Monitorships

Monitorships

Serving as government-appointed independent compliance monitors and providing trusted guidance to clients on monitor-related compliance matters.

Key Contacts

Meet Our Team

Experience

  • On appointment by the DOJ and SEC, serving as the independent compliance monitor for a German-based supplier of global dialysis products and services in connection with the company’s $231 million resolution of charges that it violated the FCPA.
  • Serving as independent compliance monitors selected by Tenet Healthcare Corporation and the DOJ to conduct a three-year independent compliance monitorship for Tenet, part of a settlement of kickback allegations. 
  • Managing settlement discussions for the multibillion-dollar, multi-district consumer class action and regulatory enforcement actions against Volkswagen for excess diesel emissions.
  • Advising Bilfinger SE with regard to the development, implementation and testing of a third-party management system as a requirement under its DOJ compliance monitorship, including conducting due diligence of over 1,000 business partners globally.
  • Helping a major foreign technology conglomerate achieve a settlement with the DOJ and SEC that resolved federal allegations that the company violated the FCPA, and advised regarding compliance enhancements during the post-settlement reporting period.
  • Representing a Fortune 100 company in connection with its ongoing efforts to successfully implement a DOJ-imposed monitor's compliance recommendations.
  • Negotiating Corporate Integrity Agreements (CIAs) with the Office of the Inspector General of the Department of Health and Human Services on behalf of pharmaceutical and medical device manufacturers and representing clients in government investigations subject to CIAs.
  • Advising Latam Airlines in connection with its monitorship resulting from its 2016 FCPA settlement with the DOJ and SEC.
  • Representing Johnson Controls in connection with the monitorship of its then-newly acquired subsidiary York International, including extensive coordination with the monitor on the implementation of recommendations and reporting to the DOJ.
  • Negotiating the first settlement in which the DOJ permitted Helmerich & Payne to self-monitor.
  • Assisting State Street in providing documents and information to the compliance and business ethics monitor.
  • Being appointed by the Federal Trade Commission to monitor the compliance of a large defense-aerospace company pursuant to a consent decree.
  • Working with a monitor in support of firm client HSBC.

Recognition

  • The American Lawyer named WilmerHale the 2020 Law Firm of the Year, recognizing the firm’s exceptional year across service offerings, including wins on behalf of clients.
  • For five consecutive years, Global Investigations Review named WilmerHale among the top three firms in its annual list of the world’s 30 leaders for investigations—including a number-one ranking in 2017 and second-place honors in 2015, 2016 and 2019. 
  • Global Investigations Review Just Anti-Corruption gave WilmerHale’s Washington DC office an “elite” ranking for its FCPA Practice, placing the firm among the top in the nation’s capital.
  • Chambers USA: America’s Leading Lawyers for Business recognized the firm’s FCPA Practice among the best in the nation again in 2020 and recognized Partner Erin Sloane in the FCPA space. Partners Ron Machen and David Ogden have also been recognized as national leaders in their respective practice areas. Chambers cited clients and commentators who said, "WilmerHale is phenomenal in the FCPA space" and who praise the firm’s "exceptional practice," adding that "they're very knowledgeable about how to handle investigations."
  • Chambers Global recognized WilmerHale as a leading law firm for corporate crime and investigations in the United States and globally in its 2020 edition.
  • The National Law Journal named Partners Ronald Machen, Erin Sloane and Anjan Sahni to its annual list of Criminal Law Trailblazers in 2020. It was the first time the publication recognized lawyers in this category. The profile mentions Sloane’s recent appointment by the DOJ to serve as the independent FCPA compliance monitor for a global company. 
  • Partner Erin Sloane was recognized as a 2021 Notable Woman in Law by Crain’s New York Business. Crain’s noted that when she was tapped by the DOJ and SEC to serve as an independent FCPA compliance monitor for a German healthcare company in 2019, Sloane become only the fourth woman named as an FCPA monitor in the past decade. Crain’s also highlights Sloane’s extensive experience in government and internal investigations, white-collar criminal matters, and FCPA and international anti-corruption issues.
  • The Ethisphere Institute has twice named Partner David Ogden to its list of Attorneys Who Matter in Compliance in the Private Practice and Consulting category. 
  • Mr. Ogden is regularly selected by his peers for inclusion in Best Lawyers in America for Litigation - Regulatory Enforcement (SEC, Telecom, Energy), and in 2017 he was named Washington DC "Lawyer of the Year" in Litigation - Regulatory Enforcement.
  • Partner Ron Machen has repeatedly been recognized for his professional accomplishments, including as a 2020 Rainmaker by the Minority Corporate Counsel Association, as a Visionary by the Legal Times for his work during his tenure as the US Attorney for the District of Columbia, and as one of the 50 Most Influential Minority Lawyers in America by The National Law Journal.

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