White Collar, Regulatory, and Government Investigations
Rimon’s regulatory and government investigations attorneys assist clients with regulatory compliance, internal and government investigations, and, where necessary, white collar civil and criminal defense, both in the United States and in foreign jurisdictions.
For our clients based or doing business in the United States, we advise on compliance and enforcement issues under the Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA), the Real Estate Settlement Procedures Act (RESPA) and the Occupational Safety and Health Act (OSHA), the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, Sarbanes-Oxley, ERISA and the USA PATRIOT Act, among others. We have represented both individuals and companies in investigations and proceedings conducted by federal and state agencies including the Securities and Exchange Commission (SEC), the U.S. Drug Enforcement Administration (DEA), the U.S. Department of Justice (DOJ), the U.S. Federal Bureau of Investigation (FBI), the Financial Industry Regulatory Authority (FINRA), and others.
Internationally, our team has extensive experience advising major companies in connection with compliance and regulatory issues in the EU, UK, China, Russia, and other jurisdictions.
In addition to advising clients in connection with active government investigations and litigation, our attorneys also conduct internal investigations for corporate boards and committees on issues such as whistleblower allegations, improper conduct by board members and misuse of shareholder funds, and help our clients to draft compliance programs to proactively minimize the possibility of future issues.
- Represented a global health care/medical device company in connection with parallel investigations by the SEC and the DOJ into alleged violations of the FCPA in multiple countries around the world. Helped the company resolve the inquiry through a non-prosecution agreement and settled enforcement actions with the SEC and the DOJ.
- Represented a US$72 billion retail drug store chain in an investigation by the Missouri Attorney General’s office for alleged deceptive trade practices relating to the advertising, marketing and sale of merchandise. The matter was resolved with no fine or payment made by the client.
- Represented a regional hospice system in responding to a criminal and civil investigation by the DOJ, the U.S. Attorney for the Western District of Missouri, the OIG, and the FBI for alleged violations of the False Claims Act in the submission of claims for Medicare reimbursement. The federal government declined to file any criminal charges and the civil matter was subsequently resolved through a mutually-agreed-upon monetary settlement with no exclusion or debarment.
- Resolved enforcement investigations by SEC and state regulators against a hedge fund and obtained favorable modifications of a subsequent SEC enforcement order.
- Counseled an institutional investor on Regulation M compliance procedures in response to FINRA inquiries.
- Represented Bloomberg L.P. before the Federal Communications Commission in connection with claims of competitive harms arising out of the merger of Comcast with NBC Universal.
- Represented a pharmacy and its pharmacist in a criminal investigation by the DEA and the DOJ into allegations that the pharmacist violated federal laws regarding the delivery of certain controlled substances. The government ultimately proceeded only with a misdemeanor charge against the entity, with a fine amount agreed to by the parties.
- Served as counsel for a radiologist in connection with criminal and civil investigations by the DOJ, OIG, and FBI of numerous physicians, as well as large public health system, for alleged violations of the False Claims Act.
- Advised a public company in connection with a FINRA investigation of third-party trading activity in advance of public offering.
- Represented a high-level employee in one of the nation’s leading research institutes who was subpoenaed to testify before a grand jury investigation into weapons of mass destruction.
- Defended a commercial and residential home building company and its president in responding to a criminal investigation by the DOJ and the FBI involving claims of mortgage fraud and conspiracy relating to several hundred homes built and sold by the company.
- Defended a U.S.-based payday lender and its related companies in an FTC investigation into multiple alleged violations of federal law with respect to its loan origination and debt collection processes. The government closed the investigation with no charges filed or monetary payments made by clients.
- Responded to FEC allegations that a high-net-worth individual made a political contribution exceeding US$1 million through, and in the name of, another individual.
- Counseled a high-net-worth individual and his multiple companies in connection with an IRS Global Financial Crimes Unit investigation arising after the IRS declined to allow the client into the IRS Offshore Voluntary Disclosure Initiative.
- Acted as counsel for one of the largest secondary metal recycling companies in the Midwest and its owners in a multi-jurisdictional criminal investigation by the IRS and the FBI, among others, for alleged violations of various state and federal laws, and defended the company in a civil lawsuit arising from the investigation.
- Represented a certified steel erector company that specialized in the installation of structural steel, joists and girders in responding to federal criminal charges resulting from the death of an iron worker, allegedly due to OSHA violations.
- Advised a public company in connection with an internal investigation of U.S. Foreign Corrupt Practice Act and U.K. Bribery Act allegations.
- Conducted an internal investigation into allegations of ‘‘kick back’’ payments for referrals from a Florida community hospital to home health agencies and adult living facilities.
- Conducted an internal investigation into a shooting death on a university campus. The decedent was allegedly involved in a carjacking when confronted by University police. An altercation ensued which resulted in the use of deadly force to subdue the suspect. Our work for the university included assisting the local police department with its investigation into the conduct of university police, and its submission of evidence to a grand jury. The investigation also looked at potential civil liability of the university and whether university police policies and procedures were adequate to ensure student safety.
U.S. Regulatory and Compliance
- Served as a global apparel retailer’s e-commerce and regulatory compliance counsel for the U.S. territory, including data privacy policies, labeling regulations, import, export, and shipment laws, contracting, and consumer safety issues.
- Regular representation of numerous investment management clients on all aspects of securities regulation, including under the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, Sarbanes-Oxley, ERISA and the USA PATRIOT Act.
- Provided advice to a hedge fund regarding the applicability of the Investment Advisers Act to cryptocurrency.
- Represented a family of venture funds in connection with the restructuring of the fund following the ouster of the fund’s former manager, who was charged with investment fraud by the SEC.
- Counseled the founders of an investment advisor on corporate governance issues and the sale of their equity ownership.
