Attorneys in this practice area represent individuals and companies accused of financial crimes in criminal suits, often brought by the DOJ, and conduct investigations at companies to determine if any parties engaged in wrongful conduct. White collar attorneys often work as prosecutors either before, after, or in between stints as defense counsel in private practice. The day-to-day practice of white-collar defense is similar to civil litigation and includes discovery, research, drafting, factual development, and motion practice, but with significant client contact, especially when representing individuals. Internal investigations can be a very hands-on practice. Attorneys will often go to a company to review documents and interview employees to develop an understanding of facts in the face of allegations of financial or other impropriety by individuals at the corporation. Lawyers in this area are often called in to be crisis managers.
- 1L core curriculum
- Criminal Procedure
- Legal Research and Writing
- Mock Trial
- Crisis Management firms
- Government prosecutor
- Large law firm practice
- White collar boutique
Describe your practice area and what it entails.
As a partner in Davis Polk’s white collar group, I represent companies, boards, and individuals in critical situations, including when they are facing scrutiny by criminal and regulatory authorities, such as the DOJ, SEC, and Commodity Futures Trading Commission (CFTC). I also advise companies and boards on governance and compliance.
A large part of my practice involves conducting internal investigations, as well as representing and advocating for companies and individuals under investigation by the DOJ or SEC. These matters span a wide variety of subject matters, including anti-corruption, securities fraud, whistleblower protection regulation violations, market manipulation, money laundering, and other financial crimes. Many of these matters are extremely sensitive and highly confidential. I also regularly advise clients on the design of and enhancements to their compliance programs.
In the wake of the #MeToo movement, I also represent multinational companies and boards on various critical work-place misconduct matters, including highly sensitive sexual misconduct investigations, proactive assessments, crisis management, and related compliance.
What types of clients do you represent?
I represent a wide variety of clients. My clients include companies and boards of directors across industries including healthcare, technology, telecommunications, consumer products, media, and mining and metals, as well as financial institutions, hedge funds, cryptocurrency companies, and private equity firms. I also frequently represent individuals, for example, when they are being investigated by the DOJ or SEC, have potential personal exposure in an investigation of a company, or when they are witnesses called to testify or to be interviewed by the government in connection with a matter.
What types of cases/deals do you work on?
I work on all manner of criminal and civil investigations, as well as a lot of proactive, compliance-related work across a range of industries and involving a wide variety of subject matter. Some of my most interesting work has involved investigations into allegations of sexual harassment, sexual misconduct, or other workplace misconduct. In addition, clients have engaged us to conduct proactive assessments of their policies and procedures related to sexual harassment and workplace misconduct to identify whether they have any issues that they need to address with enhancements to their compliance program. These matters are often confidential due to their extreme sensitivity.
How did you choose this practice area?
Joining the white collar group at Davis Polk gave me the opportunity to work on cutting-edge legal issues in a dynamic and challenging environment from very early in my career. Many of our matters are ripped from the headlines. After joining the firm, I was almost immediately staffed on high-profile matters involving major clients of the firm, learning from some of the leading practitioners in the field.
When I was a third-year associate, I worked on a Foreign Corrupt Practices Act matter for an international mining company. I loved digging into the facts, learning about the mining industry as well as about the governments in the many jurisdictions in which our client operated. I traveled throughout Australia and Europe for the matter, helping interview employ-ees to learn the facts and brief the client. I also found that I enjoyed the process by which we presented our findings to the government, the process of advocating for our client to various government agencies, and collaborating with counsel for the company outside the United States.
What is a “typical” day like and/or what are some common tasks you perform?
The only “typical” thing about any of my days is that they are never quite the same! I might be preparing a witness for a government interview, accompanying a witness into court to give testimony, giving a presentation to the DOJ or SEC, meeting with a client and a Davis Polk team about case strategy, working on a white paper as part of advocacy to the government, or simply learning the facts of a new case. There is also a lot of collaborating with colleagues, both within the white collar group and more broadly across the firm. Most days are fast paced, varied, and very interesting. I also spend time many days catching up with my clients—taking them to lunch or dinner or just catching up over the phone or on email.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
While I don’t think there is any one particular class one should take to be successful in white collar, a strong research and legal writing foundation is key, as is very keen attention to detail. It is also helpful to develop a good understanding of how the various government agencies and enforcement authorities that we deal with on a regular basis operate and how they interact with each other—the DOJ (Main Justice and the various U.S. Attorneys’ Offices), the SEC, the CFTC, district attorneys’ offices, state attorneys general, etc. While I did not spend any time working for the government (other than internships during law school), many white collar lawyers spend parts of their careers working for the government and frequently go back and forth between the government and private practice.
