Eric is a nationally recognized trial lawyer, global corporate investigator, and board advisor who is known for his successful track-record negotiating favorable resolutions, securing declinations, and obtaining acquittals and voluntary dismissals on behalf of his clients. Eric formerly served as Counselor to the Attorney General of the United States and as a federal prosecutor in the US Attorney’s Office for the Southern District of New York (SDNY). He brings his deep government experience to bear when representing multinational companies and their executives in complex white collar criminal defense matters, internal and government investigations, crisis management matters and bet-the-company civil litigation. Eric splits his time between our Washington DC and New York offices.
Eric is ranked Band 1 by Chambers & Partners for white collar criminal defense matters and government investigations in the District of Columbia. He focuses his practice on defending multinational companies and their executives against allegations of foreign bribery/Foreign Corrupt Practices Act (FCPA) violations, money laundering, sanctions violations, securities and accounting fraud, insider trading, antitrust violations, terrorist financing, the False Claims Act (FCA), tax evasion, and violations of the World Bank’s Integrity Compliance Guidelines. He has unparalleled credibility in regulatory and enforcement matters, and his deep understanding of how prosecutors and regulators think allows him to conduct investigations and advocate for clients in a manner that anticipates regulatory concerns and strategically positions them from the outset. Eric’s clients rely...
- Global investigations and monitorships:
- Advised a multinational technology company regarding a resolution with the DOJ concerning two breaches of a Deferred Prosecution Agreement
- Led three investigations into alleged improper payments in three different African countries on behalf of a multinational manufacturing company, and advised the board and executive management on the resulting risks
- Investigated potential misconduct by company employees and a company supplier in connection with a $1 billion contract funded by a US government agency on behalf of a multinational company, which raised sensitive and high-stakes questions regarding potential FCA violations
- Advised the board of directors of a UK financial services organization regarding options for a potential resolution of an FCPA investigation with the DOJ
- Investigated potential FCPA violations on behalf of a Fortune 100 company arising from the company’s operations in China, and advised on appropriate compliance enhancements
- Investigated allegations that the CEO of a global company entered into an unlawful no-poach agreement, in violation of US antitrust laws
- Led two separate investigations into distributor relationships in a high-risk Asian country on behalf of a consumer health products company, which included investigating allegations of potential channel-stuffing practices in violation of accounting rules and potential improper sharing of competitive information in violation of antitrust laws
- Investigated allegations of improper payments to a government agency in India on behalf of a US technology company, and advised on appropriate remedial steps and resolutions with third parties
- Investigated possible terrorist financing in Southeast Asia on behalf of a multinational company, and advised on an appropriate remedial plan and employee training
- Led an independent investigation on behalf of a Chinese SOE under investigation by the World Bank’s Integrity Vice Presidency regarding allegations of corruption arising out of an irrigation project in Ethiopia, and negotiated a favorable resolution of the allegations for the client with the World Bank
- Investigated potential procurement fraud on behalf of a US energy company, arising from a whistleblower complaint regarding the company’s operations in China
- Investigated allegations of misconduct in the sale of overseas licensing rights on behalf of the special committee of the board of directors for a major media publication, arising from a whistleblower complaint
- Advised a multinational manufacturing company on an inquiry led by the US Department of Treasury’s Office of Foreign Assets Control into alleged violations of US sanctions regarding its business contacts with entities and individuals in a high-risk country
- Served as the independent integrity compliance monitor appointed by the African Development Bank to review and assess the compliance program of a Chinese SOE in connection with construction projects in Uganda
- White collar criminal defense & trials:
- Obtained an acquittal on two counts and hung jury on two counts on behalf of a corporate officer in the highly publicized, eight-week-long “FCPA sting trial“ in Washington, DC. Ultimately, DOJ dropped all charges against Eric’s client and 21 additional defendants in the case. Upon dismissal of the charges, the judge recognized the “tireless and spirited efforts” of defense counsel and noted that “their hard work and effective advocacy are a testament to how strong our criminal defense bar is nationwide”
- Secured rare voluntary dismissal of all charges filed by the SEC against a foreign brokerage firm charged with over $50 million in insider trading following an expedited internal investigation and presentation to convince the SEC that the trades at issue were based on legitimate market research
- Obtained an acquittal on the top count of conspiracy to commit securities fraud after a four-week trial in SDNY for the former Chairman and CEO of a publicly-traded healthcare company charged with over $10 million in securities fraud arising from an alleged scheme to fraudulently inflate the company’s revenue, and a minimal sentence on the remaining count of securities fraud
- Secured a rare declination of prosecution for a corporate executive following allegations that the client had failed to pay taxes on over $14 million in Swiss bank accounts over a period of more than seven years
- Convinced the DOJ and SEC to bring no charges against the former CEO of a global telecommunications company after a three-year investigation into potential FCPA violations arising from the company’s operations in central Asia, and obtained dismissal with prejudice of all counts in a subsequent class action lawsuit filed against the client
- Obtained a favorable resolution with the SEC on behalf of two French proprietary trading firms in a high-profile SEC civil enforcement action alleging over $25 million in insider trading through the hacking of various newswire services to access corporate earnings announcements before they were publicly announced
- Commercial litigation and arbitration
- Negotiated a favorable, pre-filing settlement on behalf of a multinational technology company of a $4 billion claim by a competitor alleging various business torts for a small fraction of the original claim
- Obtained a favorable settlement on the eve of trial for Palantir in various cross-border proceedings in the US and Germany asserting and defending against a variety of business tort and contractual claims
- Advised a multinational telecommunications company concerning litigation in South Africa alleging breach of contract and other corporate misconduct
- Tried a AAA arbitration hearing alleging over $50 million in damages resulting from alleged improper termination of a license on behalf of the players association for a major sports league
- Represented a consumer health products company in defending a lawsuit brought by a state attorney general’s office alleging that the company provided false and misleading statements about one of its products to US consumers
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