Larry Gaydos is a partner in the White Collar Crime, Antitrust, and Defense Procurement Practice Groups at Haynes and Boone. He has extensive experience in white collar criminal defense and government investigations, including antitrust, federal securities, defense procurement, foreign trade, environmental and general criminal matters. He also has extensive experience in civil antitrust litigation, antitrust counseling, internal investigations, and federal criminal appeals. He serves as the Chair of the firm's Sarbanes-Oxley Committee and is on the firm's Professional Responsibility Committee.
Mr. Gaydos' recent representations include:
- Representation of the CEO of a waste disposal company in criminal and civil litigation concerning state and federal environmental issues (water).
- Internal investigation for the audit committee of a Canadian petroleum industry company regarding securities issues.
- Internal investigation for the board of directors of an international petroleum company regarding foreign corrupt practice issues in South America.
- Defense of the CFO of a defense industry company on allegations of procurement fraud.
- Internal investigation for the audit committee of an international petroleum industry company regarding securities and foreign corrupt practice issues in Mexico.
- Representation of a multinational defense industry client in federal civil litigation regarding antitrust and intellectual property issues.
- Defense of a CFO of a foreign subsidiary of a multinational oil company in a Brazilian criminal tax case.
- Representation of a Texas law firm in state civil litigation against another law firm regarding breach of fiduciary duty and breach of contract claims.
- Defense of a national manufacturing company in federal civil litigation regarding monopolization and predatory pricing claims.
- Counseling clients and conducting internal investigations for Audit Committees and Boards of Directors regarding stock option backdating issues.
- Defense of a construction industry CEO in a DOJ public corruption investigation.
- Defense of an oil industry client on allegations of nationwide price fixing.
- Defense of a financial analyst in a parallel IRS and DOJ tax investigation.
- Defense of an energy company on allegations of price fixing and monopolization.
- Defense of individuals in a Homeland Security criminal investigation.
- Representation of the board of directors of a health care company in parallel SEC and DOJ investigations.
- Internal investigation for the board of directors of an international travel industry company regarding securities issues.
- Defense of a technology company on allegations of procurement fraud.
- Internal corporate investigation for a large national manufacturing company concerning state and federal environmental issues (air).
- Internal investigation for the audit committee of an international drilling and exploration company regarding securities issues.
- Internal investigations for the audit committee of a national telecommunications industry client regarding whistleblower allegations and securities issues.
- Internal investigation for the audit committee of a foreign petroleum company regarding securities issues.
- Representation of the CEO of a national computer technology company in an internal investigation.
- Representation of the CEO and GC of a national technology company in a SEC investigation and civil litigation concerning stock option issues.
- Representation of two retail clients as plaintiffs in a multi-national price-fixing case.
- Representation of a defense industry client in a plaintiff antitrust monopolization case against an industry competitor.
- Internal investigation for the audit committees of a Canadian energy company and its United States subsidiary regarding whistleblower allegations and securities issues.
Mr. Gaydos speaks frequently on topics such as "A Practical Guide to Option Backdating," "Criminal and Ethical Implications of Sarbanes-Oxley," "Internal Investigations," "Accountant Civil and Criminal Liability," "Grand Jury Representations," "Antitrust Compliance," "Health Care Fraud," "Cybercrime, "Ethics for Civil Litigators," "Ethical Principles for Corporate Counsel," "Legal Issues in High Level Legislative Branch and Executive Branch Investigations," "Ethical Issues in Internal Investigations," and "Ethical Issues in Organizational Representations." He has served as a panelist at the Annual Institute on Federal Program Fraud in Washington, D.C., lectured at the Advanced Health Care Course, and was a panelist on the ABA Antitrust Section Teleseminar "Internal Investigations for Multi-National Corporations: Strategies in Light of Global Attorney-Client Privilege Decisions." Mr. Gaydos is a contributing author to the ABA Litigation Section book "Internal Corporate Investigations," (3d ed. 2007). He was selected as The Leading Antitrust Lawyer in Tarrant County by Fort Worth Magazine (Dec. 2002), selected by Euromoney Legal Guide to appear in the 1997 Guide to the World's Leading Litigation Lawyers and is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory. He was recognized as a Texas Super Lawyer in 2013.
