Most Influential Lawyers: White Collar and Cyber Crime
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31 37_mostinfluentiallawyers.qxp 7/23/2015 2:43 PM Page 31
July 27, 2015 • An Advertising Supplement to the Los Angeles Business Journal
Most Influential
Lawyers: White Collar
and Cyber Crime
the business landscape evolves in new business can be one of the most crucial decisions Los Angeles. We've listed some of the best of them
A
S
directions and companies are faced with you and your organization make. A seasoned here, along with some basic information about
new variables - such as combating white col- lawyer can walk a business through white collar their careers, practice and some relevant recent suc-
lar crime and cyber issues, along with these trends crime and cyber challenges and help point your cesses they've achieved.
come new regulations and legislation. Having the organization in the direction of the best and safest Congratulations to the attorneys who made this
right attorney that specializes in these elements possible results. list and thank you for working to keep our local
that weigh so heavily on the well being of your Fortunately, there are some stellar attorneys in businesses on the right track!
Raymond O. Aghaian Douglas Axel Ronald Cheng
Partner Partner Partner
Kilpatrick Townsend & Stockton Sidley Austin LLP O’Melveny & Myers LLP
Ray Aghaian is an expe- Doug Axel started as an Ronald Cheng began his
rienced trial lawyer and for- Assistant United States career in the early 1990s as
mer federal prosecutor Attorney in the Central an O’Melveny associate and
focusing his practice on District of California in then spent 20 years as a
white collar criminal 2001 and rose to the posi- federal prosecutor, serving
defense, cybersecurity and tion of Chief of that office’s in a number of roles at the
corporate internal investi- Major Frauds Section in Department of Justice
gations. As a former federal 2007. As Chief, Axel super- including: chief of the
white collar crimes prose- vised 40 lawyers who inves- Criminal Appeals Section of
cutor with the United tigated and prosecuted a the US Attorney’s Office;
States Attorney’s Office in Los Angeles, he served wide range of business and other white collar resident legal advisor to the US Embassy in
in a specialized unit prosecuting cyber and intel- crimes, including corporate fraud, healthcare Beijing; and acting chief and deputy chief of the
lectual property crimes. fraud, securities and investment fraud, financial Criminal Division of the US Attorney’s Office.
In the cybersecurity arena, Aghaian advises fraud, government procurement fraud, tax fraud Most recently Cheng has been a key member of
clients in assessing and securing their computer and public corruption offenses. the Cybercrime and Intellectual Property Crimes
systems, mitigating the risk of liability, ensuring While at the U.S. Attorney’s office, Axel per- Section at the US Attorney’s Office for the
compliance with cybersecurity standards, sonally prosecuted dozens of criminal white col- Central District of California, where he has
responding to cyber attacks and data breaches, lar cases. In 2009, Axel received an Attorney focused on criminal activity arising out of the
and complying with mandatory disclosure and General’s Award for Fraud Prevention, one of the Asia-Pacific region. He is now a partner in
notification requirements after a data breach. As Department of Justice’s highest honors. Axel O’Melveny’s White Collar Defense and
a response to cyber attacks, his recent work has joined Sidley Austin’s Los Angeles office as a Corporate Investigations Practice.
limited the scope of review of defense contrac- partner in 2010 and has been one of the state’s One of the very few Mandarin-speaking attor-
tors’ computer networks by the FBI and Naval most prominent white collar defense lawyers neys experienced in both US and Chinese crimi-
Criminal Investigative Service (NCIS) to non- ever since. His practice focuses on white collar nal law enforcement, Cheng argued more than
proprietary files and malicious code implanted criminal defense, government enforcement mat- 35 cases before the Ninth Circuit, including two
in the computer networks. Aghaian has also rep- ters, internal investigations and complex com- en banc, and serving as lead counsel or co-lead
resented numerous companies and corporate mercial litigation. As government regulation of counsel in roughly 20 federal felony jury trials.
executives in a variety of internal investigations corporations in a wide range of sectors increases, Among other notable trials, Cheng handled
and white collar defense matters involving: Axel has established himself as one of the case of United States v. Xu, a three-month
bribery, the Foreign Corrupt Practices Act California’s leading lawyers guiding clients racketeering, money laundering, and immigra-
(FCPA), procurement fraud relating to govern- through complex investigative and compliance tion fraud trial against former Bank of China
ment contractors, the False Claims Act, ITAR and issues. At the same time, as the number of False managers for perpetrating a $500 million embez-
related export control violations, the Lacey Act, Claims Act cases rises, he is one of the top zlement scheme against the Bank in China and
and miss-branded and adulterated drugs in vio- lawyers defending companies against such cases fleeing to the United States.
lation of FDA regulations, embezzlement and throughout the country.
other related fraud under the federal mail and
wire fraud statutes.
