Top companies and senior executives rely on Ashurst Perkins Coie to navigate high-stakes investigations, regulatory enforcement actions, and related disputes and litigation.
Our global team of professionals have obtained outstanding results in sensitive investigations and regulatory enforcement matters about all forms of corporate and employee misconduct, including declinations with no charge, reversals on appeal, nonprosecution agreements, and deferred prosecution agreements. Many of our best outcomes remain confidential because they resulted in no public disclosure.
Our lawyers regularly handle matters before criminal and regulatory enforcement authorities around the globe, including the U.S. Department of Justice, SEC, the U.K. Financial Conduct Authority, the Serious Fraud Office, the Commodity Futures Trading Commission, Office of Foreign Asset Control, Federal Reserve, FTC, IRS, Financial Industry Regulatory Authority (FINRA), state attorneys general, and district attorneys. Our courtroom wins have spanned trial and appellate courts around the world.
Strategic counsel beyond the investigation
We know that an investigation is just one part of a broader picture. Our team provides incisive advice considering all relevant legal, reputational, commercial, and disciplinary issues and consequences.
Guiding clients through regulatory scrutiny
Our team frequently deals with regulators and enforcement agencies across the globe on a wide range of complex investigations and enforcement activity, enabling us to help clients navigate regulatory investigations and to mitigate and manage risks and outcomes.
Coordinated, rapid response across jurisdictions
Where an investigation crosses borders, we provide a coordinated, global response with a team of multilingual investigators across various jurisdictions. We regularly assemble experienced teams at short notice to respond to your urgent needs and can provide ongoing support with triaging and managing investigations at scale.
Remediation and improving compliance
We work closely with you to execute remediation efforts and identify trends that may require action or offer opportunities to improve internal systems and controls.
How we can help
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Regulatory investigations
Read moreRegulatory investigations
We conduct internal investigations and represent corporate and individual clients in regulatory investigations worldwide. These matters involve securities and commodities laws and a broad range of allegations, including insider trading, bribery and corruption, money laundering, economic sanctions, wire fraud, cybercrime, economic espionage, embezzlement, the False Claims Act, antitrust and unfair competition, congressional inquiries, and workplace conduct issues. For related capabilities, visit our Securities Litigation and Regulatory Compliance & Disputes practices.
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Securities and commodities enforcement
Read moreSecurities and commodities enforcement
Our team includes former SEC enforcement branch chiefs, former government lawyers, and other experienced practitioners who counsel clients in U.S. Department of Justice and SEC investigations involving complex trading practices and platforms, securities and commodities markets, digital asset and cryptocurrency products, private funds, and related issues. We have also helped shape government regulatory and legislative approaches to blockchain and cryptocurrency. For related capabilities, visit our Securities Litigation practice.
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Anti-bribery and corruption
Read moreAnti-bribery and corruption
Our international investigation teams partner with clients to analyze bribery and corruption, whether revealed by whistleblowing, an issue spotted through a routine audit, or prompted by a regulator or prosecutor.
Facing a local or cross-border bribery and compliance investigation requires advisers who know the law and can also offer broader reputational and crisis management strategy. Clients turn to us to conduct internal investigations, defend in enforcement proceedings, and resolve government inquiries.
We assist companies with embedding an anti-bribery and corruption compliance culture by designing compliance programs, developing a workable international framework, and providing internal audit and monitoring programs and training. We advise on proportionate, risk-based due diligence of contractual partners and third-party due diligence, and the inclusion in contracts of tailored anti-bribery and corruption warranties and indemnities as well as audit, investigation, and termination rights. -
Economic sanctions
Read moreEconomic sanctions
Our team represents clients in matters before OFAC, OFSI, HMRC, and the U.K. National Crime Agency, including both voluntary disclosures of breach and investigations. We monitor legal and political developments to provide up-to-date responses to help navigate the continually changing sanctions framework. We work with clients from diverse sectors, including financial services, retail, commodities, oil and gas, infrastructure, transport, telecommunications, and media. For related capabilities, visit our Regulatory Compliance & Disputes practice.
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Royal commission and commissions of inquiry
Read moreRoyal commission and commissions of inquiry
We advise on the complex issues these matters present, including large-scale document collection and production, witness preparation, hearing strategy, and the political and reputational risks that often accompany them.
Our experience includes advising clients on the strategic, substantive, and procedural issues that commissions, inquiries, and investigations raise for organizations and their personnel. We also assist with detailed document collation, coordination with counsel, preparation of witnesses for difficult appearances, attendance at hearings, media-related considerations, and advice on the consequences of inquiry findings and outcomes. -
Monitorships and independent compliance consultancies
Read moreMonitorships and independent compliance consultancies
We understand the complexity of independent evaluation and oversight and the importance of maintaining credibility throughout the process. Courts, federal agencies, and state bars have recognized our firm for trusted, ethical counsel and selected our team for high-profile monitorships, compliance consulting engagements, and receivership assignments. We approach each matter with independence, efficiency, and practical coordination with company management, while fulfilling government expectations.
