Crisis Management Matters
Members of our team have handled the following matters:
- representation of a major mortgage lender, its chief executive and its board during the widely publicized subprime/mortgage crisis. Akin Gump’s nearly four-year representation included investigations by the multiple congressional committees.
- representation of a major utility provider in crisis management related to an accident and the subsequent congressional oversight and investigation of underlying causes and safety practices.
- representation of multiple leading defense contractors in a number of investigations and congressional hearings scrutinizing allegations of fraud and waste in connection with Iraq-related contracts and conduct.
- representation of the chief executive officer of a major insurance and financial services company in regulatory and congressional investigations as well as derivative and ERISA litigation stemming from the credit crisis and consequent federal intervention. This high-profile investigation included one of the first hearings related to the financial crisis of 2008 and, in many respects, set the table for the dialogue – legal, regulatory and otherwise – that would follow.
- representation of a drug compounding center in connection with House and Senate Committee investigations related to a much publicized 2012 outbreak of fungal meningitis.
- representation of an industrial manufacturer confronting litigation related to a highly publicized grand jury investigation arising from allegations that the company made false statements to the federal government in connection with the manufacturing and distribution of highway products; We represent the company in several related state attorney general investigations and serve as lead counsel coordinating the company’s legal strategy as it responds to these investigations, related federal and state qui tam actions, product liability actions, securities litigation and potential congressional inquiries.
- defense of a prominent hedge fund portfolio manager in parallel criminal and SEC insider trading cases, and in related class action litigation, arising from the use of an expert network. The case attracted significant media attention and presented complex legal and reputational issues. The criminal and civil enforcement actions were resolved in coordinated negotiated settlements, and we achieved dismissal of the class action lawsuit.
- representation of a leading financial institution in cross-border, multi-jurisdictional investigations of conduct in the spot FX market. This investigation is global in scope and requires coordination with multiple regulators around the world; effective teamwork with co-counsel in Europe, Asia and the Americas; and attention to evolving and complex legal and compliance issues.
- defense of a multibillion dollar hedge fund and its founder in a significant insider dealing enforcement proceeding by U.K. authorities that raised novel issues related to distinctions between U.S. and U.K. securities laws. This case attracted significant media attention and presented reputational and investor relations issues, as well as challenging questions arising from cross-border enforcement.
- representation of a major EPC company in a number of interrelated investigations regarding a large government contract, including responses to DOJ-issued Civil Investigative Demands, congressional investigations with Senate hearings and a Department of Energy Inspector General investigation.
- representation of a large dietary supplement company in the midst of DOJ and state criminal investigations, national class action litigation, House and Senate investigations and negative TV and print media stories. We served as national coordinating counsel on all fronts leading media response and crisis communications, criminal defense, civil defense and congressional hearings. We developed effective real time media campaign to blunt ABC’s 20/20 negative coverage and brought successful trade libel action against the ABC affiliate in Boston for false and misleading reporting.
- representation of a U.S. senator in parallel investigations conducted by the Senate Ethics Committee, the DOJ and the Federal Election Commission (FEC)
- representation of a member of Congress in investigations being conducted by the House Ethics Committee and the DOJ
- representation of a former White House chief of staff and other White House staff in Whitewater and Campaign Finance Task Force investigations conducted by congressional committees, the DOJ and state enforcement officials
- representation of a national law firm in high-profile parallel inspector general and congressional investigations
- representation of a public relations firm in multiple investigations conducted by a congressional committee and the DOJ related to its representation of a foreign government
- representation of a university in an internal investigation regarding allegations of financial impropriety
- representation of a state government agency in connection with allegations of financial misconduct by state employees
- representation of a member of Congress in a case before the House Ethics Committee involving an alleged violation of House rules in connection with contacts with federal banking agencies on behalf of constituents
- counsel to a national accounting firm and a major investment firm in connection with multiple congressional and government investigations arising out of the 2008-09 financial crisis
- representation of a former CFO of a financial services company in connection with multiple government investigations, parallel civil litigation and related trustee investigations
- member of a three-person outside committee to review the internal ethics policies of a $30 billion truck-stop company following government investigations of the company’s customer rebate practices. The committee’s findings and recommendations were issued in a report that was shared with the DOJ and played a role in the agency’s decision to not pursue enforcement action