Overview
In today's environment, businesses may face investigations brought by a variety of federal and state authorities. Some proactively root out problems through internal investigations and seek advice on appropriate responses to employee and internal business issues, including cybercrime and data breaches. Others must address whistleblowers in False Claims Act or qui tam actions.
Robinson Bradshaw attorneys have experience in investigations and related litigation. We help businesses and their leaders discover the details of events that present them with legal risk and assist them in responding effectively to wrongdoing or government action. We develop effective strategies to handle imminent legal challenges as well as prevent exposure to future legal risks. Our work regularly includes representing clients in response to formal and informal government inquiries and investigations, assisting businesses in responding to data breaches and cyber incidents, and helping direct forensic investigations. Clients trust Robinson Bradshaw to respond to their most sensitive and critical matters with thorough, practical advice.
Our specific experience includes representing clients facing grand jury subpoenas and related investigations; assisting clients with inquiries from the Securities and Exchange Commission, Federal Trade Commission, Department of Labor, state attorneys general, and other federal and state agencies; and working on engagements for which we have been commissioned for internal investigations of public and private companies where no government or outside entities are involved. We also have been engaged by clients in numerous False Claims Act and state qui tam actions in courts across the country in a variety of industries.
Experience
Government Investigations and Litigation
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Represented health care system in producing documents and information in response to inquiry from state attorney general related to multibillion-dollar acquisition activity, and ultimately obtained state attorney general approval for transactions.
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Successfully defended an internet services and hosting provider in an SEC investigation into the operation of an alleged Ponzi scheme that utilized the provider's services.
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Represent a telecommunications provider in parallel government investigations by the Federal Communications Commission, U.S. Department of Justice and various departments of justice nationwide related to allegations of enabling malicious robocalls.
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Represented an industrial manufacturing client in an antitrust investigation by the FTC and favorably resolved the matter after persuading the FTC not to pursue claims under the Sherman Act.
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Represent a defense contractor in connection with internal investigations related to regulatory compliance issues and disclosure obligations.
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Represent clients in investigations by the Antitrust Division of the U.S. Department of Justice concerning allegations of price-fixing, market allocation and bid-rigging under Section 1 of the Sherman Act.
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Coordinate matters for a client in a multifaceted matter involving (i) investigations by a grand jury in the Southern District of New York, the SEC, the U.S. Senate, the IRS, the DOJ and various state revenue agencies, and (ii) several dozen concurrent civil lawsuits in various states on the East Coast.
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Represent clients in a U.S. Department of Labor investigation concerning the client's contractor status and inclusion of employer stock in a client company's 401(k) plan after a precipitous fall in the stock price.
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Advised multiple technology and telecommunications companies regarding law enforcement requests for customer data under the Electronic Communications Privacy Act.
Internal Investigations
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Assist in self-reporting Sherman Act violations after internal investigations of potential anti-competitive activity.
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Served as counsel to corporate audit committees and special committees investigating allegations of accounting irregularities, lack of internal controls, insider trading and misappropriation of corporate opportunities; worked extensively with auditors and forensic accountants to uncover unlawful internal activities.
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Conducted an internal investigation relating to potential theft by employee of trade secrets of client's vendor.
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Conducted an internal investigation for a committee of the board of a local company and represented the committee in a subsequent governance dispute.
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Conducted an internal investigation of suspected forgery of drug testing paperwork relating to applicable FAA regulations.
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Regularly conduct employment, antitrust and data-related internal investigations.
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Conducted an internal investigation for the litigation committee of the board of a closely held company and serve as counsel for subsequent governance disputes.
False Claims Act/Qui Tam and Whistleblower Litigation
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Lead national counsel defending a Fortune 20 telecommunications company in a series of cases alleging False Claims Act and other claims related to the alleged under-collection of certain government taxes. To date, we have achieved complete dismissals of claims, through appeal, in Massachusetts, Pennsylvania, Georgia, Minnesota, Iowa and the District of Columbia.
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Represented a physician management service in a False Claims Act lawsuit alleging retaliation for reporting of allegations of submission of false reimbursement claims to Medicare, Medicaid and private insurers.
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Represented a diagnostic laboratory CEO in defense of corporate derivative claims based on allegations of violations of federal False Claims Act.
Cyber Investigations and Data Breach Response
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Represented a large manufacturing company regarding an attempted ransomware attack, directing their response to thwart the attack and subsequent forensic investigation, advising on legal obligations and strategy, and handling related government investigations by the FBI, U.S. Department of Defense and U.S. Department of State.
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Represented a data analytics company regarding a cybersecurity incident resulting in payment fraud, working with the FBI to undertake an investigation that resulted in full recovery of the stolen funds and prosecution of the individual responsible.
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Advised client regarding a potential cybersecurity attack, including preparation for law enforcement interviews and disclosure obligations under applicable data privacy laws.
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Represented a nonprofit impacted by an internet fraud scheme misusing its trademarks and good will, helping develop a mitigation strategy and build a case to enable law enforcement intervention.
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Advised a financial institution regarding a data breach involving a vendor, negotiated with the vendor concerning the forensic investigation and assisted with breach notifications.
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Conducted an investigation of email fraud and successfully helped a technology company recover significant funds that had been stolen through a business email compromise scheme.
