Crisis Advisory Group

When legal crises develop, immediate and appropriate response is critical. Increased regulation and corporate government investigations are likely to continue introducing sweeping changes that pose serious risks for companies and their officers and directors. From whistleblower investigations to proxy fights and multi-billion dollar lawsuits, our Crisis Advisory lawyers help companies to understand and to appropriately respond -- to the board, shareholders, media outlets and federal and state regulatory agencies.

Cahill's Crisis group is led by David N. Kelley, the former United States Attorney for the Southern District of New York who oversaw some of the nation's most significant investigations and prosecutions involving white collar crime and terrorism (including the Justice Department's nationwide investigation into the 9/11 attacks). It also includes other former government attorneys and senior trial lawyers who excel in crisis situations where effective response to federal and state government agencies, regulatory agencies, and international regulatory authorities has been decisive. Our lawyers are also well versed in working with selected public relations firms to help our clients adopt a responsible media relations strategy and program.

Examples of our work include:

• Representation of numerous witnesses before Congressional committees on topics ranging from corporate scandals to regulatory initiatives affecting the capital markets.
• Representation of the new management team of WellCare Health Plans, Inc. in connection with ongoing matters relating to the consequences of alleged conduct by prior management, including ongoing investigations by the FBI, SEC and U.S. Attorney's Office.
• Representation of Standard & Poor's in connection with the investigation by and settlement with the Attorney General of New York relating to its ratings of securities backed by subprime mortgages.
• Representation of a leading global bank in multiple governmental investigations of tax shelter transactions.
• Defense of a national insurance broker in federal and state investigations arising from bribery of government officials by an officer, concluded with no charges filed against the company.
• Representation of numerous Fortune 50 companies in criminal Grand Jury investigations of alleged antitrust violations.
• Representation of newspaper reporters in confidential source investigations as part of a civil Privacy Act case brought by Wen Ho Lee.
• Obtained dismissal of all claims brought against a leading financial publisher in the multidistrict Enron securities litigation; also included work related to the investigation by the government's Enron Task Force and the criminal trials of Ken Lay and Jeff Skilling.
• Representation of two former WorldCom, Inc. directors in numerous federal and state actions filed on behalf of its shareholders, bondholders and ERISA plan participants.
• Representation of underwriters in Enron, WorldCom, Refco and other notable parallel private and governmental proceedings.
• Defense of a Fortune 500 manufacturer in an SEC inquiry and private securities class action arising from widely publicized reports alleging insider trading by senior executives.
• Representation of the second largest cable company in the U.S. in several nationwide subscriber class actions, which challenge its privacy policy, late fee billing practices and equipment charges, and also in separate contract disputes with several cable networks.
• Representation of financial services firms in governmental proceedings and parallel class actions involving alleged price fixing and securities law violations in OTC market making.