White Collar Team Prevails in Insider Trading Case
Named one of the nation’s top litigation departments in 2016 by The American Lawyer, and the winner of numerous litigation practice group awards, our litigators on both the East and West coasts and in offices worldwide have established a winning record across a variety of forums for our financial institution clients. We have particular strength in securities and other claims related to complex financial products; the full range of employment disputes, including novel Dodd-Frank and Sarbanes-Oxley whistleblower issues and high-profile discrimination claims; Bank Secrecy Act/Anti-Money Laundering (BSA/AML); and other white collar enforcement matters. We also offer a market-leading Supreme Court & Appellate practice.
A third of our global practice is dedicated to the financial services sector, enabling our litigators to draw on transactional teams with deep understanding of the products and market practices underlying the claims. With this insight, we focus on developing creative solutions – in and out of court.
The last thing any financial institution wants is a major litigation or regulatory problem. Our first priority is to help our clients avoid the distraction of litigation and regulatory disputes through prevention and early detection of issues. We help our clients do this, and correct potential issues, by developing compliance programs that are tailored to their specific situations.
We provide counsel on the many compliance areas affecting financial institutions, including regulations promulgated by the Securities and Exchange Commission (SEC), the Office of the Comptroller of the Currency (OCC), the Financial Industry Regulatory Authority (FINRA), the Financial Crimes Enforcement Network (FinCEN) and the Consumer Finance Protection Bureau (CFPB). We help our clients implement procedures to ensure effective compliance with Anti-Money Laundering, OFAC, and FCPA rules and regulations, and Sarbanes-Oxley Act whistleblower complaints. We bring vast experience as former regulators and prosecutors to this advice . Three members of our team are former prosecutors from the DOJ’s Fraud Section, the unit charged with enforcing the FCPA; one is a former Assistant Chief for FCPA Enforcement. The team also includes a former Deputy Chief for the DOJ’s Money Laundering & Bank Integrity Unit, the unit charged with Bank Secrecy Act criminal enforcement, as well as a former key advisor on the DOJ’s anti-money laundering policy, and former U.S. Attorneys for the Northern and Eastern Districts of California.
We work to help shape applicable laws and regulations through academic writing, public speaking and working with our Public Policy group to influence state or federal legislation. SIFMA and other financial market associations regularly call on us to write amicus briefs. And we authored the leading treatise on whistleblower defense, "Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era."
Even the best compliance programs cannot prevent all litigation. Our Chambers-ranked litigators defend private litigation, including major class action litigation, commercial disputes and securities litigation, and enforcement matters. Here are just a few of our recent engagements:
We are keenly aware of the challenging business and regulatory environment in which you operate. Our litigators will work with you to provide efficient delivery of legal services by ensuring that each matter is staffed leanly and appropriately and that fee arrangements offer optimal cost certainty and risk sharing. We offer sophisticated budgeting, monitoring and reporting tools to avoid surprises. We also offer a unique, cost-effective in-house Analytics operation based at our Global Operations Center in Wheeling, West Virginia.
Another pillar of our integrated financial services offering is our market-leading Employment practice. Our Employment practice has represented nearly every major financial institution in the world and many mutual funds, private equity funds and hedge funds. And we’re a go-to resource for SIFMA, the industry association, to prepare its amicus submissions on the employment law issues most important to the industry.
We have been recognized three times as an Employment Practice Group of the Year by Law360 and four times as the California Labor and Employment Department of the Year by The Recorder, and our Employment litigators are consistently top-ranked by Chambers and other peer directories. Our team has won time and again – often setting important precedents for the industry – in whistleblower, class action, high-profile discrimination, wage-and-hour, and other matters. In addition, we have conducted sensitive internal investigations at the highest levels, often involving C-suite executives, and at the direction of boards of directors. We also provide strategic advice to management and boards of directors on the most important employment issues facing financial services firms today. We are a global team, providing employment litigation and compliance advice in the United States and other major financial centers throughout Europe and Asia.
A few examples:
As one of the only Chambers-ranked appellate practices chaired out of New York, our Supreme Court & Appellate team is a natural leader in the financial services area. And in recognition of our coverage in this area, our Supreme Court & Appellate team is frequently called upon by other major law firms to handle some of the most complex financial services appeals. Chambers USA has recognized appellate talent at Orrick, describing the "brilliant analysis and judgment" and "perfect combination of persuasiveness, intelligence, wit and deference" that it takes to "mastermind" unlikely victories in cases involving "the most complicated legal or technological issues."
Our representations include:
Our practice spans most of the world’s key financial centers, and our lawyers in the U.S. and abroad regularly handle sophisticated matters for international banks and funds. We also help U.S. clients navigate the unfamiliar terrain of foreign tribunals and regulatory schemes.
In Europe, in particular, we are known for our compliance and dispute resolution teams. In France, our lawyers are counsel to the top French banks and funds in the highest-stakes matters. We recently obtained a "mega win" in a dispute known as L’affaire Tapie, representing Consortium de Realisation, the government-controlled entity liquidating the assets of Crédit Lyonnais, in one of the longest-running and most closely watched financial institution disputes in France’s recent history. Our Litigation team in France is rated among the elite by Chambers Global, which reports that we are an "acclaimed group with respected litigation practice" that "acts on shareholders' litigation, insolvency-related disputes and cases connected to debt refinancing." Our U.K. Litigation team advises on regulatory compliance and assists with internal investigations, including regularly supporting a Fortune 50 company in investigations in Europe and emerging markets. We’ve represented one of the largest creditors of Lehman Europe, and assist a Big 4 accounting firm with disputes arising out of the financial crisis.
In Italy, we are recognized as one of the top corporate governance advisors and are especially known for our compliance practice. Our Chambers-ranked lawyers are described as a "solid group advising on corporate crime and criminal liability as well as on the structuring and implementation of compliance programmes." Our team has assisted hundreds of Italian and international financial institutions and other clients in complying with Legislative Decree 231, which introduced the direct liability of corporate entities for crimes committed by directors, executives and their subordinates. For this work, we were named Corporate Law Firm of the Year in 2015 by Legalcommunity.