What do you like best about your practice area?
The most rewarding aspect of being a white collar lawyer at Davis Polk is being able to work on high-profile and complex cases with colleagues and clients, who are both brilliant and fun to work with. I am constantly learning new things about my clients’ businesses, helping them face new challenges, and collaborating with them on how best to overcome these challenges.
What are some typical tasks that a junior lawyer would perform in this practice area?
Junior lawyers in white collar perform a broad array of tasks. They are the masters of the facts of any case, which is one of the most important roles there is. They learn the nuances of the matter and very often become the go-to team member on complicated facts for both the Davis Polk team and the client. On one of my recent matters, we represented many individual witnesses in a fraud trial, and each witness was assigned a junior associate team member who was responsible for that witness’ preparation. The junior lawyer found the most important documents for each witness, prepared detailed witness outlines, and helped prepare the witnesses. On my matters, juniors participate in calls and meetings with the client and government, and they often lead portions of internal and client-facing meetings.
What are some typical career paths for lawyers in this practice area?
There are so many interesting and varied career paths for white collar lawyers. So many of my colleagues have gone on to have fascinating careers in very senior positions in the government— whether at Main Justice, a U.S. Attorney’s Office, the SEC, or Treasury. Many of them have also come back to the firm after serving in the government. Many others have gone on to extremely interesting in-house roles at financial institutions, international companies, and crypto companies. Sometimes I am lucky enough to work with my colleagues who have left as clients!
How important is prior criminal law experience (e.g., working for the prosecutor’s office or district attorney) in paving a successful career in white collar defense?
While it can be helpful to have criminal law experience (DA’s office, U.S. Attorney’s Office), it is by no means a prerequisite. The vast majority of associates who come to the firm do not have this experience, and they build their skills through Davis Polk’s training program, learning on the job, and from their Davis Polk mentors and colleagues. That said, if a student is interested and has the opportunity to apply for an internship at a DA’s office or U.S. Attorney’s Office, it can be a wonderful learning experience.
Sidney Bashago represents companies, boards of directors, financial institutions, and individuals in criminal, regulatory, and internal investigations involving allegations of securities fraud, sexual misconduct, foreign corrupt practices, money laundering, and other financial crimes. Sidney also advises companies and boards on governance and compliance.
Sidney has represented multinational companies, boards, and other entities on various critical workplace misconduct matters, including highly sensitive sexual misconduct investigations, proactive assessments, crisis management, and related compliance.
Describe your practice area and what it entails.
I work with clients facing government investigations or regulatory inquiries, especially clients that provide consumer-facing financial products or services and those in the fintech space. The financial services space is highly dynamic with respect to the products that are offered and the rules that apply. I help our clients navigate complex and government investigations before state and federal regulators such as the Consumer Financial Protection Bureau, the FTC, and state attorneys general on everything from counseling clients about regulatory compliance with consumer finance laws to responding to governmental subpoenas and negotiating the resolution of an investigation or litigation.
What types of clients do you represent?
Most of my clients are fintechs or companies that have consumer-facing products and services, which include financial services companies and individual executives in the fintech industry. The clients I have represented are diverse within the industry, including large and rapidly scaling payments companies, buy-now pay-later providers, earned wage access providers, prepaid card companies, mortgage lenders, student loan servicers, a national tax preparer, and individual directors and officers of financial institutions.
What types of cases/deals do you work on?
Most of my matters start when a company has received an investigative subpoena from a regulator. Often, the regulator’s inquiries relate to whether a company’s practices violate state or federal laws, such as the Unfair and Deceptive Acts or Practices and the Unfair, Deceptive, or Abusive Acts or Practices statutes, as well as other consumer finance laws. I help clients respond to these inquiries by, for example, negotiating with the government to negotiate the scope of the requests; fact gathering, such as identifying potentially responsive materials and overseeing document collections; managing and preparing document reviews and productions; preparing and defending witnesses for interviews or investigational hearings; analyzing and understanding what story the information we produce will tell and working to develop a counternarrative; and identifying potential areas of exposure.
