Foreign Corrupt Practices Act
- Wal-Mart’s Audit Committee concerning an extensive investigation by the SEC and DOJ into the Company’s global FCPA compliance and allegations of corruption.
- The Audit Committee of Qualcomm in an investigation by DOJ and the SEC, and a related internal investigation, into the Company’s FCPA compliance.
- The Audit Committee of Pride International in connection with one of the largest reported FCPA settlements – and the first of its kind to not impose a Monitor.
- The Diageo Audit Committee in connection with an internal investigation and an SEC enforcement action concerning global FCPA compliance.
Financial Services
- The Conflicts Committee of Apollo Global Management in conducting an internal review of the relationship between the CEO and Jeffrey Epstein.
- HSBC Holdings plc, favorably resolving multi-year investigations by the Department of Justice, Office of Foreign Assets Control, Office of the Comptroller of the Currency, the Federal Reserve Bank, District Attorney of New York County, and the U.K. Financial Conduct Authority concerning various issues, including the bank's global dollar clearing services and Bank Secrecy Act compliance.
- On behalf of three other large global banks, representation of a Supervisory Chairman of the Board, a Chief Operating Officer, and the Treasurer, respectively, in connection with various federal, criminal, and regulatory investigations concerning dollar clearing and LIBOR.
- The Federal Reserve Bank of New York in the wake of the 2008 financial crisis.
- A Senior Officer of MoneyGram International in connection with a DOJ investigation into the Company’s compliance with the Bank Secrecy Act.
Life Sciences and Healthcare
- WellCare Health Care Plan Inc.’s new senior management in connection with matters relating to the consequences of alleged conduct by prior management, including matters being investigated by the FBI, SEC, and DOJ.
- Former members of senior management of one of the world's largest pharmaceutical companies in a federal criminal investigation of off-label marketing; obtained settlement on behalf of a medical device manufacturer with the New York Attorney General.
- One of the largest skilled nursing facilities in the New York Metropolitan area in an internal investigation and successful representation in connection with an investigation by the Department of Justice (“DOJ”) and Health and Human Services Office of the Inspector General (“HHS OIG”) into Medicare fraud and the improper disenrollment of Medicare Advantage patients in violation of the False Claims Act.
- A network of skilled nursing, rehabilitation, and senior care services with over 50 facilities in five states in connection with an internal investigation and Medicare fraud investigation in the SDNY by DOJ, HHS OIG relating to the fraudulent inflation of billing of therapy services for senior care residents in violation of the False Claims Act and Anti-kickback statute.
- A service provider of mental health services to senior residents of skilled nursing facilities throughout New Jersey, New York, and Pennsylvania in an internal investigation, compliance review, and investigation into potential violations of the False Claims Act and Anti-kickback statute by HHS OIG and DOJ.
- An Administrative Services Organization that provides staffing and administrative services to a variety of healthcare providers throughout the NY Metro area in connection with a health care fraud and tax investigation by the DOJ health care fraud section and Tax Division.
- A captive insurance group that provides benefits to health care workers in the NY metro area, in connection with a New York Attorney General Office and DOJ investigation into fraud and violations of the NY wage parity law for health care workers.
- ParCare, a large health care provider, in connection with investigations by the EDNY, SDNY, and NYAG into fraud concerning the application for and administration of COVID-19 vaccines.
- A health care provider in an investigation by the NYAG into fraud related to COVID treatments. The investigation terminated without charges.
Securities, Accounting and Consumer Fraud
- Senior managers of a major brokerage firm and a Fortune 500 company before the SEC and DOJ concerning insider trading allegations.
- Beazer Homes in investigations by and settlement with the SEC, DOJ, and other state and federal authorities concerning accounting irregularities and mortgage practices.
- The independent directors of Freddie Mac in connection with civil litigation and various matters arising from the Treasury Department’s formal rescue plan to take control of Fannie Mae and Freddie Mac and to replace the companies chief executives.
- The Compensation Committee of Cablevision Systems Corporation in shareholder litigation in New York state and federal courts arising from allegations of option-backdating and in investigations by the SEC and DOJ.
- Settlements of consumer fraud allegations by the New York Attorney General on behalf of a variety of companies in the telemarketing, telecommunications, and healthcare industries.
Media
- Standard & Poor’s in connection with the investigation by and settlement with the Attorney General of New York relating to its ratings of securities backed by subprime mortgages.
- Journalists in connection with various federal criminal investigations and related First Amendment and federal grand jury litigation.