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This special advertising supplement did not involve the reporting or editing staff of the Los Angeles Business Journal.
31 37_mostinfluentiallawyers.qxp 7/23/2015 2:43 PM Page 32
32 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL JULY 27, 2015
MOST INFLUENTIAL LAWYERS WHITE COLLAR AND CYBER CRIME
Bryan D. Daly Michael Farhang Benjamin N. Gluck
Partner & Govt. Contracts/Investigations & International Partner Principal
Trade Practice Group Leader Gibson Dunn & Crutcher LLP Bird Marella PC
Sheppard Mullin
Michael Farhang, a former fed- Benjamin Gluck has been with
Bryan Daly is a former eral prosecutor, represents a vari- Bird Marella since 1999, and has
Assistant United States Attorney ety of corporate and individual had a substantial impact in its
for the Central District of clients in white collar criminal, white collar criminal defense
California, Criminal Division, securities, and general business practice, focusing particularly in
Public Corruption and litigation matters. He has signifi- his specialty area of health care
Government Fraud Section. As a cant trial experience in both gov- litigation, where he represents
federal prosecutor, Daly was ernment and private practice, and health care providers in state and
responsible for the investigation has substantial experience with federal criminal matters. His
and prosecution of a wide variety internal investigations on behalf experience in the areas of grey-
of fraud and whistleblower cases. of large corporate clients, as well as representations in market medications and devices, physician-owned dis-
In private practice, Daly has tried numerous crimi- the context of government investigations (including tributorships, and unlicensed practice relating to
nal and complex civil cases in federal and state courts U.S. Department of Justice and Securities and health care providers has made him second to none in
including those for businesses and executives under Exchange Commission investigations) and voluntary this area, and has proven to not only be an influential
investigation or charged with white collar criminal disclosures. Farhang has handled representations relat- lawyer to the principals and associates at Bird Marella,
offenses, including the defense of companies and ed to insider trading, securities fraud, Foreign Corrupt but also among his peers and colleagues at many law
executives accused of FCPA violations. He has also Practices Act (FCPA), health care and Medicare fraud, firms across the nation.
conducted more than 100 internal investigations and mail and wire fraud, and other criminal and regulato- Lately, more and more health care fraud causes are
compliance inquiries for a number of major corpora- ry issues. He also has specialized expertise in the inves- being prosecuted in state, rather than federal court.
tions. In this capacity, Daly has worked closely with tigation and prosecution of claims of fraud in the con- Gluck has “made law” recently in several such cases,
management to create effective training and compli- text of company acquisitions, and has extensive expe- especially with respect to the procedural issues that
ance programs for employees and has also investigated rience handling civil securities and shareholder deriva- arise from the attempted prosecution of complex
fraud and other allegations of misconduct on behalf of tive litigation matters. alleged fraud schemes. Recent victories in just the past
these companies, and has coordinated voluntary dis- Farhang is an experienced litigator and trial attor- few months include the sustaining of a demurrer in
closures and case referrals to the Department of Justice ney who has earned more than $40 million in recov- Riverside Superior Court on the grounds that the
and other impacted agencies where appropriate. Many eries for corporate clients pursuing fraud, contract, People were taking improper charging shortcuts when
of these matters have been in response to whistleblow- and M&A-related claims. He has tried more than presenting such cases. The Riverside County District
ers’ allegations and False Claims Act complaints. twenty-five cases in government and private practice. Attorney has appealed, which means that Gluck’s
Specifically, Daly has investigated and defended He is a frequent speaker and writer on white collar work is likely to establish sorely needed precedent in
dozens of whistleblower suits brought against topics and received the prestigious Burton Award for this care.
Northrop Grumman Corporation, Hughes Aircraft Distinguished Legal Writing at the U.S. Library of
Company, Raytheon Corporation, Duke Electric Congress in 2012.
Corporation, and Los Angeles Department of Water
and Power.
