Practice Areas & Industries: Manatt, Phelps & Phillips, LLP

Practice/Industry Group Overview

Manatt’s Corporate Investigations and White Collar Defense lawyers have a proven track record of success in defending clients in high-profile investigations and prosecutions.  Companies and their executives regularly call on us to represent them in complex criminal, regulatory and congressional matters, as well as in the parallel civil litigation that often accompanies those inquiries.

Talented and Experienced Defense Lawyers Backed by Deep Industry Expertise

Our team includes numerous experienced lawyers who previously have served as federal or state prosecutors, federal public defenders, SEC officials and high-level White House and congressional staffers.  Our team also includes lawyers with significant experience in crisis management and in dealing with the media.  Because our lawyers have such varied backgrounds, we are an ideal choice for corporate and individual clients facing scrutiny from federal or state prosecutors, the SEC or FINRA, federal or state inspectors general, state attorneys general, Congress or a well-coordinated plaintiffs’ bar. 

In addition, Manatt has a well-deserved reputation for industry expertise.  The firm has deep substantive experience in fields such as Banking and Finance, Securities, Healthcare, Pharmaceuticals, Corporate Transactions and Government.  These long-standing firm practices offer our Corporate Investigations and White Collar Defense lawyers an unparalleled ability to draw upon the expertise of other firm lawyers when necessary.

Services Available

Aggressive Representation of Clients

Our lawyers provide aggressive and effective representation at all stages of the criminal, regulatory and congressional process.  Our number one goal is to quickly resolve problems without indictment, inquiry or enforcement action.  When that is not possible, we zealously represent our clients through the investigation and trial phases, and through sentencing and appeal where necessary.  We have particular expertise representing clients in investigations by Congress, state legislatures, inspectors general and state attorneys general, forums that often have unique rules and procedures and that must be navigated by experienced and knowledgeable lawyers.

Our skill as courtroom advocates is well known.  We are not afraid to try cases that should be tried, and prosecutors and regulators know that.  As a result, we are often able to obtain favorable outcomes for our clients short of trial. 

Expertise in Internal Investigations

Prosecutors and other government investigators expect companies to conduct credible internal investigations after problems are uncovered.  We have the experience and expertise to conduct these reviews quickly and quietly, and then to help clients determine whether and how to present the review’s findings to the government.  Along the way, we help clients navigate difficult issues like privilege and indemnification of employees.  And, where corporate reforms are necessary following a review, we assist clients in drafting and implementing compliance programs to ensure that problems are avoided in the future.

Crisis Management and Defending the Client’s Reputation

For both corporate and individual clients a key concern is minimizing the reputational effects of a government inquiry.  Manatt lawyers understand that a favorable outcome for our clients means vindication not only in the court of law but also in the court of public opinion.  If authorized by a client, our lawyers are comfortable working with public relations specialists or directly with the media to minimize harmful publicity or to level the playing field of public opinion on issues that affect our representations.  We also understand that, in some instances, clients will want to speak publicly about a matter in order to minimize reputational harm and that those needs must be balanced against a lawyer’s common desire that clients not speak publicly at all.

Representative Matters

§         Representation of a foreign financial institution in a federal criminal investigation of alleged tax evasion and money laundering by U.S. taxpayers.

§         Representation of the former CEO of a publicly traded company in an investigation of alleged stock option backdating by federal prosecutors and the SEC, as well as in parallel civil class action litigation.  The criminal prosecution ended in a highly unusual deferred prosecution agreement with DOJ and the SEC, and civil charges were settled on highly favorable terms.

§         Representation of the CEO of a publicly traded real estate company on stock fraud charges.  After a four-month trial in federal court in Manhattan, our client was acquitted of all charges.

§         Representation of multiple employees of a failed financial institution in an investigation by federal prosecutors into the institution’s failure.

§         Representation of executives of pharmaceutical companies in investigations by federal prosecutors in multiple jurisdictions into alleged off-label promotion.  The investigations resulted in a highly favorable misdemeanor plea for a client in one case and no other charges against any other executives in the remaining cases.

§         Representation of a corporate officer in a federal investigation into alleged violations of the Export Control Act.  The case resulted in a favorable plea agreement for our client.

§         Representation of a financial institution in an investigation by the New York State Attorney General into alleged fraudulent practices.  No charges were brought against our client.

§         Representation of the former Chief of Staff to the Governor of New York State in parallel inquiries by the Albany County District Attorney’s Office, New York State Legislature and the New York State Commission on Public Integrity into alleged misuse of government resources.  No criminal charges were filed and the client obtained a favorable settlement of ethics charges against him.

§         Representation of former high-level official of the Department of Health and Human Services in an investigation by a committee of the United States House of Representatives.

§         Representation of healthcare providers in an investigation by a committee of the United States House of Representatives.

§         Representation of a Select Committee of the Connecticut General Assembly during the impeachment of then Governor John G. Rowland.  The Governor resigned during the pendency of the inquiry that we led.