His most recent publications are "Corporate Governance Issues in Antitrust Internal Investigations" published in the ABA Antitrust Compliance Bulletin; "Insights on the Criminal & Civil Antitrust Practice" published in The Art & Science of Antitrust Law - Leading Lawyers on Competition, Litigation and Globalization; "Internal Investigations: Before the Government Comes Knocking - Evaluating and Preparing for Investigations;" "Internal Investigations: Conducting Investigations and Protecting Corporate Rights and Interests;" "Corporate Governance and Compliance Investigations" published in Best Practices For Corporate Governance and Compliance; "Tips from the Top: Law Firm Success - A Marathon, Not a Sprint" published in Attorney At Law Magazine; and "Creating an Enforceable Teaming Agreement." He is the past Regional Chair of the ABA White Collar Crime Committee of the ABA Criminal Justice Section and past Chair and Counsel member of the Antitrust and Business Litigation Section of the State Bar of Texas.
Prior to joining Haynes and Boone, Mr. Gaydos served in the U.S. Army Corps of Engineers for two years, and spent 11 years in the U.S. Army Judge Advocate General's Corps where he prosecuted and defended military criminal cases. He later served as a professor at The Judge Advocate General's School in Charlottesville, Virginia, where he taught procurement fraud, pretrial investigations, advanced trial advocacy, sentencing and professional responsibility, as well as a variety of substantive criminal courses. He served as the advisor to The Judge Advocate General on ethics and professional disciplinary issues. Mr. Gaydos left active military duty in 1986 as a Major.
- Airborne School, 1971
- Judge Advocate General School Basic Course, 1978, Honor Graduate
- 31st Judge Advocate General School Graduate Course, 1983, Distinguished Graduate
- Corps of Engineers Office Basic Course, Corps of Engineers Construction Management Course, 1973.
Mr. Gaydos also authored articles on criminal law topics published in The Military Law Review and The Army Lawyer.
Selected Representative Experience
06/27/2013 - Recent Case Highlights Practical Considerations for Creating an Enforceable Teaming Agreement
Government contractors often use teaming agreements to combine the services of two or more contractors to offer the most persuasive bid for a government contract. The prime contractor typically agrees with the other team members that if the prime wins the bid, it will allocate some of the contractual work to the other member(s).
01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.
12/18/2008 - Siemens AG Concludes FCPA Investigations with Record-Setting Criminal Penalty
On Monday, December 15, 2008, Siemens AG entered comprehensive settlements in the United States and Germany related to charges of widespread bribery of foreign officials from 2001 through 2007. Siemens agreed to pay a record-setting $1.6 billion to resolve charges asserted under the Foreign Corrupt Practices Act ("FCPA"). This alert digests this landmark case and provides observations relevant to companies' FCPA compliance efforts.
11/01/2008 - Best Practices for Corporate Governance and Compliance (Book Chapter)
Inside the Minds, Aspatore Books, 2008.
09/12/2008 - Criminal Prosecution of the FCPA
The Foreign Corrupt Practices Act ("FCPA") has provided the basis for an increasing number of criminal prosecutions during recent years. For example, The Department of Justice initiated more individual prosecutions on FCPA charges than in any other year since the FCPA was enacted, and twice as many as in 2006. The Department of Justice recently obtained a guilty plea in one of its highest profile FCPA cases in the history of the Act. While Albert "Jack" Stanley's plea has garnered significant media attention, significant events during the first two weeks of September in two other cases provide additional insight into FCPA criminal enforcement activity. The attached alert discusses the developments in these three cases.
09/05/2008 - Recent SEC Action Reinforces Principles of Compliance with the Foreign Corrupt Practices Act
This alert digests the Con-way case and highlights four principles of FCPA compliance that are reinforced by this SEC enforcement action.
06/27/2008 - Foreign Corrupt Practices Act (“FCPA”)
The United States government’s increase in enforcement of the Foreign Corrupt Practices Act (“FCPA”) during the past five years has raised awareness of domestic and foreign corporations to the Act’s requirements. Still, violations continue to make headlines. The latest news came from Houston May 14, when an oil and gas services company agreed to pay $32 million in sanctions for FCPA violations in connection with international contracting activities.
03/01/2008 - Corporate Governance Issues in Antitrust Internal Investigations, ABA Antitrust Compliance Bulletin
11/02/2004 - Alleged Collusion between Insurance Carriers and Brokers may Give Rise to Claims by Policyholders
MultiState Guide to Attorney Disclosure Rules
08/22/2002 - Compliance with the Foreign Corrupt Practices Act in the Post-Sarbanes-Oxley World