White Collar Defense & Internal Investigations

BurgherGray represents companies of all sizes, together with their board of directors, committees, officers, and other individuals in conducting internal investigations and responding to civil or criminal investigations, enforcements, and regulatory proceedings. Our seasoned litigation team, including a former Branch Chief at the Enforcement Division of the United States Securities and Exchange Commission, is uniquely situated to take on our clients’ most complex legal challenges.

Our attorneys have represented companies and individuals in investigations and enforcement actions brought by the United States Department of Justice, the United States Securities and Exchange Commission, the Federal Trade Commission, the Consumer Financial Protection Bureau, the Social Security Administration, and numerous state attorneys generals.

BurgherGray also advises clients on the development and implementation of consumer privacy and ethics compliance programs. We advise public corporations, retailers, financial services firms, and other consumer-facing companies with respect to the implementation of preventive measures, as well as the development and implementation of remedial measures after an enforcement action has already been instituted.

Representative Transactions

• Conducted an internal investigation for a national retailer regarding the actions of certain employees in relation to a government funded subsidy program. Our attorneys also coordinated the outreach to government agencies and counseled the client on remedial measures. Based on the tireless work of our attorneys, our client was not subject to any government fines or penalties.
• Conducted an internal investigation for a manufacturer of secure identification cards that had been the victim of a computer hack launched from Southeast Asia. Our attorneys led the investigation into the source of the attack, the cause of the security vulnerability, and counseled the client on remedial measures. In addition, our attorneys coordinated the notification of consumers, government agencies, and credit card companies.
• Served as national counsel for a direct marketing client in investigations and actions brought by 12 states and 3 federal agencies alleging deceptive advertising.
• Defended a direct marketing client in an action brought by the Social Security Administration, which sought penalties and injunctive relief for deceptive advertising. In a remarkable victory, our attorneys had the agency’s administrative action dismissed by an appeals panel.
• Defended an individual employee of a large utilities conglomerate against allegations of commercial bribery. Our negotiations with the prosecution led to our client’s record being cleared of all charges.
• Represented a financial services company in response to a third-party subpoena issued by a bankruptcy examiner in one of the most highly publicized bankruptcies of the last decade. Our attorneys coordinated the rapid production of millions of documents, provided strategic litigation advice, and defended key client employees in depositions.