Brian Hershman Charles L. Kreindler Stephen Larson
Partner Partner & White Collar & Corp. Partner & Chair of the Complex Litigation Practice Group
Jones Day Investigations Practice Leader Arent Fox LLP
Sheppard Mullin
Brian Hershman specializes in Litigation strategist.
white collar fraud and public cor- Charles Kreindler is a partner Rainmaker. Leader. Those are just
ruption. Prior to joining Jones in Sheppard Mullin’s three of the traits that make
Day, Mr. Hershman was the Government Contract and Stephen Larson, the only former
Deputy Chief of the Public Investigations group where he is federal judge actively practicing
Corruption and Civil Rights sec- the Leader of the White Collar litigation in Los Angeles, stand
tion of the United States Criminal Defense Team. That out in the city’s legal field. Larson
Attorney’s Office for the Central team consists of more than a has enjoyed a rapid rise at Arent
District of California, where he dozen former federal and state Fox. In just four years he has
received the Director’s Award for prosecutors who are resident in developed his own highly-regard-
Superior Performance offices throughout the U.S. ed white collar practice while also leading the firm’s
He represents the Los Angeles County Sheriff’s Kreindler has 30 years of experience in White Collar national litigation practice and spearheading its growth
Department, the Los Angeles County Board of Criminal law and defense, including 8 years as an with the addition of high profile white collar partners
Supervisors, former Sheriff Lee Baca and top LASD Assistant United States Attorney in the Central District in Los Angeles, New York, and Washington, DC.
management in connection with a high profile crimi- of California. With over 26 years of combined litigation experience
nal and civil investigation by the Los Angeles United Kreindler continues to be highly sought after by as a prosecutor, federal judge, and private practitioner,
States Attorney’s Office and the Department of Justice companies and individuals suspected or accused of a Larson brings his unique background and his broad per-
into allegations of obstruction of justice and excessive wide variety of federal crimes. Kreindler’s most signifi- spective to bear on the most sophisticated white collar
use of force in the county jails. Between 2011 and the cant recent engagement was on behalf of Exide matters with remarkable results. Recently, he has suc-
present, Hershman has worked with the Board, LASD Technologies, Inc, one of the world’s largest producers cessfully handled and fully resolved a wide-range of
management and two law enforcement consultants and distributors of batteries. In August 2014, the feder- white collar matters involving (1) an OIG investigation
retained by Jones Day to review and revise LASD poli- al government began a criminal investigation of Exide within the Los Angeles Unified School District; (2) a
cies with respect to use of force and force investiga- with respect to its treatment and storage of hazardous joint federal and state False Claims Act case against a
tions, and has overseen substantial changes at the waste at its Vernon recycling plant. In March 2015, major municipality; (3) an FPPC complaint against a
LASD. Hershman also has coordinated the LASD’s after months of investigation and negotiation, California state commissioner; (4) an internal investiga-
cooperation with the Federal investigation. In that Kreindler and his partner Bryan Daly were able to tion involving one of the state’s largest pension fund
capacity, Hershman has facilitated the production of secure a non-prosecution agreement (NPA) with the associations; and (5) a District Attorney’s investigation
hundreds of thousands of documents to the USAO, government covering the company and its officers of an entire sitting City Council.
and has coordinated the interviews and grand jury and employees. This was the first and only NPA ever
appearances of numerous LASD employees. given by the U.S. Attorney’s Office for the Central
District of California involving environmental crimes.
31 37_mostinfluentiallawyers.qxp 7/23/2015 2:44 PM Page 33
JULY 27, 2015 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 33
MOST INFLUENTIAL LAWYERS WHITE COLLAR AND CYBER CRIME
Scott Lesowitz Janet Levine John F. Libby
Trial Attorney Partner Co-Chair, Copr. Investigations & White Collar Defense
Raines Feldman LLP Crowell & Moring LLP Manatt, Phelps & Phillips LLP
Scott Lesowitz is an experi- Janet Levine is globally known Manatt Corporate
enced trial attorney with a strong for her successful and creative Investigations and White Collar
background in civil and criminal advocacy on behalf of clients in Defense Co-Chair John Libby has
litigation. He graduated from government investigations and at a proven track record of success
Harvard Law School cum laude trial. A top-notch trial lawyer who in defending business entities in
and has spent roughly half of his specializes in white collar crime, high-stakes criminal investiga-
career working as a federal prose- she is the chair of Crowell & tions and prosecutions. Having
cutor and half of his career in pri- Moring LLP’s firm-wide Trial served as an Assistant U.S.