- Represented Menlo Equities and its investment funds in connection with Dodd-Frank Act compliance.
- Counseled a newly public company on 10b5-1 plans and private sales by insiders and venture funds.
- Counseled a public company on remedial action for director short-swing profit disgorgement.
- Counseled a pension fund on its review of insider trading compliance best practices and procedures.
- Advised a financial institution on responding to third-party requests for non-public representations under the Dodd-Frank Act.
- Represented The Berkshire Bank in connection with Volcker Rule compliance.
- Advised an agency of the Malaysian government regarding the application of FinCEN and SEC regulations to $200M in asset-backed loans against government real estate in London and in the U.S.
- Counseled industrial technology companies on establishing SEC conflict minerals compliance programs and reporting.
- Advised foreign private issuers on cross-border regulations for communicating with U.S. shareholders.
- Represented a Boston investment bank in the formation of two multi-national multi-tiered master-feeder hedge fund structures in compliance with the Investment Advisers Act, Investment Company Act, Securities Act, Securities Exchange Act, CFTC rules and other regulatory requirements.
- Represented a China-based public company with U.S. operations in Regulation S and Regulation D offerings for multiple U.S.-based real estate projects seeking offshore investors in connection with the EB-5 program.
International Regulatory, Compliance, and Government Investigations
- Represented a multibillion-dollar technology company in connection with an NDRC anti-monopoly investigation. The investigation was terminated.
- Advised VEON’s subsidiary Global Telecom Holdings on potential money laundering offense issues under UK and EU law.
- Represented a major shipping company on its Russian joint venture, including a cartel investigation of its activities by the Russian Antitrust Agency.
- Represented IBM as counsel leading a team to provide the company with comprehensive legal services related to Chinese government and regulatory matters.
- Represented Mattel in connection with product recall and related investigations by local product safety regulators and customs for export in China during its global recall.
- Represented major investment funds, including State Street Global Advisors, MacKay Shields, Natixis, WisdomTree Investments, and others in connection with Chinese regulatory issues.
- Advised a leading multinational pharmaceutical company on structuring the relations with Russian distributors and antitrust law issues.
- Advised a leading global producer of denim apparel on restructuring its distribution chain in Russia and antitrust law issues.
- Advised one of the largest shipping companies in the world on various aspects of operations of its Russian joint venture, including cartel investigation of its activities by the Russian Antitrust Agency.
- Represented Deutsche Bank AG, London Branch, Goldman Sachs International and UniCredit as global coordinators and joint bookrunners, and Espirito Santo Investment Bank, PKO Bank Polski and Société Générale as joint bookrunners, on U.S. securities law issues related to accelerated bookbuilding by the State Treasury and Polskie Inwestycje Rozwojowe S.A. for the shares of PGE S.A. for a total price of PLN 1.32 billion.
- Advised various clients on implementing and operationalizing the GDPR, CCPA and evolving state and federal privacy regulations.
- Represented Promontory Capital Group in communications and discussions with the Central Bank of China for the establishment of an RBM settlement center in the United States.
- Represented Mead Johnson in connection with Chinese regulatory matters including a price fixing investigation, manufacturing compliance and permitting, and legislative commenting with regard to new legislations to be issued.
- Represented DBX Advisors LLC in connection with regulatory issues related to the firm’s operations in China.
- Advised a major Israeli nonprofit on establishment of its Russian subsidiary and compliance with applicable regulations.
- Advised an American global aerospace company in connection with the creation of assembly capabilities in Russia and various regulatory issues.
- Represented sellers of Facebook, Twitter, SolarCity, DropBox, Zynga, Bloom Energy, Gilt Groupe, and Etsy in private stock transactions with buyers in India, Saudi Arabia, Spain, Greece, England, Ireland, France, and Germany, which involved securities laws in each jurisdiction.
- Advised a major Chinese mobile communications company in legal and regulatory risks in the U.S. and European markets.
- Represented a title company in a complex title/escrow RESPA and UCL action in federal and state court, including defeat of class action and successful appeal of summary judgment to Ninth Circuit.
- Defended a US-based payday lender and its affiliates against a class action complaint filed under the TCPA on behalf of a certified class of about 100,000 cell phone users. Successfully moved for summary judgment on all claims, avoiding potential statutory damages of between US$50 million and US$150 million.
- Obtained four complete defense verdicts on behalf of a nationwide mortgage lender (more than US$1 billion in closed loan volume) in civil jury trials alleging mortgage fraud, violations of RESPA and conspiracy with a mortgage broker and others to inflate appraisals to defraud homeowners in mortgage transactions.
- Obtained a complete defense civil jury verdict on behalf of a gasoline and convenience store retailer with US$10 billion in sales that was sued for malicious prosecution and false imprisonment as a result of criminal activity at one of its 660-plus stores in the United States.
- Obtained a complete defense civil jury verdict on behalf of a supermarket chain with US$7.6 billion in sales that was sued for malicious prosecution and false imprisonment as a result of criminal activity at one of its 235-plus stores in the United States.
- Obtained an early dismissal for a national retailer in a consumer class action alleging deceptive pricing, false advertising and unfair competition under California Business & Professions Code Section 17200 and 17500 and California Civil Code Section 1750 (CLRA).
- Represented a large retailer in multiple nationwide and state class actions, and in multiple individual actions alleging wage and hour violations.
Attorneys in Rimon’s White Collar, Regulatory, and Government Investigations Team
Steven M. Aaron
Litigation, White Collar, Regulatory, and Government Investigations
Stephen Díaz Gavin
International, Litigation, White Collar, Regulatory, and Government Investigations
Litigation, White Collar, Regulatory, and Government Investigations
Litigation, White Collar, Regulatory, and Government Investigations