How did you choose this practice area?
I came to it somewhat organically. I started out doing general litigation; I had worked as a paralegal in the U.S. Attorney’s Office before law school and then as a law clerk in a trial and appellate court after law school. I had some great experiences as a junior associate working on commercial disputes, but as I began working on investigations, I found that I really enjoyed the strategy and negotiation involved in government investigations and the overall cadence of these types of cases. I also really enjoy working with our clients to develop strategy around how best to explain their businesses and practices to the government in ways the government may not have fully understood before and advocating for why their products and services are beneficial to consumers.
What is a “typical” day like and/or what are some common tasks you perform?
A typical day involves a lot of coordination with my team on upcoming deadlines. I’m often on calls with clients discussing the details of our responses to regulators, advising on issues relating to regulatory compliance, or talking through the broader strategy for how we’re handling an investigation. I also review document summaries that junior associates prepared and provide feedback. I work very closely with junior and mid-level associates who are usually the first to draft emails to a client or a regulator, tackle legal research, draft responses or a brief, or identify documents. At Paul Hastings, associates play a significant role in our substantive work from day one of their careers. I’ll give them an assignment, we discuss the approach, and I provide feedback or rework the original draft. That’s the usual process and a good part of a typical day for me. This process aligns with the firmwide focus on mentoring; from day one, we push associates beyond their comfort zones through hands-on mentoring in addition to formal training throughout their careers.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
I think practical experience is always the most valuable. Experience in government is especially helpful for junior associates because it gives them real insight into how the government operates. Experience working directly with clients or potential clients through pro bono work or situations in which you interview people and gathering information is also great. Past work experience where you’ve had to distill information to pass along to someone else is very valuable in this practice. Also, anyone who has had to manage their time in a stressful environment brings something useful to the table; knowing how to prioritize, stay organized, and maximize your efficiency is critical. This kind of experience can come from any context or any job.
What is the most challenging aspect of practicing in this area?
I would say the most challenging part is bridging the gap between our clients and the government. It’s also the most rewarding part, which makes it fun. We’re advocating for our clients in a way that helps the government understand their position, showing that our clients are actually trying to help consumers in ways the regulator may not have fully appreciated at the outset. This advocacy sometimes happens through meetings and conferences and other times through writing, such as in responses to government requests or voluntary submissions. A big part is stepping back and reframing the question the government has asked based on certain assumptions. That’s actually the fun part of the job but also the most challenging.
What do you like best about your practice area?
I really enjoy working with colleagues who are constantly thinking about both the macro and micro strategy of representing clients. Paul Hastings’ firm culture centers on collaboration. On the one hand, how do we approach an investigation as a whole? On the other hand, how do we respond to each specific request? What’s interesting is how these two levels interact with each other. Our decisions in responding to specific requests can impact our broader strategy, and vice versa. It’s not just about the immediate issue; it’s also about what it means for our client and how they think about consumer protection more broadly, especially given changes in technology and evolving consumer expectations. All of these issues are interesting to me from both a practical and academic standpoint.
What are some typical tasks that a junior lawyer would perform in this practice area?
Junior associates play a big role in our work. They typically are the ones most in the weeds when we collect facts and documents from clients and, based on that knowledge, help to review requests from the government and figure out how we should respond. They analyze these requests, conduct legal research, and draft letters and memos to the government. They also review documents to provide analysis and summaries, identifying what’s important to our case or what might be problematic for our client. They then present all of this work to the more-senior attorneys on the team and help us prepare for the next step, which might be a report or recommendation to the client or a meeting with a regulator.
How do you see this practice area evolving in the future?
I think our practice area will continue to evolve alongside technology. I think we will see new issues emerge as consumer expectations and understanding of financial products change. AI is one big area: More companies are adopting it, regulators have questions about how it’s being used, and consumers are asking what their rights and protections are in this space. We are also considering how to use AI in our own practice. Finally, as our firm continues to grow very rapidly and take on increasingly large and complex cases, our practice is on track to expand to handle more sophisticated, high-stakes matters that require deeper knowledge, innovative thinking, and enhanced cross-practice collaboration.