vate practice. While at the U.S. Practice Group. For more than 30 Attorney in Los Angeles, he is a
Attorney’s Office, he tried ten years, Levine has successfully greatly experienced trial lawyer
felony jury trials, wrote 12 appellate briefs, argued four defended publicly traded and privately held compa- who is uniquely positioned to advise and represent
cases in front of the Ninth Circuit Court of Appeals, nies and their officers and directors against govern- clients in litigating complex disputes with the govern-
and headed investigations into crimes including wire ment claims of wrongdoing. She has represented gov- ment and private parties through trial and appeal if
fraud, check fraud, illegal employment practices, and ernment entities, licensed professionals, politicians, necessary, including, in particular, False Claims Act
RICO. He currently works for the prestigious boutique and judges in investigations and at trial. Her results cases that often straddle the civil and criminal arenas.
law firm of Raines Feldman LLP. speak for themselves: high stakes, high visibility mat- Libby is extremely skilled at resolving matters with-
Recently, Lesowitz has assisted witnesses and poten- ters handled deftly and discreetly and, when neces- out indictment, inquiry or enforcement action, and as
tial targets of criminal or regulatory investigations nav- sary, resolved or tried favorably. a result, many of his cases never make the headlines.
igate the often emotional experience of providing The headline-making matters Levine is involved in These investigations often occur in highly regulated
materials and information to law enforcement. He has handling in the last eighteen months are both high industries such as healthcare and financial services,
also counseled on deciding whether and how to coop- profile and high-stakes. Her clients include a former with the consequent need to navigate complex regula-
erate with law enforcement. And he has helped in plea executive in a highly-publicized state and federal tory matters as well as criminal investigations. An
agreement negotiations. He has also used his criminal investigation of a publicly-traded entity; the owner- example of a major recent matter that Libby has led, or
law experience in representing plaintiffs in civil cases operator of a major government laboratory in an is currently leading, includes his conducting an inter-
with a criminal flavor, such as plaintiffs suing for viola- internal investigation; a government entity with nal investigation on behalf of the Board of Directors of
tions of the RICO statute, fraud, theft of trade secrets, regard to counseling on conflict of interest issues with a California chartered bank. Libby continues to serve as
and the California Penal Code’s theft statute. Recently, criminal implications; and one of the largest suppliers counsel to the Board in connection with several ongo-
he has also brought his experience in computer pro- and distributors of food products to the U.S. govern- ing federal investigations. These types of investigations
gramming to his intellectual property practice. ment with regard to civil and criminal investigations. are becoming more frequent as bank regulators begin
Levine also made history as one of only a few lawyers to focus on the obligations of banks to prevent their
to ever try (and win dismissal of) a Foreign Corrupt use for money laundering and terrorist financing.
Practices Act (FCPA) case.
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31 37_mostinfluentiallawyers.qxp 7/27/2015 3:47 PM Page 34
34 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL JULY 27, 2015
MOST INFLUENTIAL LAWYERS WHITE COLLAR AND CYBER CRIME
Gary S. Lincenberg Nina Marino Richard Marmaro
Principal Partner Partner, Litigation, SEC Enforcement & White Collar
Bird Marella PC Kaplan Marino, PC Criminal Def.
Skadden, Arps, Slate, Meagher & Flom LLP
Gary Lincenberg is a longtime Nina Marino is an attorney
principal who concentrates his with 25 years of experience, as For more than 35 years,
practice on the defense of white well as a California Board Richard Marmaro has earned the
collar criminal prosecutions, gov- Certified Criminal Law Specialist. highest praise from clients,
ernment investigations, and par- She is a partner at the Beverly judges and peers for his substan-
allel civil litigation. He is one of Hills boutique criminal defense tial expertise in trying headline-
the most respected white collar law firm of Kaplan Marino, PC grabbing cases on behalf of indi-
defense practitioners in California where she represents individuals, viduals and corporations, both
and the primary reason Bird and occasionally entities, in white nationally and internationally, in
Marella is so highly regarded collar and complex criminal mat- their most complex, “bet the
among white collar specialty firms. His career is ters. Marino has particular expertise in matters involv- company” matters. Marmaro has
marked by victory after victory of acquittals, dis- ing allegations of public corruption, pharmaceutical tried numerous cases in federal and state courts
missals, and non-prosecutions. Prior to his hugely suc- fraud, and international extradition. around the country; and, he has defended individuals
cessful 22 years with Bird Marella, Lincenberg served Public corruption has been a primary focus of pros- and corporations in all phases of complex civil, crimi-
over six years as an Assistant United States Attorney. ecution by the Los Angles District Attorney for the nal and regulatory matters involving allegations of,
Having served as a prosecutor, defense lawyer, past two years. For example, Marino represented a among other things, insider trading, accounting and
President of the Los Angeles Federal Bar Association, charter school operator charged with misappropriation disclosure irregularities, violations of the Foreign
National Chair of the ABA White Collar Crime of public funds and embezzlement. There were sixteen Corrupt Practices Act, stock options backdating, tax
Committee and co-chair of an elite group of insiders criminal felony counts charged. At the preliminary fraud, federal and state health care law violations and
who meet privately with DOJ officials in Washington, hearing, Marino was successful in getting five of the corporate opportunity issues. He handles heavyweight,
he is the ultimate insider with everyone who is impor- sixteen counts dismissed. On the eve of trial, the pros- national matters and is commended for his trial
tant in this highly specialized field. ecution offered a plea agreement which would have expertise, with sources noting he is “an excellent trial
Lincenberg has also been retained by federal and required Marino’s client to plead guilty to two felony lawyer who is very dedicated and held in very high regard.”
