Jennifer Kennedy Park’s practice focuses on white-collar defense, enforcement actions, crisis management, and complex disputes.

She has handled some of the most complicated matters affecting corporate entities in the past few years, including representing companies in litigation and investigations related to the Volkswagen emissions matters, the benchmark rates antitrust cases, and financial crises litigation.

Jennifer advises global corporations and financial institutions on interactions with regulators and authorities, including regularly interacting with DOJ, FRB, OCC, CFTC, SEC, DFS, FINRA, OFAC, state attorney generals, European Commission, UK FCA, SFO, and other authorities around the world. Given her experience, she is also knowledgeable about issues of privacy and confidentiality, cross border conflicts of law, and complex matter management.

Jennifer joined the firm in 2003 and became a partner in 2012.

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Notable Experiences

  • Bosch in connection with investigations and civil litigation in the United States relating to the Volkswagen emissions matter, including undertaking a full scale compliance remediation program.

  • The board of directors of a financial institution in connection with its response to an OCC consent order and the remediation program related thereto.

  • HSBC in criminal and regulatory investigations regarding allegations of manipulation and collusion in the setting of benchmark reference rates, including LIBOR and FX.

  • Bank of America in investigations by the SEC, Department of Justice, New York Attorney General, and U.S. Congress concerning its acquisition of Merrill Lynch, in particular the payment of bonuses and disclosures relating to Merrill’s losses. She successfully obtained approval from the Honorable Jed Rakoff of the U.S. District Court for the Southern District of New York of the settlement with the SEC relating to the acquisition after he had rejected it.

  • McLane in parallel civil and administrative proceedings relating to tax treatment of tobacco products, including a constitutional challenge to the Cook County cigarette tax.

  • Vale in regulatory responses to the recent dam collapse in the Minas Gerais state.

  • A global financial institution in criminal and regulatory investigations in various parallel investigations being conducted by, among others, the DOJ, the CFTC, the SEC, the UK Financial Conduct Authority, the European Commission, and other regulators in Europe and Asia regarding allegations of manipulation and collusion in the setting of benchmark reference rates.

  • Multiple public and private companies in developing policies, procedures and training related to discrimination and harassment, including advising several Fortune 50 companies in investigations relating to allegations of sexual harassment against board members.

  • BHP Billiton, Vale, and Samarco to conduct the external investigation into the cause of the breach of the Fundão tailings dam, one of the largest environmental disasters in history.

  • ESL Investments and its founding investor in litigation regarding the bankruptcy of Sears.

  • Advising a leading pharmaceutical company in an FCPA investigation spanning Europe and Central America.

  • A major financial institution in criminal investigations by the DOJ and other authorities into potential bribery and money laundering by Unaoil.

  • A major financial institution in implementing a Markets remediation program and conducting a look-back to fulfill regulatory requirements.

  • Counsel to a major technology company in response to a subpoena related to virtual currency from the New York Department of Financial Services.

  • Public companies, financial institutions, and individuals under investigation by the SEC, the Department of Justice, the U.S. Congress, the Financial Industry Regulatory Authority, the CFTC, and several states attorney generals. Highlights include representing:

    • A senior executive at a major hedge fund in an insider trading investigation.
    • A senior executive at a major cosmetics company in an insider trading investigation.
    • A leading pharmaceutical company in Foreign Corrupt Practices Act investigation spanning Europe and Central America.

  • Google in winning the dismissal of a shareholder class action filed in Illinois state court, arising out of Google’s $12.5 billion acquisition of Motorola Mobility.

  • Dollar Thrifty in shareholder lawsuits challenging its $1.6 billion acquisition by Hertz and successfully defeating an action brought by its shareholders to preliminary enjoin the proposed merger with Hertz, as well as advising the company on competing offers by Avis.

  • Citigroup in a Securities Act class action involving mortgage pass-through certificates, in which she won last year the dismissal of claims against 16 of the 18 offerings at issue and is defending Citigroup against trade secret misappropriation claims, relating to the bank’s Yield Book analytical software.

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SELECTED ACTIVITIES

  • Member, George Mark Children’s House’s Board of Directors
  • Member, YWCA Academy of Women Leaders
  • Member, Legal Services NYC’s Board of Directors
  • Member, Kate Stoneman Project
  • Member, Westchester Committee, Federal Bar Council
  • Professor, Pace University’s New Directions Program
  • Former Member, Criminal Law Committee, New York City Bar Association

Publications

“Evolving Trends in DEI Litigation Post-SFFA,” Corporate Disputes, March 7, 2024

“How Boards Should Be Thinking about the Supreme Court’s SFFA Affirmative Action Decision,” Cleary Gottlieb Selected Issues for Boards of Directors in 2024, January 17, 2024

“Implications for Boards of Directors of the Supreme Court’s SFFA Affirmative Action Decision,” Board Leadership, November 23, 2023 

“SEC Proposes Rules Limiting the Use of Artificial Intelligence by Registered Investment Advisers and Broker-Dealers,” Cleary Gottlieb Alert Memo, August 1, 2023

“U.S. Supreme Court Rejects Due Process Challenge to Statute Requiring Out-of-State Corporations to Submit to General Personal Jurisdiction,” Cleary Gottlieb Alert Memo, July 5, 2023

“Best Practices for Crisis Management Preparation,” Westlaw Today, June 13, 2023

“Five Key Steps for Initial Crisis Management,” Bloomberg Law, May 26, 2023

“Ephemeral Messaging Platforms: Practical Benefits and Regulatory Dangers,” Managing and Resolving Commercial Disputes 2023, May 4, 2023

