White Collar Defense and Investigations
Companies and their management are increasingly the target for government scrutiny. Knowing your options and how agencies operate can turn a potentially damaging investigation into a smooth resolution. Phelps’ team of former federal prosecutors are experienced in conducting internal investigations and defending against criminal, civil and regulatory actions while keeping your reputation intact.
Phelps has the deepest bench of former U.S. Attorneys and Assistant U.S. Attorneys in the region. Justice Department experience informs our ability to protect and defend clients in an efficient and cost-effective manner. We understand the pressure agencies face and how to navigate the motivations involved in white collar and internal investigations. This allows us to map out next steps while keeping reputation and risk management in mind. Our seasoned defense counsel are strategically positioned throughout the Southeast to work closely with clients and agencies, preferring to quietly resolve sensitive situations with little or no public scrutiny. But we never shy away from aggressive advocacy in the courtroom if that is the best path forward.
In white collar matters, our work for clients begins long before a grand jury convenes. We conduct exhaustive internal investigations, use innovative technology to forensically review and analyze volumes of documents, and aggressively advocate with government investigators and prosecutors to close files without filing charges. Securing dismissals of investigations before indictment and out of the public spotlight are some of the best outcomes we’ve secured for clients.
Clients’ troubles do not end after white collar matters have been closed. Our litigators defend clients in proceedings stemming from investigations, including subpoenas, civil False Claims Act lawsuits and forfeiture actions, administrative proceedings, government audits, investigations by other governmental agencies, shareholder derivative lawsuits, and related state investigations.
Once we’ve managed an investigation, we can incorporate lessons learned into company policies and training programs to help avoid future issues. We also proactively develop and improve corporate compliance programs to prevent or minimize the chance of future investigations. We work closely with our colleagues in cybersecurity, employment, environmental and other areas to arrive at solutions that make pragmatic sense.
Areas of Focus
- Antitrust
- Corporate compliance
- Cybersecurity, privacy and data protection
- Environmental
- False Claims Act and Qui Tam
- Federal programs, including CARES Act and PPP loans
- Foreign Corrupt Practices Act (FCPA)
- Health care enforcement
- Immigration
- Racketeer Influenced and Corrupt Organization (RICO) Act
- Sanctions and export control
- Securities and commodities
- State attorneys general unfair/deceptive trade practices
- Trade secrets
- Whistleblower