local government agencies to defend public officials. counts and agree to $250,000 in restitution. That offer Marmaro has represented Big Four accounting firms
By way of example, in the last few years alone, he has was rejected. At the conclusion of the six-week jury and their executives in civil, regulatory and criminal liti-
successfully defended high tech, securities, banking, trial, Marino’s client was found guilty of three of the gation, and has conducted internal investigations for
academic, real estate, and health care officers and remaining eleven felony counts. After hearing on a accounting firms in Securities and Exchange Commission
executives – achieving complete victories at trial and motion for a new trial, the court granted the motion. (SEC) and Public Company Accounting Oversight Board
then where necessary on appeal, his work has generat- At sentencing, Marino’s client was sentenced on only (PCAOB) matters, which have included Foreign Corrupt
ed high praise from both attorneys and judges. a single felony count to probation, and ordered to pay Practices Act (FCPA), fraud, breach of contract and negli-
just over $20,000 in restitution; a significant victory. gence issues. He currently is lead counsel in a highly con-
fidential matter representing a major accounting firm in
its largest ever arbitration proceedings.
George B. Newhouse, Jr. Mike Piazza Jeffrey H. Rutherford
Partner Partner Partner
Dentons US LLP DLA Piper Crowell & Moring LLP
George B. Newhouse, Jr., Mike Piazza’s distinguished For clients facing high-stakes
Partner at Dentons US LLP, legal career focuses on securities litigation, Jeffrey H. Rutherford, a
obtained two defense verdicts in and white collar litigation, busi- Los Angeles-based partner in
his last two trials in 2014 and ness litigation and complex com- Crowell & Moring’s White Collar
2015, ensuring a trial streak of mercial litigation. He regularly & Regulatory Enforcement Group
five straight defense verdicts in handles the defense of individu- is a go-to white collar attorney
criminal trials in state and federal als and companies faced with and trial lawyer. He focuses his
courts and in SEC enforcement allegations of wrongdoing assert- practice on white-collar criminal
proceedings over the past decade, ed by US regulators (SEC, CFTC, defense for individuals and busi-
including two trial victories over FTC), the US Department of ness entities facing high-profile
the Securities and Exchange Commission. Justice, state attorneys general and foreign regulators. public corruption, fraud and other criminal charges.
One example of his success was in March of this He is experienced with internal SEC procedures and Indeed, clients turn to Rutherford when their fate
year, when a federal jury in Santa Ana cleared former enforcement policies, including those concerning the hangs in the balance. As a former federal public
NFL star and Olympic athlete Willie Gault of securities Foreign Corrupt Practices Act and Dodd Frank whistle- defender in the Central District of California,
fraud, soundly rejecting all of the SEC’s allegations blower provisions. Previously, he was the Regional Rutherford learned to win cases on a shoestring budg-
that Gault committed securities fraud in connection Trial Counsel for the Pacific Regional Office of the et and to advocate creatively on behalf of his clients.
with the purchase and sale of the securities of Los Securities and Exchange Commission. Now, in private practice, Rutherford brings a quiet,
Angeles-based Heart Tronics, Inc. in late 2008. Piazza has wide-ranging securities and white collar low-key approach to high-stakes and high-profile mat-
Newhouse was lead counsel at trial. The jury found litigation experience. He was the lead SEC trial attor- ters, handling some of the most significant cases in
that Gault committed no fraud during his short tenure ney in the Commission’s civil lawsuit against ex- Southern California. He has been lead counsel on
as co-CEO of the company. In June of last year, Gemstar CEO Henry Yuen, which resulted in one of more than a dozen civil and criminal jury trials and
Newhouse obtained a complete acquittal in the the largest civil penalties ever obtained at trial against has argued and briefed numerous cases before the
Superior Court for the County of Riverside on behalf an individual. In that case, the court found Yuen liable Ninth Circuit Court of Appeals.
