White Collar Criminal Defense and Corporate Investigations

Orrick's White Collar Criminal Defense and Corporate Investigations practice group is well-known for representing clients in high-profile white collar criminal cases and regulatory defense matters. With nine former Assistant United States Attorneys, three former Securities and Exchange Commission Enforcement Division attorneys, and two former state prosecutors, Orrick’s White Collar Criminal Defense and Corporate Investigations team has experience on both sides of the hearing room to provide companies and executives worldwide with advice and counseling at every stage of criminal or parallel civil proceedings.

Members of Orrick's White Collar Criminal Defense and Corporate Investigations practice group have been honored and recognized in publications such as Chambers USA, The American Lawyer, The National Law Journal, The Daily Journal and CFO magazine.

Our lawyers have been quoted and mentioned in the Wall Street Journal, New York Times, Washington Post, Financial Times, Bloomberg News, San Jose Mercury News, Compliance Week, New York Law Journal, Legal Times, The Daily Journal, The Recorder, Corporate Crime Reporter, Andrews White-Collar Crime Reporter, Washingtonian magazine and other media outlets.

Our Services

Our services include:

Advising companies and individuals in criminal and regulatory inquiries
Conducting audit committee and other internal investigations
Evaluating, establishing and implementing corporate compliance programs
Advocating clients' interests within the U.S. Department of Justice, state and local law enforcement offices, and before regulatory agencies

How We Provide Value

Choosing Orrick for white collar defense and government investigations also means choosing:

Track Record

Orrick’s White Collar Criminal Defense and Corporate Investigations team has a successful track record both as prosecutors and defense lawyers, including trials in federal and state courts, grand jury investigations and SEC, DOJ and other regulatory inquiries. We have negotiated with authorities on behalf of numerous individuals and companies to achieve successful outcomes in enforcement and compliance matters, many of which are never publicized.

Relationships

Regular interactions and collegial relationships with judges, federal and state prosecutors and regulators have helped Orrick’s White Collar Criminal Defense and Corporate Investigations team develop a level of respect and credibility which encourages fair treatment of clients.

Resources of a Large Firm

To address the urgent timing and complexity of these matters, the White Collar Criminal Defense and Corporate Investigations team can draw upon the resources of more than 300 litigators as well as dedicated legal assistants and staff in extensive discovery efforts, internal investigations and preparations for trial, and administrative and congressional hearings.

Legal and Strategic Crisis Communications

Under attorney-client privilege and work-product protection, a team of Orrick's lawyers with public relations experience has developed a unique capability to help clients manage media and messages in the midst of high-profile litigation, including white collar defense and regulatory matters.

Recent Engagements

Trial Success

Orrick's lawyers obtained the complete acquittal of the former CFO of McKesson HBOC of charges of criminal conspiracy and securities fraud in which he faced up to 25 years in prison and $2 million in fines, if convicted. This was a rare defeat for the U.S. Department of Justice in its prosecution of corporate defendants. The Orrick team and defendant made a strategic decision to waive a jury trial and try the case in front of the bench. This acquittal was featured when Orrick was profiled in The National Law Journal's "Defense Hot List."

Stock Options Backdating

Orrick's lawyers represent several companies and numerous senior executives in the recent wave of stock options backdating investigations initiated by the SEC and the offices of the U.S. Attorneys for the Northern District of California and Southern District of New York, as well as internal investigations initiated by directors and executives not currently under government scrutiny.

Internal and Government Investigations

Orrick's lawyers represented the audit committee of a multinational telecommunications company in investigating possible violations of the Foreign Corrupt Practices Act. The investigation has covered China, Mongolia, India, Thailand, Viet Nam, Taiwan, Japan and Haiti, among other countries.

Orrick's lawyers represented an energy company in criminal and civil investigations by the Department of Justice Enron Task Force, SEC, CFTC and FERC in connection with natural gas market manipulation allegations arising out of California's energy crisis.

Orrick's lawyers conducted an internal investigation for a hedge fund related to possible employee misconduct regarding insider trading.

Orrick's lawyers conducted an internal investigation for a financial services company concerning allegations of improper trading activity.

Orrick's lawyers conducted an internal investigation of the New York branch of a foreign bank regarding possible fraudulent investment activities.

Representation of CEOs, CFOs and other Senior Employees

Orrick's lawyers represented the former Chairman and CEO of a medical equipment manufacturer in connection with investigations by the Department of Justice and SEC arising out of revenue recognition irregularities.

Orrick's lawyers represented the former CFO of a Fortune 100 pharmaceutical company in connection with criminal securities fraud charges by the United States Department of Justice and parallel SEC enforcement action.

Orrick's lawyers represented employees of a Korean DRAM chip manufacturer in connection with a criminal price fixing investigation by the United States Department of Justice, Antitrust Division.

Orrick's lawyers represented a publicly traded company in an investigation by the New York Attorney General's Office concerning the allocation of IPO shares.

Orrick's lawyers represented senior executive of a Philippines telephone company in connection with criminal price fixing investigation by the United States Department of Justice, Antitrust Division.

Orrick's lawyers represented the CFO of an apparel manufacturer in a securities fraud investigation by the SEC and the Department of Justice following an earnings restatement.

Orrick's lawyers represented a large investor in a market manipulation investigation by the SEC and the Department of Justice concerning a publicly traded Internet company.

Orrick's lawyers represented a defense contractor in an investigation by the Department of Defense/DCIS and Department of Justice concerning procurement fraud.