Erin Zacuto Cass is of counsel in Paul Hastings’ fintech and investigations and white collar defense practices. She represents financial services companies and individuals in confidential federal and state investigations, including investigations by the Consumer Financial Protection Bureau, the FTC, state attorneys general, and state banking agencies. She counsels finance companies and individuals in identifying risks and adhering to regulatory requirements with respect to consumer protection laws.
Erin previously served as a law clerk in the Court of Special Appeals of Maryland and the Circuit Court for Montgomery County in Maryland. Prior to attending law school, she worked as a paralegal specialist in the U.S. Attorney’s Office for the Central District of California.
Describe your practice area and what it entails.
I handle white collar criminal defense matters, which include internal investigations and criminal and civil government investigations. These matters include representing companies or individuals in grand jury matters and enforcement actions conducted by the DOJ, the SEC, and state government agencies. Matters in these areas typically require crisis management; fact gathering; complex legal analysis; knowledge of various areas of the law; solutions-focused strategies; knowledge of the criminal process from arraignment to sentencing; motions practice experience; trial experience, if applicable; and the ability to connect with people, clients, and the government.
What types of clients do you represent?
I represent clients across industries, including life sciences and healthcare, financial services, technology, and maritime. Although my clients tend to be companies within these industries, I have also represented individual clients in criminal matters and government investigation matters.
What types of cases/deals do you work on?
Generally, my practice focuses on conducting internal investigations and handling government inquiries at all levels (local, state, and federal) across the United States. Some of my current cases have a global reach, and for those cases, I work with colleagues in Europe, South America, and the Asia-Pacific (APAC) region to surround our clients with the expertise relevant in these areas of the world. My current cases tend to focus on aspects of healthcare fraud, and I have also handled numerous investigations on behalf of clients involving financial fraud and aspects of civil and criminal forfeiture.
How did you choose this practice area?
At my previous firm, I assisted with an internal investigation as a junior associate. This experience was without a doubt the most rewarding and enriching one I had during my time there. While in Massachusetts, I also attended various forums and seminars that concentrated on federal criminal practice, and it was through that exposure—in addition to the mentoring received by several lawyers in my cabinet—that I developed an understanding of how best to have a successful criminal defense practice. This is what led me to pursue a position as an assistant U.S. attorney. Moreover, the incredible experience I had as an assistant U.S. attorney reinforced my strong desire to continue my work in this practice area.
What is a “typical” day like and/or what are some common tasks you perform?
My typical day includes a large number of phone calls either advising clients on current matters or performing various aspects of internal investigations. I am responsible for reviewing and analyzing documents and/or government requests, meeting with my Sidley colleagues who are staffed on my current matters, conducting interviews either on Zoom or in person at client sites, drafting briefs for current matters in court, and/or preparing for oral arguments.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
For junior lawyers interested in this particular practice, I would highly recommend prosecutorial experience at some point in their legal career. For law school students interested in this practice, it is beneficial to embrace judicial clerkships and take advantage of any opportunities that provide writing experience and complex legal research opportunities.
What do you like best about your practice area?
I thoroughly enjoy every aspect of white collar criminal defense work. My former prosecutorial experience in the U.S. Attorney’s Office in the District of Massachusetts was one of my favorite and most impactful career opportunities. Working with agents across many federal government agencies—and, in particular, developing investigations and cases—allowed me to grow both professionally and personally in many ways that have allowed my defense practice to evolve throughout the years. The investigatory aspects of being a former prosecutor—namely, delving into who, what, when, where, and why (at the very least)—are very similar to those involved in handling internal investigations and government inquiries. I take great satisfaction in working collaboratively with clients with responding to and handling crises, advising clients on complex white collar matters that arise, and most of all, helping clients navigate ways that avoid similar situations in the future.
What are some typical tasks that a junior lawyer would perform in this practice area?
