Corporate Internal Investigations & Crisis Advisory
Cahill advises boards of directors, audit and special committees, and directors and officers of publicly held companies in significant corporate governance matters, including investigations and crisis situations.
We are often called upon to assist clients with particularly sensitive matters involving corporate governance and various types of alleged misconduct, including accounting fraud and earnings management, market manipulation, disclosure issues, insider trading and fraud. The firm is widely regarded for its ability to develop remedial and compliance plans that appropriately address potential liabilities and provide thoughtful, productive responses to governmental and regulatory inquiries, all while managing media and reputational impacts.
The Cahill team includes former federal prosecutors, alumni of the Securities and Exchange Commission (SEC), and other lawyers who joined Cahill following distinguished careers in the Department of Justice (DOJ) and other government agencies and commissions. Our team excels in crisis situations where effective response to federal and state government authorities and international regulatory authorities are so critical. Our lawyers are also well versed in working with trusted public relations firms to help our clients adopt a responsible media relations strategy and program.
Our lawyers have extensive experience conducting multinational investigations involving alleged violations of the Foreign Corrupt Practices Act (FCPA), the Bank Secrecy Act, commercial bribery laws, anti-money laundering laws and regulations of The Office of Foreign Assets Control (OFAC). We have managed investigations involving wire and mail fraud, healthcare fraud, tax fraud, alleged violations of the False Claims Act and those arising from computer hacking and data breaches. We also have a long track record conducting antitrust and price fixing investigations in markets including healthcare, pharmaceuticals, automotive, consumer goods, homebuilding, and tobacco, and also investigating allegations of harassment and other workplace misconduct.
We represent parties in proceedings before Congress, the SEC, DOJ, United States Attorneys' Offices, Department of the Treasury, Federal Trade Commission, Office of the Inspector General, State Attorneys General as well as the New York Stock Exchange, FINRA and other prosecutorial and regulatory agencies around the world.
Increased regulation and enforcement activity will continue to result in sweeping changes that pose serious risks for companies and their officers and directors. When such legal crises develop, immediate and appropriate responses are critical. From whistleblower investigations to proxy fights and multi-billion dollar lawsuits, our lawyers help companies respond appropriately to the board, shareholders, media outlets and federal and state regulatory agencies.
- Representation of Walmart’s Audit Committee concerning the multi-year investigation by the SEC and DOJ into the Company’s global FCPA compliance and allegations of corruption.
- Representation of HSBC Holdings plc, favorably resolving multi-year investigations by the DOJ, OFAC, Office of the Comptroller of the Currency, the Federal Reserve Bank, District Attorney of New York County, and the U.K. Financial Services Authority concerning various issues, including the bank's global dollar clearing services and Bank Secrecy Act compliance.
- Representation of 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 matters relating to the consequences of alleged conduct by prior management, including 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 several major banks in connection with SEC investigations and civil litigation arising out of the structuring and/or management of CDOs.
- Representation of Credit Suisse in connection with civil litigation relating to the setting of U.S. Dollar LIBOR.
- 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 responding to grand jury and trial subpoenas seeking confidential source information.