Litigation, Government Response, and Crisis Management

Relationships and collaboration

The LGRCM team leaders are well-versed in policy and well-connected with the policymakers across various government levels. We routinely utilize these connections in Washington, D.C. and the broader business community to benefit our clients.

We actively engage with and collaborate alongside our clients. The LGRCM team recognizes the importance of working together with our clients' Government Relations teams, in-house counsel, and other key stakeholders to create customized crisis-management strategies.

Aligned with Nelson Mullins' principles, the LGRCM team is continually working to enhance our service to clients. We are dedicated to:

• Fostering genuine connections with clients and among team members
• Delivering a unique and customized experience for clients
• Developing and supporting a diverse group of attorneys

Experience when it matters most

In today's fast-paced media landscape, marked by social media and continuous news coverage, swiftly and effectively managing crises is essential to address legal and reputational risks. Leaders from leading corporations rely on the LGRCM team for our proven expertise in crisis management and strategic response. Our method focuses on preventing and alleviating issues that could escalate into an enterprise-level risk.

Our capabilities include:

• DOJ, White House, Capitol Hill, and other government investigations and advocacy
• Internal investigations
• White collar criminal matters
• False Claims Act matters
• Consumer class actions
• Securities, M&A, and corporate-governance litigation
• Commercial litigation
• Contract disputes
• ESG litigation and compliance
• Appeals
• Employment disputes
• Public relations coordination/communication planning/branding
• Advice on strategic growth opportunities
• Development and implementation of compliance programs

Nelson Mullin's seasoned, interdisciplinary team collaborates closely with clients, offering guidance on a variety of critical issues. These include global crises spanning multiple jurisdictions, criminal and regulatory investigations at both state and federal levels, shareholder activism, #MeToo movements, Congressional probes, internal audits, cybersecurity threats, environmental incidents, and challenges in corporate governance.

We offer a deep bench of experienced litigators and white-collar lawyers to navigate our clients through even the most serious of crises. Our team holds significant experience representing clients before the DOJ, SEC, Fed, FTC, OCC, State AGs, Congress, and other authorities.

The following matters reflect the broad scope of the LGRCM team’s experience in litigation and investigations. This sample includes certain matters from team members before they joined Nelson Mullins.

To learn more about this practice group's experience, read more about attending Mark Grider's CLE, “Integrity Builds Trust: Ethics CLE."
 

Government Enforcement and Investigations

Federal Agency Subpoenas and Enforcement Actions

• Represented an individual in a global Foreign Corrupt Practices Act investigation of a major corporation.
• Represented a multinational company in a pending DOJ National Security Division investigation.
• Represented claimants in APA regulatory dispute with the Department of Health and Human Services.
• Represented an international Fortune 500 company on a trade sanctions matter brought by Office of Foreign Assets Control (OFAC).
• Represented a large regional hospital organization before HHS and CMS.
• Led an internal investigation for a Midwest nonprofit organization into allegations of possible leadership misconduct.
• Successfully represented a healthcare client in an opioid healthcare investigation in the Southern District of New York.
• Successfully represented clients before DOJ and FBI regarding complex cybersecurity matters.
• Successfully represented a CEO before the Department of Labor in an investigation involving possible ERISA violations.
• Resolved a dispute with state energy regulators on behalf of energy company concerning statutory interpretation dispute about proper classification of renewable tax credits.
• Represented universities, athletes and victims before Congress, law enforcement, and federal agencies in sexual harassment and assault investigations and crisis management.
• Advised clients on DOJ asbestos trust fund fraud, waste, and abuse strategies.
• Defended global bank in DOJ-imposed monitorship.
• Represent victim of sex trafficking at major entertainment company in SEC and DOJ investigations. 
• Represented former CEO of major energy company in connection with SEC and DOJ investigations.
• Represented hedge fund in Department of Labor investigation regarding ERISA matters.

