Walter F. Brown Jr.

Partner
White Collar & Corporate Investigations

Walter F. Brown, Jr., a partner in the San Francisco office, is the Managing Director of Orrick’s five Business Units and a member of the firm’s Board. Mr. Brown is a seasoned trial lawyer whose practice focuses on white collar criminal defense, securities litigation and complex business litigation. He represents companies and individuals in connection with criminal and regulatory investigations, as well as parallel civil and administrative proceedings. Some of Mr. Brown’s most significant engagements involve sensitive matters resolved quietly, behind the scenes, without charges or litigation being filed against his clients. He has extensive experience in cases involving securities fraud, antitrust offenses, the Foreign Corrupt Practices Act, health care fraud, public corruption, government fraud and environmental crimes. Mr. Brown also is engaged routinely by public and private companies, and by audit and special committees of boards of directors, to conduct internal investigations.

Mr. Brown served as an Assistant United States Attorney in the Criminal Division of the United States Attorney’s Office for the Central District of California (Los Angeles) from 1989 to 1994, where he specialized in white collar criminal matters. During that time, he tried 20 felony cases to verdict in United States District Court and handled 30 appeals before the United States Court of Appeals for the Ninth Circuit.

Since 2005, Mr. Brown has been selected by Chambers USA as one of America’s Leading Lawyers in the area of White-Collar Crime and Government Investigations. The current online edition of Chambers USA presents Mr. Brown and Orrick’s White Collar practice in California in “Band 1,” the publication’s highest ranking. Interview sources have described him as a “highly qualified, energetic and active practitioner,” who has “‘built a fantastic practice’ in the white-collar sphere. One peer attests that ‘for corporate investigations, he is one of the best lawyers in the state.’” The National Law Journal named him one of the nation’s top litigators ("Winning" June 5, 2006). He also was featured as a top white collar attorney in the February 2006 issue of CFO Magazine.

Walter Brown
Some of his notable representations include the following.

Representative Securities Matters:
  • Representation of the former President of Countrywide Financial Corporation in connection with investigations by and litigation with the SEC and the California Attorney General, and related class action and derivative litigation.
  • Representation of the former CFO of McKesson Corporation in connection with criminal securities fraud charges by the Department of Justice, arising out of US$9 billion market cap loss following an earnings restatement.  After a six-week trial, the client was acquitted on all counts in the indictment.
  • Representation of multiple Board special committees in connection with internal investigations arising out of stock options issues.
  • Representation of public company in connection with internal investigation of alleged insider trading allegations relating to Galleon.
  • Representation of Director of Research of institutional money manager, AXA Rosenberg, in connection with SEC investigation of nondisclosure of errors in quantitative investment process, resulting in first ever individual cooperation agreement under SEC’s cooperation policy.
  • Representation of various hedge funds in connection with investigations by the Department of Justice, Securities and Exchange Commission, New York Attorney General and NASD concerning "market timing" and "late trading" in mutual funds.
  • Representation of the former Controller of Brocade Communications in connection with DOJ and SEC investigations, and derivative litigation, arising out of stock options issues.
  • Representation of former Chief Operating Officer of KLA Tencor in connection with investigations by SEC and DOJ, and derivative litigation, arising out of stock options issues.
  • Representation of President of private equity portfolio company in connection with SEC investigation involving alleged insider trading.
Representative Health Care Matters
  • Representation of home oxygen and sleep therapy company in connection with Medicare investigation by DOJ.
  • Representation of former executives and employees of a Fortune 100 pharmaceutical company in connection with off label marketing investigation by DOJ, and related civil proceedings, concerning heart failure drug.
  • Representation of the executives and employees of InterMune, Inc., in connection with investigation and prosecution by the San Francisco United States Attorney's Office concerning off label marketing of pulmonary drug.
  • Representation of executive of shipping company in connection with DOJ investigation of online pharmacies.
  • Representation of the Vice President of Clinical Affairs of a medical device company in connection with DOJ investigation concerning off label marketing of medical devices.
  • Representation of former Vice President of Regulatory Affairs of a medical device company in connection with DOJ investigation concerning falsification of test results.
  • Representation of a durable medical equipment company in connection with investigation by the California Attorney General concerning billing practices.
Representative Antitrust Matters 
  • Representation of executives of Korean DRAM manufacturer in connection with price-fixing investigation by DOJ Antitrust Division.
  • Representation of Taiwanese automobile lighting manufacturer in connection with price-fixing investigation by DOJ Antitrust investigation.
  • Representation of former executive of Japanese LCD manufacturer in connection with price-fixing investigation by DOJ antitrust Antitrust Division.,
  • Representation of an international bridge construction company in connection with DOJ Antitrust Division investigation of bid rigging allegations involving cable-stayed bridges.
  • Representation of executive of Japanese auto parts manufacturer in connection with price-fixing investigation by DOJ Antitrust investigation.
  • Representation of senior officer of technology company in connection with DOJ Antitrust Division investigation of bid rigging allegations involving multi-state payment processing contracts.
Representative FCPA matters: 
  • Representation of the audit committee of a telecommunications company in connection with internal investigation of alleged violations of the Foreign Corrupt Practices Act in China, India, Mongolia, Vietnam and Thailand.
  • Counsel to DOJ/SEC Compliance Monitor in connection with deferred prosecution agreement involving global medical device company arising out of FCPA violations in Greece.
  • Representation of Controller of pharmaceutical company in connection with FCPA investigation by DOJ and SEC.
Other Significant Matters

