Jeremy Maltby

Partner

Jeremy Maltby is a litigation partner in O’Melveny’s Washington, DC office and a member of the White Collar Defense and Corporate Investigations and Appellate Practices. Jeremy acts as counselor and litigator assisting clients with complex problems, particularly in the areas of constitutional, criminal, and international law. He advises domestic and international companies, including some of the world’s largest financial institutions, diversified U.S. and offshore companies, Fortune 100 manufacturers, corporate executives, and other individuals. Jeremy has served as trial counsel in three federal criminal trials within the past few years.

Prior to joining O’Melveny in 1999, Jeremy clerked for Justice David H. Souter on the United States Supreme Court. Over the course of his career, he has been the principal author of numerous briefs in federal and state trial and appellate courts, including the U.S. Supreme Court, and he has argued numerous trial court motions and appeals.

Illustrative Professional Experience

 Criminal Defense

• Assists clients regularly in criminal investigations around the country, often achieving declination of charges. Clients include major corporations, corporate executives, and other individuals.

Appellate and Trial Advocacy

• Drafted numerous merits briefs in the U.S. Supreme Court, including Moseley v. V Secret Catalogue, Inc.; Dastar v. Twentieth Century Fox Film Corp.; and Utah v. Evans.
• Drafted numerous briefs in federal and state appellate courts, including in United States v. Martha Stewart, and in Janssen v. Armond, and related cases, in which the Mississippi Supreme Court reversed its prior approach to joinder and dramatically reduced the availability of mass trials.
• Secured dismissal of environmental class action RICO claim against a meat producer and its CEO, and obtained affirmance on appeal in the 11th Circuit.
• Served as trial counsel for an individual defendant in United States v. W.R. Grace, et al., one of the largest federal criminal prosecution of alleged violations of the Clean Air Act and described by environmental law authorities as one of the biggest environmental crimes trial in history; a jury acquitted client of all charges.
• Served as trial counsel in United States v. Skinner, a federal false statement case in which the jury acquitted the defendant of all charges.
• Served as trial counsel in United States v. Shuster, a 5-week jury trial involving charges of securities fraud and money laundering.
• Representing a high-ranking federal government official in a Bivens action alleging violation of certain constitutional rights; obtaining a favorable decision from an en banc panel of the U.S. Court of Appeals for the Second Circuit.

Foreign Corrupt Practices Act

• Counsels various international businesses in conducting business overseas in a manner consistent with the Foreign Corrupt Practices Act, including conducting due diligence as part of mergers and acquisitions and internal reviews, investigating allegations of wrongdoings and making disclosures to the Justice Department and SEC, and obtaining formal and informal reviews by and approval from U.S. and foreign officials.
• Assists the Independent Compliance Consultant engaged by Schnitzer Steel Industries, Inc. (SSI) in conducting a top-to-bottom review of SSI’s compliance programs with regard to anti-corruption issues; this process has required analysis of SSI’s policies and procedures and interviews of senior management and business partners in different countries around the world.
• Designs and implements compliance programs designed to prevent violations of law and company policy.

Anti-Money Laundering/Patriot Act

• Advises several diversified financial institutions, including some of the world’s largest, regarding AML compliance, working with regulators in responding to audits and investigations, and assisting in developing media and Congressional strategies as needed.
• Served as part of defense team that successfully negotiated a deferred prosecution for a financial institution regarding lapses in its AML program.
• Represents major broker-dealer in NASD inquiry regarding the adequacy of its anti-money laundering compliance programs.

Counseling

• Provided Fortune 100 companies with constitutional advice and white papers concerning proposed legislation and lawsuits concerning their products and historical conduct.
• Provided constitutional advice concerning proposed asbestos legislation in U.S. Congress.
• Prepared white papers in connection with proposed telecommunications merger.
• Advised citizens’ group concerning the constitutionality of various proposals concerning the future status of Puerto Rico.

International

• Acted as Secretary to the Tribunal in Methanex v. United States, the NAFTA/ICSID arbitration.
• Represented U.S. citizens in responding to foreign arrest warrants and in providing and obtaining evidence in foreign countries; has represented U.S. witnesses testifying before Italian and Belgian magistrates and has taken testimony before a Swiss magistrate for use in U.S. proceedings.
• Developed proposed rule for use of scientific evidence for the International Criminal Court.

Professional Activities

Law Clerk, Honorable David H. Souter, U. S. Supreme Court; Honorable Pierre N. Leval, U.S. Court of Appeals, Second Circuit; Honorable Eugene H. Nickerson, U.S. District Court, Eastern District of New York
Admitted to Practice, U.S. Supreme Court; U.S. Court of Appeals, Second, Ninth, and Eleventh Circuits; U.S. District Court, Southern and Eastern Districts of New York
Author, Note, "Juggling Comity and Self Government: The Enforcement of Foreign Libel Judgments in U.S. Courts," 94 Columbia Law Review 1978 (1994); "Eugene H. Nickerson: A Tribute," 102 Columbia Law Review 1183 (2002); "Moseley v. V Secret Catalogue, Inc.: One Answer, Many Questions," 93 Trademark Rep. 833 (2003) (co-authored with Dale M. Cendali and Carol M. Matorin); "Red Flags & Iceberg Tips: Complying with Sarbanes-Oxley in a Multi-National Business," Business Crimes Bulletin (June 2003) (co-authored with Ira H. Raphaelson and Alan M. Cohen); "Falling from Grace: How the Failed Prosecution of W.R. Grace Shows Why Rule 16 Needs Revision," Bloomberg Law Reports, Federal Practice, Vol. 3, No. 49 (December 7, 2009) (co-authored with Carolyn Kubota, Robert Swerdlow and Justin Ford); "Money Laundering Indictment of Thai Government Official Underscores DOJ Efforts to Punish Recipients of Foreign Bribes and the Increasing Intersection Between Money Laundering and FCPA Charges," O'Melveny & Myers Client Alert (February 17, 2010) (co-authored with R. Grime and K. Buchanan)
Speaking Engagements, "Making Your Best Case: Strategy and Technique for Effective Courtroom Argument," Los Angeles Lawyer Chapter of the American Constitution Society, 2010

Languages, Italian; German; French