of a manager of a Del Taco in Hemet who was charged for masterminding a massive accounting fraud at the Recently, Rutherford led the trial team that tried a
with assault with a deadly weapon following a melee company and ordered that he pay $22.3 million for qui tam suit under the civil False Claims Act on behalf
in the parking lot of the fast food restaurant. securities law violations. He was also lead SEC trial of Lockheed Martin and won a complete defense ver-
counsel in a case against a rogue hedge fund operator. dict. He also represented the founder of a high-per-
After a four-week jury trial in Dallas, he obtained a forming charter school on charges of misappropriation
verdict against the investment advisor on multiple of public funds, embezzlement, and tax fraud in a case
counts of securities fraud. During his time in the Los that has had a significant impact on education policy
Angeles SEC office, he also was lead trial counsel on in California.
other major SEC cases.31 37_mostinfluentiallawyers.qxp 7/23/2015 3:48 PM Page 35
JULY 27, 2015 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 35
MOST INFLUENTIAL LAWYERS WHITE COLLAR AND CYBER CRIME
David Schindler Dan Shallman Dominique Shelton
Partner & White Collar Defense & Investigations Practice Partner Partner
Co-Chair Covington & Burling LLP Alston & Bird
Latham & Watkins LLP
As the co-chair of the ABA’s Dominique Shelton is one of
David Schindler is a leading white collar crime committee for the top practitioners dealing with
lawyer when it comes to han- Southern California, Dan privacy and cyber law, with a par-
dling the most complex, high- Shallman is a high-profile leader ticular focus on the media and
profile cases involving white col- in the white collar community entertainment industry. The
lar and government investiga- and is widely respected by his majority of her time is spent
tions and enforcement, including peers. In March, he joined advising on evolving digital
FCPA matters, healthcare fraud Covington to lead its Southern media issues and compliance, as
and abuse, securities fraud, and California white collar defense well as expansive digital advertis-
data breach and privacy matters. and investigations practice and to ing laws related to the protection
He is a partner in the Los Angeles help launch its new Los Angeles office. Shallman of personal information. As a counselor, Shelton has
office of Latham & Watkins and is a member and Co- joined the firm after a distinguished career as both an represented companies in a variety of industries and
chair of the firm’s White Collar Defense and Assistant U.S. Attorney in Los Angeles and as a partner service sectors, including digital sales and marketing,
Investigations Practice. at O’Melveny & Myers LLP. His reputation and leader- advertising, wireless/mobile, Internet, lead generation,
Among the highlights of Schindler’s recent work is ship in the Los Angeles legal and white collar commu- manufacturing and electrical, software, telecommuni-
US v. Tenet Healthcare. Schindler is representing Tenet nities led Covington Vice-Chair Lanny Breuer (former cations, and television. She advises clients on cutting
and several of its hospitals in parallel criminal and head of DOJ’s Criminal Division) to recruit Shallman. edge legal issues arising from Web 3.0 marketing,
civil False Claims Act matters involving allegations of Prior to and since joining Covington in the spring including behavioral advertising, social networking
violations of the federal Anti-kickback Statute related of 2015, Shallman has handled a string of impressive websites, user-generated content, mobile marketing,
to arrangements between several Tenet facilities and matters. Among other significant representations, he mobile apps and digital advertising.