The typical tasks a junior lawyer would perform in this particular area vary based on the matter. However, generally, for each matter, as it relates to conducting internal investigations, a junior lawyer may assist with document review and collection; prepare for investigatory interviews, including drafting portions of interview outlines; analyze information received through interviews and documentary review and assist with the assessment of risk and potential remedial measures; and assist with the drafting of reports relative to the client’s potential risk areas and recommended potential solutions. As it relates to investigations that are commenced by government agencies, a junior lawyer may assist with information collection, including document collection and review, interviews of key client personnel who may be the target of the investigation, and assessments related to the government requests, as well as responses to such requests. Additionally, depending on level of seniority, a junior lawyer may participate in client interviews and/or conversations with government agencies. For active matters that are being litigated in court, junior associates may assist with case law research, draft portions of briefs, and assist with oral argument preparation and, if relevant, trial preparation.
What kinds of experience can summer associates gain in this practice area at your firm?
Similar to tasks that a junior associate would undertake in this area, I strongly believe in giving summer associates a glimpse into the type of work and assignments they would be taking on as a junior-level associate. These tasks would include performing document review; conducting case law research on cutting-edge, complex legal issues relevant to the matters we are currently working on; and drafting research memoranda that help our team to provide litigation risk assessments to our clients. Most importantly, I strongly believe that summer associates—as well as junior associates—should receive opportunities to observe client meetings, court hearings, and internal team meetings to discuss developments in cases. These observational opportunities provide meaningful professional growth to both summer associates and associates at all levels.
How important is prior criminal law experience (e.g., working for the prosecutor’s office or district attorney) in paving a successful career in white collar defense?
Prior criminal law experience is critical—although not determinative—in paving a successful career path in white collar criminal defense work. Lawyers who have prior prosecutorial experience are able to leverage their knowledge and skills in effective ways that are beneficial to clients, including but not limited to particularized knowledge regarding the ways in which government agencies handle and perform investigations. Additionally, lawyers who have this prior experience often leverage their understanding of the legal system from a prosecutorial lens, allowing for more effective resolution and the creation of stronger defense strategies on behalf of clients. Moreover, because most prosecutors tend to be before judges frequently, this prior experience can be very helpful when clients have matters before these same judges, as the lawyer may have developed particularized knowledge on what may be effective—or ineffective—which can have an impact when developing an effective defense strategy.
Doreen M. Rachal focuses her practice on white collar criminal defense, internal investigations, and criminal and civil government investigations. She represents companies and individuals in matters involving civil and criminal investigations, including grand jury matters and enforcement actions conducted by the DOJ, the SEC, and state government agencies. She has extensive experience conducting complex global internal investigations and advising boards on internal compliance programs. Her clients span a variety of industries, including financial services, life sciences, technology, and maritime. Doreen is a member of Sidley’s white collar defense and investigations, healthcare, and securities enforcement and regulatory groups.
Prior to joining Sidley, Doreen served as an assistant U.S. attorney at the U.S. Attorney’s Office for the District of Massachusetts in the Affirmative Civil Enforcement Unit where she handled qui tam actions and prosecuted healthcare fraud matters involving potential violations of the False Claims Act. Prior to joining the Affirmative Civil Enforcement Unit, Doreen served in a supervisory capacity as the Chief of the Asset Forfeiture Unit. In this role, Doreen prosecuted civil and criminal asset forfeiture cases involving money laundering, drug trafficking, healthcare fraud, and securities violations. During her tenure at the U.S. Attorney’s Office, Doreen successfully handled several trials as lead counsel.
Describe your practice area and what it entails.
At Cravath, I am a member of our Investigations & Regulatory Enforcement and Data Security & Privacy practices. I advise clients on a wide variety of matters, including domestic and cross‑border investigations involving matters such as the Foreign Corrupt Practices Act, trade sanctions, and the False Claims Act. I also have a very active cybersecurity practice in which I represent clients in matters ranging from cyber incident response to compliance reviews. My work often involves representing clients before federal regulatory enforcement agencies, including the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the Office of Foreign Assets Control, and the U.S. Department of Health and Human Services, as well as before numerous state regulators.
What types of clients do you represent?
My clients include global and domestic companies, boards of directors, and senior executives, and come from a range of industries, including banking, fintech, healthcare, energy, telecommunications, e-commerce, transportation, mining, consumer products, pharmaceuticals, and real estate.
What types of cases/deals do you work on?
