Grand jury and subpoena response
Scope negotiation, privilege review and production on a schedule that does not concede more than the subpoena actually demands.
White-Collar Defense
Representation of companies and individuals in federal investigations, grand jury proceedings and parallel regulatory actions.
Our view of this work
The first call usually comes on a Friday. What happens in the next seventy-two hours, who speaks, what gets preserved, what gets said to the workforce, shapes the case more than anything that happens at trial.
What this covers.
Individual representation
Officers and employees carried through interviews, proffers and immunity discussions, with counsel who is theirs alone.
FCPA and sanctions
Cross-border investigation, voluntary disclosure analysis and remediation built to earn actual declination credit.
Parallel proceedings
Criminal, civil and regulatory tracks managed as one strategy, so a concession in one forum does not surface in another.
Compliance remediation
Programme redesign, monitorship negotiation and the reporting that closes out a deferred prosecution agreement early.
Trial
When a resolution is not available on acceptable terms, we try the case. Our trial team has not been outsourced.
Representative matters.
Prior results do not guarantee a similar outcome. Client identities are withheld where the engagement requires it.
All results- Secured a declination for a public company client following a voluntary disclosure of payments made through a foreign distributor.
- Represented a senior executive through a two-year federal wire fraud investigation that closed without charges.
- Negotiated a deferred prosecution agreement terminated ten months ahead of its stated term.
Questions we are asked.
We have received a subpoena. What should we do first?
Preserve. Issue a litigation hold immediately and suspend any automatic deletion. Do not begin interviewing employees before counsel is engaged, because those conversations may not be privileged in the way you expect. Call us before the return date, not near it.
Can you represent both the company and its executives?
Usually not, and we will say so early. Where interests may diverge we represent the company and help arrange separate counsel for individuals. Pretending a conflict does not exist costs far more later than acknowledging it on day one.
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Talk to Desmond.
The first conversation about a white-collar defense matter is with the partner who would run it, and it is not billed.