  • Representation of the CEO and other senior corporate officers of Solyndra, Inc., in connection with investigations by the DOJ and the United States Congress.
  • Representation of a Fortune 500 energy company in connection with investigations by the Department of Justice Enron Task Force, Securities and Exchange Commission, Commodity Futures Trading Commission and Federal Energy Regulatory Commission arising out of California's energy crisis.
  • Representation of public utility in connection with DOJ investigation of alleged Pipeline Safety Act violations, arising out of explosion of natural gas transmission pipeline.
  • Representation of senior executive of mortgage lender in connection with DOJ bank fraud investigation.
  • Representation of placement agent firm in connection with SEC and New York Attorney General “pay to play” investigation.
Admitted In
  • California
Court Admissions
United States Court of Appeals
  • Ninth Circuit
United States District Court
  • Central District of California
  • District of Arizona
  • Eastern District of California
  • Eastern District of Wisconsin
  • Northern District of California

Education
  • J.D., University of Notre Dame Law School, 1985
  • A.B., University of California, Berkeley, 1982
Honors
  • Designated a "National Litigation Star" by Benchmark Litigation, 2015 edition
  • Band 1 ranking by Chambers USA in California, White Collar Crime & Government Investigations. Recognized as a leader from 2005 to present.
  • Northern California Super Lawyer, 2006 to present
  • Winner of a 2013 International Law Office "Client Choice Award"
  • Named one of the nation's top litigators by The National Law Journal ("Winning" article)
  • Recognized as a top white collar attorney, CFO Magazine
  • Thomas J. White Scholar
  • Lead Articles Editor, Notre Dame Journal of Law, Ethics & Public Policy
Memberships
  • Board of Governors - Association of Business Trial Lawyers, Northern California Chapter (2014)
  • American Bar Association: Litigation and Antitrust Sections, Criminal Justice Section, White Collar Crime Committee
  • State Bar of California: Antitrust and Unfair Competition Section
  • State Bar of Arizona
  • Notre Dame Law School Advisory Council (April 2014 to present)
  • Board of Directors - Notre Dame Law Association (2009 - present)
  • Co-chair of the ABA Criminal Justice Section White Collar Crime Northern California Regional Subcommittee (2009-12)
  • Executive Board, Bar Association of San Francisco Criminal Justice Section (2009-11)

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