Clinica de la Mama, a clinic providing pre-natal care has handled representation of the Audit Committee of Shelton is also a skilled litigator, having defended
to undocumented Hispanic women. The US and the a leading international gaming company in a DOJ and various state and federal laws, including but not limited
State of Georgia have intervened in the civil matter, SEC investigation regarding alleged improper pay- to the Fair Credit Reporting Act, Telephone Consumer
which is pending in the Middle District of Georgia. ments to foreign government officials and handling Protection Act (TCPA), Federal Trade Commission Act
Schindler also represented Delta Airlines in a high-pro- with novel issues regarding foreign data privacy laws. (FTC Act), Electronic Communications Privacy Act
file test of California’s Online Privacy Protection Act He also represented a leading Los Angeles-based inter- (ECPA), Computer Fraud & Abuse Act, California False
(“CalOPPA”) filed by California Attorney General net company in responding to international cyber- Advertising Law (Business & Professions Code §17500),
Kamala Harris. The California AG alleged that Delta attacks and led the company’s efforts to work with law California Unfair Competition Law (Business &
failed to protect consumer’s privacy and that the air- enforcement in an international investigation in an Professions Code §17200), and California Penal Code §
line was liable for millions of dollars in sanctions. attempt to apprehend the suspects. 502. Recently, Shelton has worked as lead partner on
Schindler successfully persuaded the trial court to dis- many significant matters for some of the biggest com-
miss the action and the matter is pending on appeal. panies in the state
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CROWELL.COM31 37_mostinfluentiallawyers.qxp 7/23/2015 2:44 PM Page 36
36 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL JULY 27, 2015
MOST INFLUENTIAL LAWYERS WHITE COLLAR AND CYBER CRIME
Rasha Gerges Shields Matthew E. Sloan John F. Stephens
Partner Partner, Litigation Partner
Jones Day Skadden, Arps, Slate, Meagher & Flom LLP Sedgwick LLP
Rasha Gerges Shields, a part- Matthew E. Sloan is a partner Resident in the Los Angeles
ner in the Los Angeles office of in Skadden’s Los Angeles office of Sedgwick LLP, John F.
Jones Day, is an accomplished Litigation Group. His practice Stephens is chair of the firm’s
trial and appellate lawyer, with focuses on white collar criminal Cyber Security and Privacy prac-
extensive experience in the areas defense, Securities Exchange tice. Because of the rapidly evolv-
of white collar crime, internal Commission (SEC) enforcement ing nature of this area of law,
corporate investigations, and actions and complex commercial practitioners like Stephens face
cybersecurity. Prior to rejoining litigation. He has extensive trial constantly shifting legislation
Jones Day in 2014, she was an experience and has handled a and other challenges as they
Assistant United States Attorney variety of civil and criminal mat- advise clients that operate in a
in Los Angeles for more than seven years. As a federal ters. In his more than 20 years of experience, both in fast-paced digital economy. Stephens has been desig-
prosecutor, Shields prosecuted hundreds of cases for a private practice and as a federal prosecutor, Sloan has nated as a Certified Information Privacy Professional,
variety of federal crimes, including white collar conducted several internal investigations for large United States (CIPP/US) by the International
crimes and cyber-related crimes. Upon leaving the domestic and foreign companies, involving allegations Association Privacy Professionals (IAPP), the world’s
U.S. Attorney’s Office, she returned to Jones Day in of insider trading, securities fraud and violations of largest information privacy organization.
the Fall of 2014, having previously worked for Jones the Foreign Corrupt Practices Act (FCPA). Prior to join- Stephens represents clients across a wide spectrum of
Day as an associate from 2003 to 2007, where she ing Skadden, Sloan served as an assistant U.S. attorney industries on all facets of the often intersecting spheres
handled several complex white collar criminal in the Major Frauds Section of the U.S. Attorney’s of privacy and data protection. His clients include lead-
defense matters, including in the areas of corporate Office and as an assistant U.S. attorney for the District ing international insurance companies, healthcare com-
bribery charges, criminal copyright infringement, and of Columbia. During his tenure in the U.S. panies, media and entertainment companies, and major
bankruptcy fraud. Since her return, Shields has Department of Justice, Sloan conducted numerous retailers. Sedgwick is one of the only law firms to pro-
focused her practice on white collar criminal defense grand jury investigations and was the lead or co-lead vide insurance carriers specializing in cyber-liability
and educating clients about cybersecurity issues. counsel in more than 30 trials, including the success- insurance with data privacy and security attorneys who
Shields has been identified by outside sources as a ful prosecution of defendants for securities fraud, also have decades of insurance coverage, litigation
prominent authority and thought leader on the health care fraud, bank fraud, wire fraud, money laun- defense and insurance regulatory experience. With high-
important issue of cybersecurity. Shortly after the Sony dering and various narcotics and firearms offenses. profile data breaches regularly making national head-
cyber attack was disclosed to the public, Shields was a Recently, Sloan has defended individuals and cor- lines, Stephens understands that keeping his clients out
featured speaker and organizer of a Cybersecurity porations in all phases of complex civil, criminal and of the headlines to begin with is a highly valued service.
Preparedness training presented to in-house counsel at regulatory matters involving allegations of securities He frequently advises clients with respect to federal and
the major film studios through the Motion Pictures fraud, government contractor fraud, false claims act state privacy-related laws and regulations, including
Association of America. allegations and violations of the FCPA. international data protection laws, which present com-
plex challenges for multinational companies.