Internal Investigations

• Conducted global investigation into bank’s tax and anti-money laundering issues revealed by the Panama Papers.
• Handled regulatory and internal investigations for multiple major banks relating to FX and benchmark-setting.
• Investigated financial frauds for bank and designed remedial anti-money laundering measures.
• Conducted investigation relating to alleged misconduct of public-company CEO.
• Conducted an internal investigation for a nonprofit organization concerning issuance of bonds and subsequent default.

Healthcare and False Claims Act

• Defended a major network of healthcare providers in successfully resolving False Claims Act allegations concerning billing practices.
• Represented a technology company in resolving a False Claims Act case alleging fraud against a federal agency.
• Drafted a qui tam complaint that received national media coverage and represented a relator in False Claims Act.
• Resolved state attorneys general action against a healthcare company providing N-95 masks and ventilators through state contracts during the COVID-19 pandemic.
• Represented a healthcare company in antitrust and regulatory disputes during the COVID-19 pandemic.

Congressional Investigations

• Represented multiple CEOs before the U.S. Senate Select Committee on Intelligence and the U.S. House Permanent Select Committee on Intelligence related to congressional investigation of potential Russian activities impacting the 2016 presidential election.
• Represented high-profile individuals before the DOJ investigation of the January 6 attack on the U.S. Capitol.
• Obtained successful outcomes for clients in congressional investigations before the U.S. House Intelligence Committee and other congressional oversight committees.
• Assisted and conducted investigations in two U.S. presidential impeachment trials – 1998 and in 2019.

Cross-Border Investigations

• Conducted an internal investigation for an aerospace manufacturer goods seized by border patrol with potential export controls and sanctions issues.
• Successfully resolved a contractual matter before the U.S. State Department for an international company with business in Qatar.
• Counseled a publicly traded Fortune 1000 company and trained employees on Foreign Corrupt Practices Act (FCPA) and U.K. Bribery Act compliance.

State Attorneys General

• Represent healthcare sharing ministry in consumer-protection class action and other litigation and State AG investigations.
• Advised a government contractor on alleged bribery investigation involving a state attorney general and inspector general.
• Represent healthcare sharing ministry before NY DFS and numerous State AGs and Insurance Commissioners.
• Successfully resolved state attorney general enforcement action under state False Claims Act.
• Resolved state attorneys general action against a healthcare company providing N-95 masks and ventilators through state contracts during the COVID-19 pandemic.

White Collar Criminal Defense

• Won full acquittal in a jury trial for a white collar defendant accused of embezzlement and theft from investors.
• Represented former CEO of major energy company in federal and state criminal actions.
• Represented a municipality in a federal corruption investigation, conducted witness interviews and internal investigation, and convinced federal officials that there was no liability.
• Defended a healthcare provider against Travel Act and wire fraud charges stemming from violations of state anti-kickback statutes. Drafted sentencing memo that avoided jail sentence in the face of sentencing guidelines in excess of 10 years.

Civil Litigation and Arbitration

Securities, M&A, and Corporate Governance Litigation

• Represented a former CEO in securities-fraud litigation, derivative suits, RICO actions, and other cases over a $10 billion nuclear megaproject; won motion to dismiss derivative case and settled other litigation.
• Represented Spirit AeroSystems in indemnity disputes with Boeing, Inc. related to spin-off agreement.
• Represented clearing house in FINRA broker-dealer dispute.
• Prompted voluntary dismissals of two securities-fraud cases motions to dismiss.
• Defended a major bank’s former private equity arm in settled litigation over aborted acquisition.
• Defended numerous corporate clients and investment banks in securities and M&A litigation.
• Advised clients on proxy contests, investor activism, takeover defense, and other corporate governance matters, with a focus on Delaware law.
• Litigated numerous cases in Delaware Chancery Court, including a lawsuit over a dilutive recapitalization and 9-figure litigation over a private equity investment.
• Prevailed in arbitration over sale of cryptocurrency business.
• Prevailed in arbitration on behalf of founders in earn-out dispute with acquirer of cryptocurrency exchange.
• Represented pharmaceutical royalty buyer in successful breach of good faith and fair dealing claim against international pharmaceutical company.
• Represented Fortune 500 company in an action in the Supreme Court of New York to foreclose on an equity interest in a major airline.
• Defended public company in enforcement action brought by the SEC alleging insider trading and failure of corporate accounting controls.
• Represented company seeking a preliminary injunction in the Supreme Court of New York to prevent foreclosure of its equity interest in a real property holding LLC.
• Defended underwriter in putative class action alleging in the Supreme Court of New York arising out of 2021 ViacomCBS public offering.
• Represented members of Delaware LLC in breach of fiduciary duty action against LLC manager.
• Represented member of Delaware LLC in action to enforce books and records inspection demand in the Delaware Court of Chancery.
• Represented an investment fund in New York court concerning order of waterfall payments in a securitized trust.
• Represented a trustee in securitized trust responding to payment dispute by class of noteholders in New York court.
• Represented hotel owner in arbitration against a hotel manager regarding termination rights under a hotel management agreement.