- Twitter’s Deputy General Counsel before the House Committee on Oversight and Accountability concerning content moderation by social media platforms.
Responsible Sourcing
- Several of the world’s top retailers in connection with supply chain integrity and responsible sourcing remediation.
Government Affairs
- Former Director of the FBI, James Comey, before various Congressional bodies and in the successful defense of civil action.
Transportation
- Carnival Cruise Lines in connection with environmental compliance issues before the DOJ, EPA, and United States Coast Guard.
- Served as Monitor for Toyota USA and work with other automotive entities on safety-related issues.
Cybersecurity
- A large municipality in connection with malware and ransomware issues.
Real Estate Development
- A multibillion dollar real estate investment hedge fund in connection with accounting and disclosure issues before DOJ and SEC.
Admissions
Bar Admissions
- New York
- Connecticut
Court Admissions
- United States Court of Appeals for the District of Columbia Circuit
Education
- New York Law School, J.D., 1986
- The College of William & Mary, A.B., 1981
Honors & Awards
- Recognized by The Legal 500’s Hall of Fame for Corporate Investigations and White-Collar Criminal Defense (2024-2026)
- Ranked by Chambers USA for Litigation: White-Collar Crime & Government Investigations (2009-2026) and in FCPA (2014-2026)
- Recognized by Best Lawyers in America for Commercial Litigation and Criminal Defense: White-Collar in New York, NY (2021, 2025-2026); David has been listed in Best Lawyers in America since 2007
- Ranked by Chambers Global for FCPA – USA (2015-2025)
- Recognized by The Legal 500 US for Corporate Investigations and White-Collar Criminal Defense (2023-2026) and State Attorneys General (2025)
- Named one of the “500 Leading Lawyers in America” by Lawdragon (2018-2024)
- Named as a member of the “Hall of Fame” by The Legal 500 US for Corporate Investigations and White-Collar Criminal Defense (2024)
- Named a Client Service All Star by BTI Consulting Group (2022)
Professional Activities
Author
- The 2022 Monaco Memorandum: Changes to DOJ Corporate Enforcement Policy, CPI Antitrust Chronicle (February 2023)
- More Cooperation Please: DOJ Revises Enforcement Policy to Encourage Even Greater Cooperation, The Corporate Governance Advisor, Volume 31, No. 2 (March/April 2023)
- U.S. Justice Department Announces Substantial Revisions to Corporate Enforcement Policy, The Journal of Federal Agency Action, Volume 1, Number 1 (January-February 2023)
- Compensation Clawback Crackdowns – An Emerging Enforcement Focus, FCPA Professor (November 7, 2022)
- Practice Tip: Beware Individual Criminal Liability for CEOs and CCOs as DOJ Begins Requiring Compliance Certifications, The ABA CJS White Collar Crime Committee Newsletter (Summer-Fall 2022)
Speaking Engagements
- “Post-Election Debrief: What’s Behind Us, What’s Ahead, and Predictions for the Future of FCPA Risk and Compliance in the Coming Year,” ACI FCPA Conference 2024, Washington, DC (December 5, 2024)
- “Risk, Regulation and Reputation,” The Economist General Counsel Summit US, New York, NY (September 15, 2022)
- ACI FCPA Conference 2021, Washington, DC (December 2, 2021)
- DRI Drug and Medical Device Seminar, New York, NY (May 10, 2018)
- William & Mary Whole of Government Center of Excellence National Security Conference, Williamsburg, VA (April 20, 2018)
- Innoxcell Annual Symposium 2017, Shanghai, China (November 7, 2017)
- Transatlantic General Counsel Summit, London, UK (June 8, 2017)
- Managing a Corporate Crisis: Strategies for Containing a Crisis and Controlling the Public Narrative While Meeting Ethical Obligations and Maintaining Privilege, New York, NY (May 2, 2017)
- Securities Enforcement Forum, Washington, DC (October 13, 2016)
- Corporate Enforcement Forum, Boca Raton, FL (May 31, 2013)
Clerkship
- Honorable T.F. Gilroy Daly, United States District Court for the District of Connecticut
Related Practices
Congressional Investigations
Corporate Investigations
False Claims Act Compliance
False Claims Act Defense
Foreign Corrupt Practices Act Compliance
Foreign Corrupt Practices Act Investigations & Enforcement
Litigation & Investigations
National Security
Securities Enforcement
State Attorneys General Litigation & Investigations
White Collar Defense & Government Investigations
Related Industries