Litigation and Arbitration

White-Collar Defense, Securities Enforcement and Internal Investigations

The firm’s white-collar defense, securities enforcement and internal investigations practice is anchored by ten former federal prosecutors, including a former Acting U.S. Attorney for the Southern District of New York, as well as three former General Counsel of the U.S. Securities and Exchange Commission. The team regularly draws upon the experience of many other partners, including former senior officials of the Justice Department’s Antitrust Division and the Federal Trade Commission. We have represented numerous individuals, special committees, corporations and financial institutions in connection with criminal investigations, and in SEC and other agency investigations and enforcement proceedings, relating to allegations of money laundering, banking law violations, accounting fraud, insider trading, price fixing, political corruption, back-dating of stock options, bribery, false claims, obstruction of justice, securities fraud, the Foreign Corrupt Practices Act and many other matters. On a regular basis, we defend clients before the U.S. Department of Justice, various U.S. Attorney’s offices around the country, the SEC, the Federal Reserve Board, Commodities Futures Trading Commission, the Financial Industry Regulatory Authority, the Internal Revenue Service, the Department of Labor, the Federal Trade Commission, the Environmental Protection Agency and the offices of various state attorneys general. In addition, we frequently advise the management and/or boards of corporate clients on conducting or responding to internal investigations, on the development of compliance programs and on related issues of disclosure and corporate governance. These representations often have cross-border aspects.

Recent and ongoing high profile matters include representing Bank of America on the recent settlement of an SEC investigation, and ongoing litigation with the New York State Attorney General, into its merger with Merrill Lynch and Merrill Lynch’s payment of employee bonuses for 2008; BNP Paribas, HSBC, The Bank of New York Mellon and other financial institutions in investigations and litigations arising from the Bernard L. Madoff fraud; and several major investment banks and hedge funds in non-public federal and state investigations into various trading, valuation and reporting issues arising from the sub-prime crisis, the collapse of Bear Stearns and Lehman Brothers and the turmoil in the credit default swap market. We also recently conducted an investigation on behalf of the audit committee of Deutsche Bank’s supervisory board into questionable investigative and surveillance activities originating in the bank’s corporate security department.

View information about our white-collar defense, securities enforcement and internal investigations practice.


Practice Highlights What Others Say About Our Practice

Select Current Assignments

As a result of the financial crisis, we are currently representing in class and individual actions more than 70 U.S. financial institutions alleged to have collectively underwritten billions of dollars of securities issued by Lehman Brothers. We are also representing the underwriters of securities issued by RBS, HealthSouth and C-BASS, and, as issuers, ING, IMAX, Countrywide, Citigroup, sanofi-aventis, Pall Corporation and LG Display in securities litigation. Furthermore, the firm is counsel in a variety of complex disputes related to credit default swaps, CDOs, mortgage-backed securities and subprime matters.

In the area of white-collar defense and securities enforcement, we are currently representing Bank of America in major litigation and investigations arising out of its acquisition of Merrill Lynch and the payment by Merrill Lynch of employee bonuses for 2008; BNP Paribas, HSBC, The Bank of New York Mellon and other financial institutions in investigations and litigations arising from the Bernard L. Madoff fraud; and several major investment banks and hedge funds in non-public federal and state investigations into various trading, valuation and reporting issues arising from the subprime crisis, the collapse of Bear Stearns and Lehman Brothers and the turmoil in the credit default swap market.

Over 40 Banks Settle Lehman Securities Class Action Litigation

Petrobras Wins Appeal

HSBC Wins Dismissal of Claims by Counterparty to ISDA-Based Swap Agreement Linked to the Performance of a Madoff Feeder Fund

Goldman Sachs and Other Derivative Creditors in Lehman Brothers Plan Settlement

Fleet and Individual Defendants Settle Major Securities Class Action

Financial Institutions Win Appeal to Federal District Court of Novel Chapter 15 Jurisdictional Issues Presented in Fairfield Madoff-Related Suits

Fitch Obtains Dismissal of Claims in CalPERS's $1 Billion Ratings Suit

Crédit Lyonnais Obtains Favorable Settlement And Concludes A Decade of Executive Life-Related Litigation

