WilmerHale negotiated four FCPA settlements in a row between June and August 2016. The firm's DC practice had a hand in all of them.
In WilmerHale’s DC office, Howard Shapiro is a big name. Now the chairman of the litigation and controversy department, he formerly served as general counsel of the FBI and as an assistant US attorney in the Southern District of New York. Shapiro and Jamie Gorelick, a former deputy attorney general, represented BP after the Deepwater Horizon oil spill in 2010.
WilmerHale also boasts Kimberly Parker, who co-leads the firm’s FCPA and anti-corruption practice. In 2013, she and two New York-based partners wrote the guide Complying with the Foreign Corrupt Practices Act. Among Parker’s notable public cases is that of security company Armor Holdings, which in 2011 agreed to pay a US$10.3 million penalty to resolve charges that it had violated the FCPA.
Other important white-collar partners in the DC office include Ronald Machen, formerly the US attorney for the District of Columbia; and Matt Jones, who was chief of staff to Machen and his predecessor. Former Deputy Attorney General David Ogden is chair of the government and regulatory litigation practice group.
A further six partners in WilmerHale’s DC office advise on FCPA matters: Mark Cahn, Chris Davies, Brent Gurney, Mike Leotta, Matt Martens, and William McLucas, who is chair of the securities department. McLucas was one of the lead partners advising oilfield services company Key Energy on its US$5 million FCPA settlement with the SEC in August.
It should also be noted that many of the firm’s key FCPA defence lawyers, such as Roger Witten who recently advised software designer PTC on a foreign bribery resolution with the SEC, and Jay Holtmeier, who acted for medical device company Analogic on settlements with the DOJ and SEC, are New York-based.
That said, WilmerHale's DC office was involved in those cases, and has also assisted LATAM Airlines and Johnson Controls on recent resolutions. Johnson Controls became the third company to receive a declination from the DOJ under its FCPA pilot programme.
The firm continues to advise several unnamed financial institutions in relation to FCPA investigations into their hiring practices in Asia. Lawyers in DC helped New York-based Holtmeier with his representation of BNY Mellon, which settled in 2015 allegations by the SEC that it provided student internships to relatives of officials with an unnamed Middle Eastern investment fund.