The work that I have had the opportunity to handle at Cravath has been fascinating. In some ways, it is similar to the work that I did as a prosecutor—such as handling international corruption, financial fraud, and sanctions cases in different parts of the world. In other ways, it is completely different—for example, helping clients in the healthcare industry solve complex regulatory problems, or trying an M&A case in Delaware Chancery Court. I also spend a lot of time on cybersecurity matters, from dealing with ransomware attacks to providing compliance advice regarding policies and procedures, and other areas involving tech, which I find to be both interesting on an intellectual level and an area of growing need for clients.
How did you choose this practice area?
I first became interested in investigations and criminal law when I interned for a summer with the Manhattan D.A.’s Office while I was an undergraduate. That experience led me to apply to law school and ultimately to the U.S. Attorney’s Office in Brooklyn. The cases I handled and supervised as an AUSA for the next decade—in particular, the experiences I had leading international corruption investigations and running our national security and cybercrime unit—were formative for me and had a big impact on how I chose to continue developing my career when I joined Cravath.
What is a typical day like and/or what are some common tasks you perform?
There really is no typical day at Cravath. One day I might be in my office in New York, and the next sitting in a client’s conference room halfway around the world—every day brings a new challenge and the opportunity to learn something new. One constant, however, is that I work collaboratively within my practice area and across the firm with attorneys and administrative staff at all levels, which is a very rewarding and enjoyable part of my role as a partner.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
That’s difficult to answer in the abstract. When associates come to me and tell me they want to pursue a career in investigations or cybersecurity, I try to understand why. Whether they are driven by interest in the substantive area of law, a potential future career in government, or something else, to me, the most important thing is to identify the core of what drives them and then to make recommendations around that.
What is the most challenging aspect of practicing in this area?
As a prosecutor, I had tools that gave me significant control over the scope of an investigation, but working for clients on the defense side means operating with fewer tools and less overall control than I used to have, which adds considerable complexity to each matter. For every internal and government investigation I handle, it is thus essential for me to gain an intimate understanding of how my clients’ businesses work by dissecting what they do well and examining any potential weaknesses—as a result, I am continuously learning. This facet of the work is challenging but also enormously important.
What do you like best about your practice area?
Throughout my career, I have found that I am most engaged and motivated when I am doing really difficult work—which I have tended to see as work without precedent and, very often, with an international dimension. This was true during my time as a prosecutor, and one of the main things that drew me to Cravath was the knowledge that handling daunting challenges is a defining feature of the firm. In both my investigations and cybersecurity work, I have the privilege of helping to manage some of the biggest challenges my clients will ever face, often in a crisis setting.
What kinds of experience can summer associates gain at this practice area at your firm?
To a law student thinking about joining Cravath as a summer associate, I would say: if you are ready for a challenge, if you are ready for every day to be different from the last, come here. In your first week, you might be asked to prepare for and participate in conducting interviews in a corruption investigation involving a client’s business operations on multiple continents, and in your second week, you might get thrown into a ransomware attack and find yourself being asked to master the facts and law surrounding the forensics, the operational disruption, and the regulatory dimension all within the first 72 hours. Whatever the matter, you will be deeply and substantively involved and will get unparalleled training in how to not just sort through a legal problem, but also to sort through a business problem and understand every facet of it. The clients that we are lucky to have bring us their most difficult and important matters to work on, and coming to Cravath means you will be working on those matters day in and day out, including during your summer.
How important is prior criminal law experience (e.g., working for the Prosecutor’s office or DA) in paving a successful career in white collar defense?
For me, the skills that I gained working as a prosecutor were an essential part of my ability to transition into my role at Cravath, especially when it came to helping clients facing government investigations. By the same token, while experience and time in government are very important, I believe the strategic thinking we bring to the table is our distinguishing characteristic regardless of whether the specific matter is a criminal investigation issue, crippling ransomware attack, complex regulatory question, or bet-the-company litigation.
Evan Mehran Norris is a partner in Cravath’s Litigation Department who focuses on advising U.S. and multinational companies, boards, and senior executives on government and internal investigations, criminal defense, regulatory compliance, and related civil litigation.
Prior to joining Cravath, Evan served for 10 years as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Eastern District of New York. During his tenure he held a number of leadership positions, including Chief of the National Security & Cybercrime Section, and he was the lead prosecutor of the groundbreaking FIFA case.