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Fraud investigations
Read moreFraud investigations
In the digital age, fraud risk has accelerated, and it is critical to have fraud mitigation measures and continuous monitoring in place to address new challenges successfully.
We represent clients in investigations involving fraud and advise on practical solutions. Our work includes counseling multinational corporations, financial institutions, and government entities on internal investigations into suspected fraudulent activity, defending clients in criminal fraud matters before enforcement authorities, and advising on litigation strategy in related civil actions. We are adept in developing litigation and other strategies to remediate complex fraud schemes. We routinely handle high-stakes disputes, pursuing strategic remedies such as significant damages, injunctive relief, and independent oversight measures.
Our global fraud and asset recovery team can assemble an experienced team at short notice to conduct a fraud investigation or obtain urgent injunctive relief in jurisdictions all over the world. -
Cartels and antitrust investigations
Read moreCartels and antitrust investigations
We assist immunity applicants in global cartels, help clients minimize follow-on litigation and class-action liability, and advise executives and boards on responding to whistleblowers and investigations. For related capabilities, visit our Antitrust & Competition practice.
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Market and sector investigations
Read moreMarket and sector investigations
We execute remediation efforts when investigations reveal the need for action and identify trends that may call for changes to internal systems and controls. For related capabilities, visit our Antitrust & Competition practice.
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Cybercrime investigations
Read moreCybercrime investigations
With a team that includes former U.S. Department of Justice national security officials, cybercrime prosecutors, and a member with the Certified Information Systems Security Professional (CISSP) credential, our bench includes lawyers with knowledge relevant to every stage of an incident response, from preparation to lessons learned, as well as post-breach regulatory inquiry and litigation. While not every breach requires notification or disclosure, each one requires an individualized response tailored to the facts and an evaluation to minimize the risk of future breaches. For related capabilities, visit our Regulatory Compliance & Disputes and Privacy & Security practices.
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Environmental compliance and enforcement
Read moreEnvironmental compliance and enforcement
Our services cover issues related to water and air quality, hazardous substance management, and compliance with permits. Our lawyers are well-versed in compliance and enforcement strategies and have significant experience negotiating with agencies like the U.S. Department of Justice, Environmental Protection Agency, and other federal, state, and local bodies. We also defend clients against enforcement actions under the Clean Air Act, Clean Water Act, and other laws.
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Anti-money laundering
Read moreAnti-money laundering
Businesses face evolving anti-money laundering enforcement across jurisdictions, driven in part by the growing influence of international and supranational bodies. Our team advises clients on anti-money laundering and terrorist financing requirements, with a practical focus on industry-specific risks, program design, training, and controls testing. We also counsel clients in domestic and cross-border money laundering investigations and prosecutions, with careful attention to the strategic and commercial implications of each matter. For related capabilities, visit our Financial Regulations practice.
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False Claims Act (FCA)
Read moreFalse Claims Act (FCA)
We handle bet-the-company cases involving billions of dollars in claims. We also have significant depth in FCA counseling for defense contractors, healthcare companies, and individuals. For related capabilities, visit our Regulatory Compliance & Disputes practice.
Professional experience
- Conducted internal investigation for U.S. auto manufacturer related to potential consumer protection violations and negotiated resolution with state and federal authorities.
- Conducted internal investigation for food manufacturer related to potential federal and state consumer protection litigation.
- Investigate instances of potential employee misconduct for Fortune 100 technology manufacturer, coordinate forensic accounting analysis, and provide counsel regarding internal controls and remediation.
- Represented former CEO of global financial services company in a matter involving claims of market manipulation by the DOJ and Commodity Futures Training Commission.
- Represented numerous individuals and entities in various SEC insider trading investigations and obtained criminal declinations and/or “no admit, no deny” resolutions.
- Represented numerous entities in cryptocurrency investigations conducted by state and federal agencies, including 12 SEC investigations relating to whether entities raised funds through an unregistered public offering, or acted as unregistered broker-dealers or investment companies.
- Represented Fortune 100 company in DOJ and SEC investigations of alleged violations of the FCPA in multiple countries throughout the world.
- Conducted multiple internal investigations for Fortune 500 companies on FCPA, Travel Act, and bribery/corruption issues, and conducted FCPA compliance training for multiple multinational companies.
- Representing a leading South American sports production company in the DOJ’s FIFA investigation and prosecution, successfully securing and completing the first corporate deferred prosecution agreement in the case.
- Drafted and oversaw the implementation of an anti-corruption compliance program for an Africa-based construction company sanctioned by the World Bank for engaging in fraudulent business practices. Our client was released from sanctions at the earliest available release date.
- Engaged as an independent compliance consultant for a multinational financial institution in order to conduct an independent end-to-end trade surveillance program review in connection with settlements with multiple financial regulators including the Commodity Futures Trading Commission, the Office of the Comptroller of the Currency, and the Federal Reserve.
- Served as a lead counsel for an FCPA monitor appointed by the DOJ and SEC, to oversee, evaluate, and test the anti-corruption compliance program of a multinational company, pursuant to the terms of a deferred prosecution agreement.