Employment Litigation

• Represented Fortune 500 company in multiple non-compete disputes spanning several jurisdictions.
• Represented Stryker in multiple federal court actions over breaches of non-compete, non-solicitation, and confidentiality agreements, along with related trade secrets claims.
• Advise Stryker on pre-litigation strategies relating to non-compete obligations.

Other Complex Commercial Litigation

• Represented Epic Games in an anti-trust MDL against Google, Inc.
• Represented subsidiary of Blackstone in Chapter 15 case by bankruptcy estate of Norwegian company, Norske Skog.
• Represented Atlas Residential, a national real estate developer, against foreclosure of security for loan purchased by major distressed-debt fund.
• Represented Rubicon in payment disputes with UPS and Lowe’s Corporation.
• Won summary judgment on behalf of United Airlines to judicially foreclose on a controlling share of Avianca airlines pledged to secure large commercial loan.
• Represented SPI Group with a Russian Federation-owned state enterprise in dispute over ownership of the Stolichnaya trademark.
• Represented owner of Italian television manufacturer in fraud claims brought against Philips Electronics, Inc.
• Won trial on behalf of former president of company in arbitration over claims of expropriation of equity and embezzlement.
• Defeated motion to dismiss RICO, Lanham Act, and deceptive trade practices claims before settling litigation between tax resolution firms.
• Won trial in bankruptcy/fraudulent transfer litigation against a company’s pension trust.
• Represent healthcare company in non-compete and trade secret cases.
• Won motion to dismiss lawsuit against major bank relating to aircraft leasing.
• Won key motion for partial summary judgment in trade secret case against a leading online loan marketplace.
• Won motion to compel arbitration in federal court for a private equity firm, prompting settlement.
• Represented a multinational investment and financial service company in lawsuits all over the country regarding alleged tax shelters.
• Represented a brand management company in nine-figure contract case.
• Won key aspects of motion to dismiss lawsuit against insurance company, prompting settlement.
• Represented industry-leading consulting company in mediation of commercial contract dispute.
• Successfully mediated claim that bank facilitated multibillion-dollar money laundering scheme.

Appellate Litigation

• Won a motion to dismiss constitutional torts claims against HHS-OIG officer and briefed appellate issues concerning qualified and absolute immunity in successful appeal at Fourth Circuit.
• Won a grant of certiorari at state supreme court for energy company in statutory interpretation dispute concerning state consumer protection laws and drafted all substantive briefs on appeal.
• Won motion to dismiss and Second Circuit appeal in Madoff-related suit against hedge fund.
• Represented a pharmaceutical distributor in separation of powers claims against agency ALJs in Fifth Circuit briefing.
• Represented a major energy company in appeals of adverse ruling by state Public Service Commission
• Co-authored amicus brief on behalf of SIFMA and FIA Principal Traders' Group in support of SEC's regulatory action against the NYSE, its parent company, ICE, and related entities.
• Co-authored amicus brief on behalf of Structured Finance Association (SFA) in Hertz bankruptcy.
• Represented members of Delaware LLC in breach of fiduciary duty action appeals in the Appellate Division of the Supreme Court of New York, First Department, and the Court of Appeals of New York.