Derek A. Hahn

FCPA and Anti-Corruption Engagements

• Conducted internal investigation of potential FCPA issues in India for Fortune 500, publicly-traded life sciences company, including coordination of response to local anti-corruption authorities. Results: No adverse action against the company.
• Advised publicly-traded chemicals company and employee in internal investigation of potential FCPA issues in Ukraine and response to incoming Mutual Legal Assistance Treaty (MLAT) request and DOJ subpoena regarding same.  Results: No adverse action against the company or employee.
• Led internal investigation of potential corruption at a multinational IT company’s subsidiary in Argentina related to contracts with state-owned entities, including in response to anonymous whistleblower allegations, and related self-reporting to the DOJ and the SEC. Matter involved risk assessment of Argentine and Brazilian government sales and design of related policy improvements.  Results: No adverse action by DOJ or SEC.
• Represented U.S. subsidiary of multinational heavy equipment manufacturer on investigation and self-reporting of FCPA issues in criminal DOJ investigation arising out of export control compliance with sales to Chinese state-owned entities, including development of enhanced compliance policies and procedures, conducting FCPA training, and coordinating with foreign-based executive leadership on world-wide compliance improvements. Results: No FCPA-related action taken against the company.
• Conducted internal investigation and coordinated self-reporting to DOJ and SEC under the FCPA Pilot Program for multinational insurance company related to allegations of improper payments to inspection authorities in India.  Results: No adverse action against the company.
• Represented multinational IT company in response to a DOJ investigation of potential FCPA violations in Southern Europe involving alleged excessive entertainment of government officials. Results: Successfully negotiated voluntary productions and resolved the investigation with no adverse action against the company.
• Conducted post-acquisition FCPA risk assessment and internal investigation of a potential corruption issue in Peru involving allegations of corruption associated with use of lobbyists for favorable tax legislation.
• Advised multinational company on post-acquisition FCPA risk assessment and investigations arising from the Operation Lava Jato ("Car Wash") investigations in Brazil and throughout South America, including responding to execution of search warrants and related response to local enforcement authorities.
• Represented the former president and CFO of a pharmaceutical company during an internal investigation of FCPA issues by an independent Board committee. Results: No adverse action against the client.
• Multi-year defense of multinational publicly-traded IT company and several employees in investigation by the DOJ and SEC of FCPA violations in India involving alleged use of marketing funds in connection with government contracts. Results: Non-public declinations by both the DOJ and SEC with no adverse action against the company or its employees.
• Counseled multiple clients in countries across the globe on (1) transaction specific due diligence, contracting, and related controls, (2) pre-acquisition due diligence procedures, and (3) the development and improvement of anti-corruption compliance programs and policies, including performing related risk assessments, enhancing third-party due diligence protocols, and developing training materials.  

Other Investigation and Enforcement Engagements

• Represented General Counsel of publicly-traded manufacturer in Special Committee investigation of Board governance issues and related whistleblower complaint.
• Defended small privately-held business in investigation by U.S. Attorney’s Office into the alleged sale of counterfeit grey market goods. Results:  No adverse action against the client.
• Represented a health care executive in connection with federal health care fraud and public corruption investigations. Results: Favorable plea agreement.
• Defended the nation's largest cement manufacturer in multistate Clean Air Act investigations and federal court litigation brought by the DOJ Environmental Enforcement Division and Environmental Protection Agency (United States v. CEMEX California Cement, LLC, ED-CV-07-00223-GW (C.D. Cal. 2009); United States v. CEMEX, Inc., No. 1-09-CV-00019-MSK (D. Colo.)).
• Represented the former CFO of publicly-traded pharmaceutical company in connection with an accounting fraud investigation.  Results: No adverse action against the client.
• Defended an individual in a DOJ criminal antitrust investigation of certain financial products in Asia. Results: No adverse action against the client.
• Advised a multi-billion dollar public retirement fund on conflicts of interest under California Government Code Section 1090.
• Represented an oil company and oil company executives in connection with a criminal environmental enforcement investigation. Results: No criminal enforcement action; favorable civil settlement.
• Defended an IT contractor in a federal grand jury investigation predicated on whistleblower allegations of mischarging and revolving door violations related to a multi-million dollar Iraq reconstruction contract. Results: No adverse action against the client.
• Represented a client in a discharge investigation by the California State Water Resource Control Board's Office of Enforcement. Results: Favorable civil settlement.

• Chambers USA: FCPA, Nationwide, 2024
• “Top 40 Under 40” California Lawyers, Daily Journal, 2019