

Advising various 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's litigation representations include:

Global bank in a class action litigation
Representation of a global financial institution in a 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.

State-owned entity in a civil fraud litigation
Representation of a state-owned entity in a US civil fraud action related to the alleged fraudulent acquisition of assets of a failed California insurance company.

Investment banks in a securities class action
Representation of a consortium of investment banks in a federal securities class action alleging '33 and '34 Act violations in connection with a secondary public offering by a circuit board manufacturer.

Energy company in False Claims Act litigation
Representation of a publicly traded energy company in claims under the False Claims Act related to the payment of royalties on oil extracted from federal land

Special litigation committee of power company in a shareholder derivative matter
Representation of an independent Special Litigation Committee of the Board of Directors of a publicly traded power company in connection with a shareholder derivative demand alleging that the company had breached its fiduciary duties in respect of compliance with debt covenants and executive compensation

Special litigation committee of media and communications company in a shareholder derivative matter
Representation of an independent Special Litigation 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 from complex accounting and revenue recognition issues.

US Presidential Inaugural Committee
Representation of the Committee in a challenge to the constitutionality of prayer at the Presidential inaugural ceremony;

A publicly traded company in a federal civil fraud and breach of contract action
Representation of an acquirer in suit arising out of accounting issues discovered in post-closing due diligence following a negotiated acquisition;

A publicly traded transportation company in post-verdict proceedings
Representation of a transportation company in a challenge to a jury verdict resulting in the set-aside of the then largest personal injury verdict in Virginia history.

Speaking Engagements

Panelist on "Winning the Board Over: Interfacing with Boards of Directors in Good Times and Bad", at the 38th Annual FCPA Conference, hosted by ACI; Washington, DC, December 2, 2021

Speaker on "Developments in US Anticorruption and Other Criminal Law," Conference on Anticorruption in Russia and the CIS, Moscow, Russia, November 13, 2014

Panelist on "How Long Is the Arm of US Law", White & Case Seminar Series, London, England, November 11, 2014

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

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

Publications

In Re Boeing emphasises risk-based governance, August 2022 (co-author with Courtney Hague Andrews)

Do BITs and bytes bite? Investment treaty arbitration for technology disputes. White & Case Tech Newsflash, July 2022 (co-author with Abby Cohen Smutny, Ank Santens, Aalok Sharma, Brody Greenwald, Paula Henin)

How to Manage the Risks of SPAC Securities Fraud Actions in 2022, Client Alert, March 2022 (co-author with Andrew Hammond, Tami Stark, Joel Rubinstein, Tom Enering, Gabriella Klein, Alexander Self)

The Complimentary Roles of the European Public Prosecutor's Office and the European Anti-Fraud Office, Client Alert, February 2022 (co-author with Courtney Hague Andrews, Ludovic Malgrain, Jean-Pierre Picca, Karl-Jörg Xylander, Marika Fain)

In re Boeing Decision Underscores Need for Risk Based Corporate Governance, Client Alert, October 2021 (co-author with Courtney Hague Andrews, Stephanie Silk Cunha, and John Hannon)

European Public Prosecutor's Office Launches Operations, Client Alert, June 2021 (co-author with Courtney Hague Andrews, Ludovic Malgrain, Jean-Pierre Picca, Tine Schauenburg, and Karl-Jörg Xylander)

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 (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

Awards and Recognition

Litigation Star Award, Benchmark Litigation 2018

Chambers USA, International

Chambers Global, Public International Law

Euromoney's Expert Guides, The Best of the Best – USA – Commercial Arbitration

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

Euromoney's Benchmark, General Commercial Litigation

Legal 500 USA, International Arbitration

The Best Lawyers in America, International Arbitration