Iraq Successfully Defends Sovereign Immunity in English Court of Appeal

Alpha Natural Resources Successfully Opposes Preliminary Injunction Motion Against Merger with Massey Energy

Agfa-Gevaert in Successful Defense Before ICC Arbitration Panel

SKY Italia Wins Highly-Publicized Victory in Litigation with Conto

Eni Obtains Dramatic Reduction of €290 Million Fine Imposed by Italian Competition Authority for Alleged Abuse of Dominance Relating to Delay in Expansion of Trans Tunisian Pipeline

People’s United Bank Wins Ruling Defeating Injunction Against Its Renaming of Newly-Acquired Banks

Republic of Congo Wins ICC Arbitration

The Heisman Trophy Trust Wins Appeal

Securities Group of the Year
Law360 (2012)

GAR100 Firm
Global Arbitration Review’s Top Arbitration Firms Worldwide (2012) 

Go-To Law Firm for Litigation
Corporate Counsel (2012)

Recognized for general commercial, antitrust, and securities and white-collar crime litigation; international arbitration; and practices in New York and Washington, D.C.
Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys (2012)  
“Cleary Gottlieb Steen & Hamilton LLP has established itself as a top tier national firm and has grown into an international litigation leader over the past 63 years.”
Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys (2012)  

Top 7 firm worldwide appearing as arbitration counsel
The American Lawyer's "Arbitration Scorecard" (2011)

“In addition to its very strong New York base, this group has significant disputes capacity in Paris, Rome and London, and also offers exceptional strength in antitrust cases via its Washington, DC office. The team counts a number of key financial institutions among its clients. According to sources: ‘A very good global disputes practice, with great strength in competition litigation.’”

“This firm’s arbitration expertise is chiefly concentrated in Paris, from where it acts on a variety of arbitrations including key cases involving sovereign states. Sources say: ‘Excellent in both Paris and the USA.’”
Chambers Global (2012)

“The large dispute resolution practice at this U.S. firm is perhaps best known for its international arbitration capacity, but is also well regarded in the litigation field. It handles commercial and investment treaty arbitration cases throughout the world, and is particularly active in the oil and gas, aerospace, telecoms and automotive sectors. Clients are full of praise for the high level of expertise and service provided by the group.”
Chambers Europe (2012)

“This firm has a strong presence in Latin America on the back of its corporate work in the region, and is particularly highlighted for its experience in sovereign debt and bondholders disputes. The team is primarily engaged in investment disputes and is well regarded for its expertise in both investor and sovereign state representation.”
Chambers Latin America (2012)

“In addition to its very strong New York base, this group has significant disputes capacity in Paris, Rome and London, and also offers exceptional strength in antitrust cases via its Washington, DC office. The team counts a number of key financial institutions among its clients. According to sources: ‘A very good global disputes practice, with great strength in competition litigation.’”

“Sources say: ‘The team is innovative and demonstrates impressive attention to detail.’”
Chambers Global (2011)

“This group is prized for its cross-practice approach, offering strong corporate, regulatory and finance expertise, and is recommended for its international capabilities, allowing for seamless client service. The group is widely respected for representing large financial institutions in complex civil litigation and securities-related litigation as well as regulatory and criminal matters. The team is praised for its diligent bench of attorneys and its client-focused approach. … ‘The group has terrific lawyers with the ability to handle significant litigation cases.’”
Chambers USA (2011)

“This dispute resolution practice is viewed as one of the top players in Paris, thanks to its ‘excellent arbitration team and top-class litigators.’ The group benefits from the firm’s strong international network… Commentators confirm that ‘the firm’s international profile is a major draw,’ and particularly praise the partners for ‘anticipating their clients’ needs.’”

“The Italian team is also highly recommended for its work in this area. ... ‘The team is innovative and demonstrates impressive attention to detail.’”
Chambers Europe (2011)

“Peers say the international arbitration team at Cleary Gottlieb contains ‘great lawyers’ and is a ‘tough opponent.’ The firm has a strong mix of sovereign and commercial clients.”
The Legal 500 - US (2011)