Evan has been recognized for his white collar criminal defense work by the Best Lawyers in America and The Legal 500 US, as a Future Star by Benchmark Litigation, as a leading lawyer in White Collar Crime & Government Investigations by Chambers USA, and as one of Lawdragon’s “500 Leading Litigators in America.”
Evan received a B.A. from Columbia College and a J.D. from Harvard Law School. He joined Cravath in 2017 and was elected a partner in 2019. He sits on the firm’s Diversity Committee and serves on the board of the Iranian American Bar Association’s New York chapter.
Describe your practice area and what it entails.
Loretta: I advise corporate clients in reputation-threatening litigation and their most sensitive government and internal investigations. This includes advising them on high-stakes regulatory enforcement issues and crisis management. Additionally, I co-lead the firm’s Civil Rights and Racial Equity Audits Practice and am a founding member of our new DEI Strategic Advisory Group.
Lina: I have a generalist litigation practice, so I represent companies in a range of areas, including regulatory and internal investigations, complex commercial litigation, antitrust, False Claims Act, and post-merger suits. I focus on providing our clients with strategic counsel to resolve substantive concerns as well as anticipate collateral issues, so they can focus on running their businesses and being good corporate citizens.
What types of clients do you represent?
Loretta: I advise corporate clients in every industry, from finance to sports to biosciences to e-commerce and beyond. Recent clients have included Amazon, the NFL, Pfizer, the Northwestern University Athletics Department, BlackRock, and McDonald’s, among many others.
Lina: Like Loretta, I counsel a wide variety of clients across industries. My clients include well-known financial institutions, manufacturers, and pharmaceutical companies.
What types of cases/deals do you work on?
Lina: I have a diverse practice. I handle a range of civil litigation matters, including at the trial phase. Another focus of my practice includes representing public and private companies in connection with sensitive internal investigations or investigations by the Department of Justice or U.S. Securities and Exchange Commission (SEC), including Foreign Corrupt Practices Act matters and other regulatory enforcement matters.
Loretta: In addition to defending companies and individuals in high-profile litigation, much of my work is focused on keeping my clients out of the headlines by resolving issues through internal investigations or in negotiation with the government. For example, boards of directors hire us to independently investigate any allegations of financial misconduct, sexual harassment, or discrimination at the company; following our investigation, we compile a report with our findings and recommendations for next steps, ideally getting ahead of any litigation risk. I also help clients find ways to legally encourage diversity within their ranks, and I evaluate their DEI policies and practices and identify areas where there is room for improvement.
How did you choose this practice area?
Loretta: I’ve always felt a duty to stand up for others, even when doing so may be difficult, and have worked my whole career to ensure equality under the law. These are the values to which I held fast during my tenure in public service, and this has translated into the way I conduct my investigations work at Paul, Weiss. In advising my clients, I always aim to get ahead of situations where they may find themselves at odds with the law—often unintentionally. I see great value in steering companies in the right direction because good corporate citizenship impacts us all.
Lina: I was drawn to white collar work because of how collaborative it can be, particularly with respect to internal and regulatory investigations. Being able to investigate the underlying issues allows us to then strategize, think creatively, and counsel our clients to resolve pressing concerns as early as possible. I also appreciate the opportunity to manage the cases holistically, taking into consideration crisis management, reputational harm, personnel management, and business needs. This broad approach has allowed me to develop strong relationships with my clients and think strategically about their issues.
What is a typical day like and/or what are some common tasks you perform?
Lina: One thing that I really like about my practice is the variety; I don’t really have a typical day. My day may include engaging with clients, preparing for investigations, reviewing motions and filings, preparing witnesses for depositions or trial, building high-level strategies for my matters—and everything in between. I also dedicate a good portion of my time to mentoring more junior lawyers on my matters and throughout the firm; I’m invested in ensuring our associates sharpen their skills and are well equipped to reach their individual career goals.
