Jenner & Block

David C. Lachman is an accomplished litigator who represents corporations and individuals in high-stakes criminal and regulatory matters, including before DOJ, the SEC, and other federal and state regulators. He focuses on sensitive government-facing and internal investigations, particularly those involving fraud, foreign corruption and bribery, false claims, export controls, conflicts of interest, and other laws and regulations relating to government contracting. His clients include Fortune 500 government contractors, media and entertainment companies, and companies with significant operations in Latin America. Mr. Lachman is also an experienced compliance counselor, and helps clients to design and implement effective ethics and compliance programs that meet their business needs and the expectations of regulators.

Internal Investigations
Mr. Lachman leads complex internal investigations into alleged violations of laws, company policies, and other ethics and compliance issues in both the United States and internationally. He guides clients through all phases of an internal investigation, from developing the investigative strategy and conducting the investigation to designing remediation plans, navigating potential disclosure to government authorities, and negotiating resolutions with those authorities.

His representative engagements in this area include:

  • Leading an internal investigation on behalf of a Fortune 100 government contractor into alleged False Claims Act violations.
  • Leading an internal investigation on behalf of a major Canadian government contractor into procurement integrity and gifts and hospitality issues.
  • Serving as one of the team leaders conducting an investigation in connection with the monitorship of Credit Suisse AG following the bank’s $715 million settlement with the New York Department of Financial Services.
  • Representing a non-governmental organization in an investigation into personnel-related concerns and providing recommendations for enhancements to the organization’s policies and procedures.
  • Representing multinational corporations in confidential FCPA investigations and other matters involving their operations in Latin America.
  • Representing a Fortune 500 corporation in an internal investigation and successful mediation to settle claims arising out of its former operations in Peru.
  • Conducting an internal investigation into a major motion picture studio’s use of tax-advantaged film financing.

White Collar Criminal Defense
Mr. Lachman defends corporations and individuals in criminal, regulatory, and civil enforcement actions brought by the Department of Justice, the Securities and Exchange Commission, and other federal and state regulators. He also assists clients in responding to subpoenas, Civil Investigative Demands, and other regulatory inquiries. He frequently has achieved non-public resolutions of government investigations without charges, media coverage, or significant business disruption for his clients.

His representative engagements in this area include:

  • Representing a Fortune 100 government contractor in responding to subpoenas, Civil Investigative Demands, and other criminal and regulatory inquiries.
  • Representing individuals in domestic and international criminal investigations of foreign exchange trading practices.
  • Representing a law firm regarding document and trial subpoenas relating to the public corruption prosecution of the former Speaker of the New York State Assembly.
  • Representing the former CEO of a Fortune 500 technology company in DOJ and SEC investigations into stock options backdating practices.
  • Defending a renowned art museum in a government investigation into the alleged misuse of endowment funds and other corporate governance issues.
  • Defending a baseball executive in a DOJ investigation of criminal tax evasion, resulting in a decision by the government not to bring any charges.

Compliance Counseling
Mr. Lachman works with clients to assess and enhance their overall compliance framework and compliance culture. In particular, he helps them develop effective ethics and compliance programs that are tailored to their particular risk profiles and business needs, while also meeting the heightened expectations of government authorities. He also provides strategic compliance advice to clients on issues such as conflicts of interest, anti-bribery and corruption compliance, procurement integrity, government contracting regulations, and data privacy.

His representative engagements in this area include:

  • Leading a global assessment of a major government contractor's ethics and compliance program and developing recommendations for senior leadership.
  • Serving as one of the team leaders conducting an in-depth compliance review of Credit Suisse AG in connection with a monitorship imposed by the New York Department of Financial Services.
  • Counseling a Canadian government contractor on anti-bribery and corruption compliance.
  • Advising corporate clients on developing and implementing effective, risk-based ethics and compliance programs:
    • Evaluating their ethics and compliance programs and overall compliance culture
    • Conducting risk assessments and developing risk mitigation plans
    • Reviewing existing policies and procedures, internal controls, and monitoring systems
    • Testing adherence to compliance policies and procedures
    • Developing and delivering effective compliance-related training
    • Enhancing internal reporting systems
    • Strengthening processes for investigating and disciplining potential misconduct

High-Stakes Civil Litigation
Mr. Lachman has significant experience in a wide range of “bet-the-company” litigation on behalf of media, technology, and other companies.

His representative matters in this area include:

  • Representing a Fortune 100 corporation in bringing legal challenges to laws and regulations affecting its operations in several Latin American jurisdictions.
  • Representing a national department store retailer in a trial in New York State court over the rights to market and sell goods designed by Martha Stewart.
  • Defending a motion picture studio against claims brought by the heirs of J.R.R. Tolkien regarding the participation accounting for the Lord of the Rings movies and the rights to make movies based on The Hobbit.
  • Representing a technology company in trade secret litigation brought by a competitor over the hiring of former employees and the alleged theft of ideas.

Pro Bono Practice
Mr. Lachman maintains an active pro bono practice. He has represented individual criminal defendants in proceedings in the Southern District of New York, either convincing the government not to bring charges or obtaining below-Guidelines sentences in all cases. He has served as lead counsel in a successful asylum appeal to the Board of Immigration Appeals, and as amicus counsel in a successful appeal of a conviction by a military commission. He also has represented clients before the Inter-American Commission on Human Rights in cases involving domestic violence in the United States and the mass expulsion of Haitians and Dominicans of Haitian descent from the Dominican Republic.

Mr. Lachman is a fluent Spanish speaker.