Formidable Experience and Deep Bench Strength. With more than 100 lawyers, King & Spalding’s government investigations practice is anchored by our large Special Matters Team. A “major player in the market” (Legal 500), the team is made up of lawyers dedicated full time to white-collar criminal defense, civil and regulatory investigations, and corporate internal investigations.
Led by the former Assistant Attorney General in charge of the Department of Justice (DOJ) Criminal Division, the practice also includes an Assistant Attorney General in charge of the Civil Division, an acting U.S. Deputy Attorney General, a Chief of Staff to the Attorney General, a Regional Director of the Securities and Exchange Commission’s (SEC) Northeast Regional Office, an Assistant Director of the SEC’s Enforcement Division, the Inspector General of the Department of Defense, the United States Attorneys from four different districts, supervisors from multiple U.S. Attorneys’ Offices including both the Southern and Eastern Districts of New York, and numerous Deputy Assistant Attorneys General from DOJ’s Criminal, Civil, and Antitrust Divisions.
These expert professionals are complemented by other seasoned lawyers who have devoted their careers to government and internal investigations, including over 40 former federal prosecutors and other senior enforcement officials. Together, they have earned King & Spalding recognition as “the premier firm in this practice area” (U.S. News & World Report/Best Lawyers).
Broad Geographic Reach. Our government investigations practice’s experience is deep but also expansive, with attorneys throughout the United States—New York, Washington, D.C., Atlanta, Houston, San Francisco, Charlotte, Austin, and Silicon Valley—and across the globe—London, Paris, Moscow, Singapore, and Tokyo.
We have handled investigations before 73 of the 93 U.S. Attorney’s Offices in the United States and every litigating division of the Justice Department. We have likewise appeared before the SEC in Washington, D.C. and all 12 of its Regional offices, as well as before all its specialized enforcement units.
We routinely appear before Congress and myriad Departments and U.S. government agencies, including the CFTC, FINRA, IRS, HHS OIG, FDA, ICE, EPA, OFAC, OCC, NHTSA, PCAOB, the Federal Reserve, State Attorneys General, and other enforcement and regulatory entities at the federal and state levels.
Recent and current representations have involved a number of foreign authorities and international enforcement organizations, including the Swiss Financial Market Supervisory Authority, the UK Serious Fraud Office, the UK Financial Conduct Authority, German BaFin, the Brazilian Federal Prosecution Office, the Securities & Futures Commission of Hong Kong, Transportation Canada, and the World Bank, among others. Clients turn to us for representation—in internal probes and in cases involving government authorities—with respect to multinational investigations involving: Angola, Antarctica, Argentina, Armenia, Australia, Austria, Azerbaijan, Bangladesh, Belgium, Benin, Brazil, Brunei, Bulgaria, Burkina Faso, Cameroon, Canada, Cayman Islands, Central African Republic, Chile, China, Colombia, Croatia, Czech Republic, Democratic Republic of the Congo, Dominican Republic, Ecuador, Egypt, France, Gabon, Germany, Ghana, Greece, Guinea, Hong Kong, Hungary, India, Indonesia, Iraq, Israel, Italy, Ivory Coast, Japan, Kazakhstan, Kenya, Lebanon, Liberia, Macedonia, Malaysia, Mali, Mauritius, Mexico, Montenegro, Morocco, the Netherlands, Niger, Nigeria, Peru, Poland, Portugal, Republic of Congo, Romania, Russia, Saudi Arabia, Senegal, Serbia, Singapore, Slovakia, South Africa, South Korea, South Sudan, Spain, Switzerland, Thailand, Togo, Tunisia, Trinidad and Tobago, Turkey, the United Arab Emirates, the United Kingdom, Uganda, Ukraine, Venezuela, Vietnam, and Western Sahara.
Strategic and Seasoned Approach to Government Investigations. Building on our experience both inside the government and as defense counsel, the Special Matters team has a well-earned reputation for “excellent credibility before the agencies across a broad swathe of white-collar matters” (Legal 500). Recognized as “very strategic” (Chambers USA), we leverage this credibility and experience to deliver favorable results for clients in myriad industries and geographies.
We regularly prevail prior to litigation and without unwanted publicity. When necessary and strategically sensible, however, we also fight in court at the administrative, trial, and appellate levels. In those situations, we draw on our crisis management expertise, and we fight to win.
- Allianz Global Investors
- Bank of America
- Boehringer Ingelheim Pharmaceuticals
- Credit Suisse
- CVS Caremark
- Deutsche Bank
- Ernst & Young
- Estate of Joe Paterno
- FanDuel and DraftKings
- Française des Jeux (French National Lottery)
- General Motors
- Governor Chris Christie of New Jersey
- Huntington Ingalls Industries
- Johnson & Johnson
- Kimberly Clark
- Lockheed Martin
- Seaboard Corp.
- Sears Holdings Corp.
- Shire PLC
- SunTrust Banks
- Vascular Solutions
- Wells Fargo
- King & Spalding represented Credit Suisse with respect to DOJ’s multi-year investigation of U.S. tax and securities law violations through the Swiss banking industry’s assistance to U.S. tax evaders, which resulted in a historic global settlement. King & Spalding also represented Credit Suisse with respect to the parallel investigations (now resolved) by the SEC, the Federal Reserve, the New York State Department of Financial Services, and the U.S. Senate Permanent Subcommittee on Investigations.
- King & Spalding represented medical device manufacturer Medtronic in an industry-wide global Foreign Corrupt Practices Act (FCPA) investigation, which involved several non-U.S. countries. King & Spalding conducted the internal investigations necessary to respond and dealt closely with DOJ and the SEC. In 2013, the SEC and DOJ both informed Medtronic that they would be closing their investigations of the Company without pursuing any enforcement action, charges or sanctions against the Company.
- King & Spalding is representing a major national financial institution in connection with subpoenas issued to multiple banks by DOJ (pursuant to FIRREA) concerning residential mortgage-backed securities. Separately, King & Spalding represented that institution in responding to first a criminal, then a civil FIRREA investigation, securing first a criminal declination, then a termination of the civil investigation as well. Finally, King & Spalding has represented the same client in extensive False Claims Act litigation stemming from its home mortgage lending program.
- King & Spalding represented Allergan, Inc., in a civil and criminal investigation concerning sale of Allergan’s flagship product Botox® for therapeutic indications not approved at the time by the FDA. This matter involved then-novel First Amendment challenges to the government’s off-label enforcement regime. While this matter was globally settled in 2010, the First Amendment arguments developed in the case have since been adopted by other pharmaceutical companies seeking to challenge the government’s controversial enforcement regime.