Main Practice Contacts

Ronald W. Breaux
+1 214.651.5688

Recent Publications

Top U.S. Antitrust Division Officials Provide Guidance Regarding Compliance Programs

Two top officials of the U.S. Department of Justice Antitrust Division have spoken publicly in the last week about corporate compliance programs. >>

D.C. Circuit Holds Attorney-Client Privilege Protects Corporate Internal Investigations

The D.C. Circuit issued a decision on June 27 In re: Kellogg Brown & Root, Inc. (“KBR"), a closely-watched case about whether the attorney-client privilege applies to documents relating to an internal investigation undertaken pursuant to a company’s code of business conduct. In determining whether a corporate document is an unprivileged business or a privileged legal communication, most courts analyze whether a “primary purpose” of the document was for obtaining or providing legal advice. >>

Law360 Guest Article: 4th Circ. Decision May Expand SEC’s List Of Defendants

Since the 2011 U.S. Supreme Court decision in Janus Capital Group Inc. v. First Derivative Traders, 131 S. Ct. 2296 (2011), the U.S. Securities Exchange Commission’s Enforcement Division operated under the assumption that only the “maker” of a statement could be charged in an enforcement action for false or misleading statements under Section 10(b) of the Exchange Act. >>

Our experience includes defending companies in:

  • Antitrust Violations
  • Environmental Compliance and Reporting Violations
  • Mail and Wire Fraud
  • Government Contracting and Procurement Fraud
  • False Claims Act and QuiTam Proceedings
  • Health Care Fraud and Abuse
  • Money Laundering Violations
  • Internal Investigations
  • International Trade and Customs Fraud
  • Securities Law Violations
  • RICO Violations
  • Foreign Corrupt Practices Act Violations

White Collar Criminal Defense

Haynes and Boone’s White Collar Criminal Defense practice group vigorously defends companies and their executives and directors against charges of criminal misconduct and related civil claims. Utilizing a talent base composed of former high-ranking federal prosecutors and long-time defense practitioners, we have delivered successful results through both the adversary process as well as through skillful negotiation. Our matters span varied industries and have involved concerns of criminal misconduct under antitrust, banking, environmental, false claims, healthcare, and securities laws, among others. With the support of the firm’s more than 500 attorneys in 13 offices, our Group can defend clients nationally and internationally from our group’s home bases in Texas and Washington, D.C.

Corporate Investigations

Our group quickly delivers the experience and resources necessary to perform complex and often time-pressured internal investigations that usually accompany any significant government investigation and related civil plaintiffs’ litigation. Providing coordinated and consistent defenses to such “parallel proceedings” has been the hallmark of our practice for decades. We react quickly when there is an opportunity to understand the scope of any potential problems before they are discovered by potential governmental or civil plaintiff adversaries. Our group’s ability to manage the competing pressures and restraints of a matter has been proven in numerous industries. Our knowledge of the criminal process and civil fraud litigation means that our investigations are conducted with an eye toward both the potential benefits of a successful investigation as well as an awareness of the pitfalls inherent to such investigations.

Compliance Program Counseling

We also provide counsel in the development of compliance programs to minimize the risk of future criminal or civil problems. Our lawyers recognize the value of prevention or at least early detection of possible misconduct. Our lawyers are experienced with the importance of compliance programs under the Federal Sentencing Guidelines and, more importantly, in persuading prosecutors to decline indictment. Toward that end, our lawyers assist management in developing effective compliance programs, carefully tailored to the client’s industry and particular needs.