“Department of Justice Announces Revisions to Criminal Division Policies,” Cleary Enforcement Watch blog, March 20, 2023

“4 Practical Tips for Complying With Monaco Memo,” Corporate Compliance Insights, January 25, 2023

“Recent Developments Shed Light on the Justice Departments Civil Cyber-Fraud Initiative,” Cleary Gottlieb Alert Memorandum, March 14, 2022

“Whistleblower Regulations in the U.K. and the U.S.,” Cleary Gottlieb Alert Memorandum, July 14, 2021

“GAO Recommends CFPB Evaluate Trump Era Fair Lending Reorganization,” co-author, Cleary Enforcement Watch blog post, April 26, 2021 

“The CFPB’s Much-Anticipated Enforcement Shift Has Begun,” co-author, Cleary Enforcement Watch blog post, April 26, 2021 

“False Claims Act Developments in PPP Civil Investigations,” co-author, Cleary Gottlieb Alert Memorandum, March 22, 2021 

“A Biden CFPB and the PayPal Decision,” co-author, Cleary Gottlieb Alert Memorandum, February 22, 2021 

“U.K. Supreme Court Limits the Extraterritorial Powers of the Serious Fraud Office,” co-author, Cleary Gottlieb Alert Memorandum, February 11, 2021

“Crisis Management in Unprecedented Times,” co-author, Selected Issues for Boards of Directors in 2021, January 11, 2021 

“CFTC Division of Enforcement Releases Guidance on Evaluating Compliance Programs,” co-author, Cleary Gottlieb Alert Memorandum, September 15, 2020; republished by New York University School of Law Compliance & Enforcement Blog, September 17, 2020 

“Navigating COVID-19: Supply Chain Considerations,” co-author, Cleary Gottlieb Alert Memorandum, July 15, 2020 

“DOJ Updates Guidance Regarding Corporate Compliance Programs,” co-author, Cleary Gottlieb Alert Memorandum, June 9, 2020

“Risky Business: Waivers & Assumption of the Risk of COVID-19 Exposure,” co-author, Cleary Gottlieb Alert Memorandum, May 28, 2020

“The CARES Act and Mitigating False Claims Act Risk,” co-author, Cleary Gottlieb Alert Memorandum, April 13, 2020; republished by Pratt’s Government Contracting Law Report, July 2020

“The Keys to Emergency Succession: Planning For Boards and Senior Management During a Health Pandemic,” co-author, Cleary M&A and Corporate Governance Watch Blog, April 9, 2020

“Understanding Evolving U.S. Government Expectations for Compliance Programmes,” co-author, Financier Worldwide’s Risk & Compliance e-Magazine, April-June 2020

“Navigating COVID-19: Best Practices for Managing Compliance Risk,” co-author, Cleary Gottlieb Alert Memorandum, March 26, 2020

“COVID-19 and the Compliance Risks Related to Sales and Marketing Practices,” co-author, Cleary Enforcement Watch Blog, March 17, 2020; republished by NYU’s Compliance and Enforcement Blog, March 17, 2020

“Key Considerations for Companies in Deciding Whether to Institute Anti-Fraternization Policies,” co-author, Cleary Gottlieb Alert Memorandum, May 9, 2019; republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, January 26, 2020

“DOJ Issues Guidance on Cooperation In False Claims Act Investigations,” co-author, Cleary Gottlieb Alert Memorandum, May 9, 2019; republished by the New York University School of Law Compliance & Enforcement Blog and by The Corporate Governance Advisor.

“New Scrutiny for NDAs in Sexual Harassment Matters,” co-author, Cleary Enforcement Watch Blog,  April 29, 2019; republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, May 16, 2019 and by Law360, June 24, 2019.

“CFTC Issues First Whistleblower Award Originating From Both a Related Action and a Company Outsider,” co-author, Cleary Enforcement Watch Blog, March 11, 2019; republished by Law360; republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, March 26, 2019; republished by Law360, April 2, 2019.

“California District Court Holds That FIRREA’s 10-Year Statute of Limitations Reaches Risks Caused to Financial Institutions by Their Own Employees,” co-author, Cleary Enforcement Watch Blog, July 27, 2018; republished by The CLS Blue Sky Blog, July 31, 2018.

“Confronting Sexual Harassment in Today’s Workplace: 8 Questions Companies Should Be Asking Themselves,” co-author, Cleary M&A and Corporate Governance Watch Blog, February 6, 2018.

“CFTC’s Demanding New Cooperation Guidelines For Companies And Individuals,” co-author, Journal of Investment Compliance, October 2017.

“CFTC Approves Amendments to Whistleblower Rules Including Significant Enhancements of its Anti-Retaliation Protections,” co-author, Cleary Gottlieb Alert Memorandum, May 25, 2017. 

“The Next Frontiers for International White Collar Enforcement and Tips on Preparing for Them,” International White Collar Enforcement, 2014 ed.: Top Attorneys on Preventative Measures, Regulatory Compliance and Litigation, February 7, 2014.

“The Second Circuit Holds the Short-Swing Profit Rule Inapplicable to Insider’s Purchase and Sale of Different Types of Stock in the Same Company,” Insights, February 1, 2013 (co-author).

“What’s Discussed Here Stays Here,” New York Law Journal, December 10, 2012 (co-author).

“Use of Predictive Coding in Regulatory Enforcement Proceedings,” U.S. Law Week, August 7, 2012 (co-author).

“The Impact of EU Data Protection Laws on U.S. Government Enforcement Investigations,” Intellectual Property Counselor and International HR Journal, January/February 1, 2009 (co-author).

Events