David W. Simon is a partner with Foley & Lardner LLP and a member of the Government Enforcement, Compliance & White Collar Defense; Securities Enforcement & Litigation; and Antitrust Practices. He currently serves as the vice chair for Strategic Development of the firm's Litigation Department. Mr. Simon, a litigator with substantial experience conducting internal investigations, defending corporations in government enforcement actions, and representing corporate clients in state and federal courts, devotes much of his practice to helping corporate clients manage crises that potentially give rise to government enforcement actions. The Foreign Corrupt Practices Act (FCPA) is a principal focus of Mr. Simon's practice. A frequent author and speaker on the FCPA and anti-corruption issues, he has been recognized for his extensive experience in the field. Mr. Simon counsels clients on FCPA issues that arise in their operations, assists clients in the development and implementation of anti-corruption compliance programs, advises clients on third-party anti-corruption due diligence, conducts internal investigations into FCPA and other anti-corruption issues, and defends corporate clients in government enforcement actions that arise from potential FCPA violations. Mr. Simon also focuses on the defense of False Claims Act investigations initiated and cases brought by the United States government and defends companies against FCA claims brought in qui tam lawsuits. Much of his False Claims Act practice is devoted to representing health care providers in investigations and lawsuits in federal and state courts. Significant representative matters include: · Conducting an internal investigation into potential FCPA violations arising out of the business practices of a client's agent in Indonesia; · Conducting an internal investigation and providing compliance advice in connection with potential bribes paid by a manufacturing company's representative office in China; · Defending a medicare administrative contractor in a qui tam lawsuit relating to allegedly fraudulent outlier payments; · Conducting an internal investigation into a bank's management of its troubled asset portfolio; · Conducting a 10-country investigation into potential SEC rules violations by affiliates of a professional services firm; · Participating in a global anti-corruption compliance review for a large, multi-national corporation; · Representing the Commissioner of Major League Baseball in connection with Senator George Mitchell's investigation into the use of steroids and other illegal performance enhancing drugs in baseball; and · Representing a manufacturing client in connection with FCPA issues arising out of a former subsidiary's business practices in China, including conducting an internal investigation, coordinating a voluntary disclosure to the SEC and DOJ, and negotiating a resolution with the enforcement authorities. Mr. Simon graduated with honors from the University of Wisconsin - Madison (B.A., 1989), and from the University of California - Berkeley, Boalt Hall School of Law (J.D., 1994), where he was elected to the Order of the Coif and was a member of the California Law Review. He joined the firm after a judicial clerkship with the Honorable Robert W. Warren, U.S. District Court for the Eastern District of Wisconsin. Mr. Simon has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and currently serves as a member of the white collar editorial advisory board of Law360. Mr. Simon's publications include: · "Minimizing FCPA Risk for Private Equity Investors," Association for Corporate Growth's eNewsletter, March 1, 2011 · "Can I Save This Agent? Analyzing a Company's Liability for an Agent's Actions Under the Foreign Corrupt Practices Act," Bloomberg's White Collar Crime Report, November 5, 2010 · "No Doctoring the Books," Medical Device and Diagnostic Industry, May 31, 2010 · "Revisiting Multinational Corp. Compliance Programs," International Trade Law360, April 12, 2010 · "Staying Off the Radar in China: Avoiding Prosecution Under the U.S. Foreign Corrupt Practices Act," Foley & Lardner Legal News: China Quarterly Newsletter, Eye on China, August 3, 2009 · "Record-Setting Enforcement Action Against Siemens Offers Lessons in Foreign Corrupt Practices Act Compliance," BNA's Prevention of Corporate Liability, March 16, 2009 · "The Rise In Litigation From FCPA Enforcement," Securities Law360, February 9, 2009 · "Clinical Integration: A Guide to Working With The Federal Trade Commission to Enhance Care Through Pro-Patient, Pro-Innovation, Pro-Efficiency Provider Networks," Health Lawyers Weekly, January 30, 2009 Mr. Simon is admitted to practice in both Wisconsin and the District of Columbia. (Also at Washington, D.C. Office) |