Larry Gaydos is a partner in the White Collar Defense/Antitrust Practice Group 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 Stock Option Backdating Task Force, and the Professional Responsibility Committee.
Mr. Gaydos' recent representations include:
- Defense of a CFO of a foreign subsidiary of a multinational oil company in a foreign criminal tax case
- Representation of a Texas law firm in state civil litigation against another Texas law firm regarding breach of fiduciary duty and breach of contract claims
- Defense of a national manufacturing company in federal civil litigation regarding monopolization claims
- Counseling clients and conducting internal investigations involving stock option backdating issues
- Defense of a 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
- 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/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
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," and "Cybercrime." He 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 "Internet 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) and was selected by Euromoney Legal Guide to appear in the 1997 Guide to the World's Leading Litigation Lawyers. Mr. Gaydos is past Chair and ex officio Council member of the Antitrust and Business Litigation Section of the State Bar of Texas. His most recent publications are "Corporate Governance Issues in Antitrust Internal Investigations" published in the March 2008 ABA Antitrust Compliance Bulletin; "Insights on the Criminal & Civil Antitrust Practice" published in the Inside the Minds series: The Art & Science of Antitrust Laws - Leading Lawyers on Compensation, Litigation and Globalization, and Strafford Legal Briefings' "Internal Investigations: Before the Government Comes Knocking - Evaluating and Preparing for Investigations" and "Internal Investigations: Conducting Investigations and Protecting Corporate Rights and Interests." He is currently a Regional Chair of the ABA White Collar Crime Committee of the ABA Criminal Justice Section.
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. Mr. Gaydos left active military duty in 1986 as a Major.
Military Education
- Airborne School, 1971
- 31st Judge Advocate General School Graduate Course, 1983, Distinguished Graduate
Other Publications
Mr. Gaydos also authored articles on criminal law topics published in The Military Law Review and The Army Lawyer.
Selected Representative Experience
Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.
Chocolate Antitrust Litigation
Representation of opt-out direct purchasers in price-fixing case against major chocolate manufacturers.
L-3 v. Lockheed Martin, Northern District of Texas
Representation of L-3 Communications Integrated Systems, Inc. in federal antitrust lawsuit in the U.S. District Court for the Northern District of Texas against Lockheed Martin. The lawsuit, which settled in 2010, alleged that Lockheed Martin violated the antitrust laws by monopolizing the international market for refurbishment of P-3 aircraft.
Online Publications
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
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