- United States ex rel. Holmes v. Huntington Ingalls Incorporated and Northrop Grumman Corporation. Secured a significant victory for Huntington Ingalls Industries and Northrop Grumman Corporation when a Mississippi federal judge dismissed a $2.5 billion False Claims Act suit against our clients and disqualified the relator.
- United States ex rel. DeKort v. Northrop Grumman Shipbuilding, Inc. Successfully defended Northrop Grumman against claims that it violated the False Claims Act case in connection with the U.S. Coast Guard's Deepwater Program. The court granted Northrop Grumman's motion for summary judgment and dismissed relator's claim seeking $720 million in damages in connection with eight, 123-foot patrol vessels delivered to the U.S. Coast Guard.
- United States ex rel. Erickson v. University of Washington Physicians. Defended a high-profile Medicare fraud case involving teaching physician services provided to Medicare and Medicaid beneficiaries.
- United States ex rel. Grayson v. Genoa Healthcare. Defeated Medicare fraud and kickback allegations against a national chain of specialty pharmacies through waiver of co-payments and related allegations.
- United States ex rel. Prather v. AT&T Inc. Represented Sprint Nextel Corporation and Qwest Communications International in a qui tam lawsuit related to charges for wiretaps and other surveillance services.
- United States v. MD Spine Solutions LLC, D/B/A MD Labs Inc. et al. Successfully resolved an investigation led by the Office of the U.S. Attorney for the District of Massachusetts in parallel with numerous state attorneys general for alleged violations of the False Claims Act and the Anti-Kickback Statute based on a novel theory involving the reporting of test results for drug tests. The U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services were also involved, as was a qui tam.
- United States ex rel. Johnson et al. v. Therakos, Inc. et al. Successfully represented the client, the private equity owners of a medical device company, in a False Claims Act investigation involving the Office of the U.S. Attorney for the Eastern District of Pennsylvania and numerous state attorneys general alleging off-label promotion. The matter settled favorably at a small fraction of the amount initially demanded by the government.
- United States ex rel. Zemplenyi v. Group Health Cooperative. Successfully defended Medicare fraud and whistleblower retaliation claims brought by a staff ophthalmologist against a leading health maintenance organization related to allegedly unnecessary cataract surgeries.
- Represented Google in negotiating a nonprosecution agreement with the District of Rhode Island related to Canadian online pharmacy ads.
- Conducted an internal investigation for a major university into potential false claims violations relating to federal grant funding.
- Successfully represented the family trusts that held the value of one of the world’s largest privately held medical device manufacturers in the settlement of an investigation led by the Office of the U.S. Attorney for the District of Massachusetts that involved allegations of false claims based on kickbacks and improper marketing.
- Successfully represented a prime contractor in an investigation led by the Office of the U.S. Attorney for the Eastern District of Virginia relating to false claims by a subcontractor, resulting in no liability for our client.
- Represented a government contractor in an investigation conducted by an agency Office of Inspector General.
- Represented a defense contractor in an internal investigation regarding False Claims Act issues.
- Represented a healthcare device manufacturer in a government False Claims Act investigation.
- Advised government contractor regarding disclosure and reporting obligations, including in connection with the False Claims Act.
- Advising public companies on matters concerning supply chains (e.g., conflict minerals, anti-slavery reporting), safety, marketing, and environment.
- Counseled transnational company in a federal class-action lawsuit alleging the company’s anti-trafficking disclosures misled consumers.
- Represented (and represent) high-profile clients in multicontinent investigations and DOJ and SEC disclosures. Routinely collaborate with the firm’s dedicated Foreign Corrupt Practices Act and Anti-Corruption practice.
- Prepared California Transparency in Supply Chains Act and U.K. Modern Slavery Act disclosure statements for dozens of U.S. and foreign companies in a cross-section of industries.
- Routinely conduct anti-trafficking and anti-corruption investigations around the globe, including in Botswana, Brazil, China, Ethiopia, Ghana, Guinea, India, Indonesia, Kazakhstan, Liberia, Peru, Russia, Tanzania, Ukraine, and Uzbekistan.
- Represented and counseled individuals facing simultaneous actions by multiple regulators, including the SEC, Commodity Futures Trading Commission, Federal Reserve, IRS, Financial Industry Regulatory Authority, state securities regulators, and various state prosecutors.
- Represented an international financial institution in connection with the LIBOR rate-rigging investigation conducted by DOJ, False Claims Act, Serious Fraud Office, and the Commodity Futures Trading Commission.
- Represent numerous entities in cryptocurrency investigations being conducted by state and federal agencies, including the SEC. Handled 12 SEC investigations relating to whether various entities raised funds through an unregistered public offering, and whether they acted as unregistered broker-dealers or investment companies.
- Obtained a $14.8 million jury verdict on behalf of Ameritox Ltd. in unfair competition case in federal court in Tampa.
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Contact us
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Jessica Everett-Garcia
Partner, Division Co-Chair, Litigation, Investigations & Advisory
Phoenix
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