Other Internal Corporate Investigations and Board Representations
A sample of representative matters includes:
· Represented public company Board of Directors in landmark derivative action that defined a director’s duty of care in detecting illegal conduct of corporate employees and a “safe harbor” regarding personal liability. In re Caremark International, Inc. Derivative Litigation, 698 A.2d 959 (Del. Ch. 1996).
· Represented outside directors in derivative actions arising from chemical company’s involvement in multiple international cartel prosecutions and investigations.
· Investigated accounting firm’s alleged involvement in Parmalat fraud and collapse.
· Retained by Board of Directors of a major trading exchange to investigate senior executive conduct potentially in breach of fiduciary duties.
· Represented several witnesses and a subject regarding state and federal allegations that San Diego Retirement Board members were bribed to under-fund pensions.
· Investigated accounting treatment of royalty and dividend income from Chinese manufacturing joint venture for the European parent of a U.S. company.
· Defended director and officer conduct in multiple bank, savings and loan, and brokerage collapses litigated by RTC, FDIC, and FSLIC.
· Represented multiple boards in investigating false invoicing schemes involving employees or suppliers.
· Conducted internal investigation of major U.S-based money transmitting business.
· Conducted hiring practices audit of a newly acquired U.S. company to determine compliance with U.S. immigration laws.
· Investigated U.S. government allegations of money laundering against a U.S. public company in connection with payments made to buy-out certain Russian partners.
· Investigated gray market telecom practices and allegations of funding Hezbollah for a U.S. telecommunications company.
· Investigated internal affairs of a telecommunications company controlled by the Russian government to develop claims of fraud and abuse of minority shareholder rights.
· Investigated ownership and activities of partners of a U.S. investment fund in transportation business.