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October 30, 2015 November 13, 2015 please call 323.549.522531 37_mostinfluentiallawyers.qxp 7/23/2015 2:44 PM Page 37
JULY 27, 2015 AN ADVERTISING SUPPLEMENT TO THE LOS ANGELES BUSINESS JOURNAL 37
MOST INFLUENTIAL LAWYERS WHITE COLLAR AND CYBER CRIME
Erik Syverson Donna L. Wilson Debra Wong Yang
Partner, Co-Chair of the Cyber Liability Practice Partner & Co-Chair, Privacy & Data Security Practice Co-Chair White Collar Defense & Investigations/Co-Chair
Raines Feldman LLP Manatt, Phelps & Phillips LLP Privacy, Cybersecurity & Consumer Protection
Gibson Dunn & Crutcher LLP
Erik Syverson is a well-known Manatt’s Privacy and Data
cyber liability litigator at the firm Security Co-Chair Donna Wilson Debra Wong Yang focuses her
of Raines Feldman, LLP. He has a brings and defends complex cases practice on strategic counseling,
reputation as a bulldog litigator and class actions on behalf of corporate compliance and gov-
who understands the nuances of clients in highly regulated indus- ernment investigations and litiga-
cyber-crimes and the underlying tries. She focuses on counseling tion. She litigates in federal, state
technology enabling such crimes and defending clients with and appellate courts. She has also
to be committed. He has devoted respect to privacy/data security served as a DOJ-appointed moni-
the last 10 years of his practice to and other consumer protection tor over an orthopedic manufac-
cyber-liability cases typically matters. A tenacious, non-linear, turing company with health care
focusing upon federal and state statutes that provide practical strategist, her experience as a trial lawyer compliance and regulatory issues.
from criminal and civil liability. Examples include the informs her approach to client advisory services, litiga- She has also represented companies and boards in
Computer Fraud and Abuse Act, the Electronic tion and settlements. internal investigations, compliance matters, and crimi-
Communication Privacy Act, California Penal Code Since joining Manatt in late 2013 as its co-chair of nal investigations. In addition, she has provided
Section, the Lanham Act and the Digital Millennium the Privacy and Data Security group, Wilson has guid- advice on matters relating to FCPA, trade secrets, and
Copyright Act. ed clients through cases and issues that reflect the cyber/data intrusions. She has overseen teams of attor-
In the previous year, Syverson defended multiple range of cyber challenges and issues facing companies neys conducting internal investigations and has
illegal email access cases including one involving today. For example, she represented an insurance com- reviewed compliance programs in a variety of indus-
divorcing spouses. The case was entitled Kung v. Chow pany in responding to a challenging information secu- tries. She has also managed matters in the crisis arena
and was disposed of without any criminal liability on rity incident involving the theft of sensitive personal relating to recalled products, health care and insur-
the part of Syverson’s client. In another high profile information and defending the company in resulting ance.
case, Richemont v. Tradekey, et al., Syverson’s client, litigation. She also successfully represented an e-com- Yang previously served as the United States
an electronic marketplace, was accused of facilitating merce company in a data security incident involving Attorney for the Central District of California. In that
an international counterfeiting ring. Syverson’s client unique third-party issues related to Payment Card role, she served on President George W. Bush’s
was not charged criminally and the team secured civil Industry (PCI) compliance. Other high profile cases Corporate Fraud Task Force and chaired the Attorney
liability of only $71,000 whereas the plaintiff’s sought Wilson has handled include representing a healthcare General’s Advisory Committees on Cyber/Intellectual
in excess of $140 million in damages which would company in bringing suit against unknown fraudsters Property and Civil Rights. She was previously a
have been the highest award of statutory damages by engaged in a multi-layered spoofing and phishing California state judge, appointed to the Los Angeles
any Court in the world. scheme. She has also represented retailers and other Municipal Court in 1997, serving for a time as a
companies in various statutory damages cases, includ- Supervising Judge, and a member of the Los Angeles
ing under Massachusetts and California data collection Superior Court bench in 2000. She served as an
laws, as well as the Telephone Consumer Protection Assistant U.S. Attorney for seven years prior to that,
Act (TCPA). where she handled violent crimes, white-collar crimes,
arson and computer crimes.
We salute you.
Manatt is proud to congratulate our partners
John Libby and Donna Wilson
on being named among the Los Angeles Business Journal’s Most Influential Lawyers in
White Collar and Cyber Crimes Law.
Manatt, Phelps & Phillips, LLP manatt.comYou can also read