Loretta: As Lina mentioned, there’s really no such thing as a typical day in our area of the law. My work day could include reading up on documents and witness statements in preparation for interviews we conduct as part of the investigation process; strategizing with our clients’ general counsel and talking clients through our game plan; preparing reports for boards of directors; or touching base with my teams to make sure everything is on track in all of our various matters.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Loretta: One of the key qualities of an excellent white collar attorney is the ability to see a situation from both sides—your client’s and the government’s—and to make a move or propose a solution based on the interests and perspectives of each. Gaining prosecutorial experience is one way to develop this perspective, but being able to think critically, strategically, and outside the box are among the most important skills you can develop in this field. Also, don’t be afraid to speak up, take up space, and play an active role in the trajectory of your career. Make yourself part of the discussion, and be ready to jump on opportunities that will bring you closer to your goals.
Lina: Perhaps more than any particular class or type of training, I see interest, motivation, and curiosity as the keys to developing as an effective litigator in this practice area. As a junior associate and summer associate, enthusiastically dig into the details—the where, when, who, why, and how questions—and remember to voice your opinion. You are the lawyer on the matter, after all; act accordingly.
What do you like best about your practice area?
Loretta: There are many things I love about my practice, such as the variety of tasks and the opportunity to work closely with so many different people. But it is particularly satisfying to finally get to the bottom of a given situation, find and propose solutions, and help our clients resolve disputes with the government in a way that keeps them on the right path. It’s like solving a puzzle.
Lina: The best part of my practice is that no two matters are the same, which makes everyday practice interesting but also allows me to keep learning and growing as a lawyer. A close second is developing bespoke solutions to our clients’ biggest challenges involving complex legal (and other) issues.
What is unique about your practice area at your firm?
Lina: What sets our White Collar and Regulatory Defense Practice apart is the breadth of the work we do and our incredible bench of talent. Our work spans all stages of civil and criminal investigations and enforcement proceedings—including parallel regulatory and civil proceedings—as well as internal investigations. We are regularly called upon to counsel companies in crisis, providing strategic solutions to help companies navigate this sensitive territory and mitigate against possible financial, regulatory, and reputational risks. The experience in our department is hard to match: We have more than 40 former federal prosecutors and leading government officials among our ranks. Our associates have incredible opportunities to work alongside the very best white collar lawyers on the most sophisticated corporate and regulatory investigations. Paul, Weiss offers unparalleled opportunities to develop your career as a litigator.
What kinds of experience can summer associates gain in this practice area at your firm?
Lina: Summer associates become integral members of their case teams during their time with us. Their experience on matters in this practice area may include working on fact-finding projects, preparing for and/or attending key interviews, engaging in strategy discussions, and drafting analyses. Partners often include summer associates in strategy discussions and welcome their thoughts as we determine the best avenues to resolve outstanding concerns. We encourage our summer associates to roll up their sleeves and dive in, so it’s a great way to get real exposure to the practice area.
What are some typical career paths for lawyers in this practice area?
Loretta: Aside from private practice, which can involve both white collar defense and investigations work, public service is a popular and often very fulfilling choice. Becoming a state or federal prosecutor offers the opportunity to gain crucial courtroom skills, work directly with victims and witnesses, and gain a deep understanding of the government’s approach to various white collar issues. Another common (and DOJ-adjacent) career path is joining a regulatory agency like the SEC or Commodity Futures Trading Commission and carrying out regulatory investigations into companies and individuals. While white collar is certainly a competitive field, there are many different ways to make an impact in the space.
Loretta Lynch’s legal career has included both private law practice and public service, including three presidential appointments. She served as the U.S. Attorney General (2015–2017), appointed by President Barack Obama, and she has twice been appointed U.S. attorney for the Eastern District of New York. Today, at Paul, Weiss, Loretta is consistently called upon as a trusted mediator and fact finder. She handles sensitive investigations matters and high-profile litigation defense for some of the world’s largest companies. Loretta received her J.D. from Harvard Law School and her B.A. in American Literature from Harvard University.
Lina Dagnew is a partner in Paul, Weiss’s Litigation Department. She is a trial lawyer who represents domestic and international clients in various complex commercial and civil litigation matters, as well as in internal investigations, white collar defense, and Foreign Corrupt Practices Act matters. Lina was recently recognized by Benchmark Litigation in its 2023 “40 and Under Hot List.” She received her J.D. from Harvard Law School and her B.A., summa cum laude, from Manchester University.