Innovating to Protect Our Clients’ Interests
When we walk up the courthouse steps, we are prepared to win. We have experience managing multi-jurisdictional and parallel proceedings presenting not only legal and financial exposure risks, but also potential reputational damage and loss of customers as well. We have tried and won “bet-the-company” litigation, and amassed decades of experience defending and prosecuting commercial litigation throughout the United States.
Our experience brings a competitive edge in analyzing claims, understanding our client’s business and the issues at hand, sizing up the opposition, devising strategies, managing risk, determining exposure and resolving disputes up to and including trial.
Defending Clients on All Fronts
We have represented companies, executives and government officials in dozens of matters involving congressional investigation and other Washington-based inquiries, including inquiries arising out of Afghanistan, Benghazi, Fast and Furious, Solyndra and others. Our attorneys’ experience working in the Senate and in the Executive Branch helps prepare and protect clients through the legal, political and media inquiries that can emerge in a congressional investigation. We protect our clients’ legal interests while navigating through the political and media firestorms that can emerge from such inquiries.
We also have represented clients under investigation by grand juries, the SEC, the Consumer Fraud Protection Bureau, FERC, various Inspectors General and the Office of Special Counsel, and we have conducted internal investigations on behalf of clients in a variety of economic sectors. We have expertise in the Foreign Corrupt Practices Act, the UK Anti-Bribery Act, the False Claims Act, healthcare fraud statutes, campaign finance laws, export control, foreign investment in the United States, and other national and international security authorities
Supporting Business Across Borders
We have represented clients in the US, Europe, Asia, Australia and the Middle East, satisfying the various – and often conflicting – international legal regimes and business practices while remaining sensitive to differences in culture and business practices. Our core expertise in international law is particularly vital in managing business negotiations and transactions in Europe and Asia, where data protection and privacy, data breach notification issues, consumer data and practices, and movement of data across boarders are evolving and often decisive.
Protecting sensitive data and managing conflicting international law and regulations are particularly vital in mergers and acquisitions across borders and when American companies initiate new business overseas or with overseas companies here. In addition to protecting clients’ trade secrets, other intellectual property as well as personal and sensitive data, we assist with implementation of import, export, and other cross-border issues, including the US Exon-Florio statute and the related Committee on Foreign Investment in the United States review process for foreign investments in the United States.
Navigating Complex Fraud, Regulatory And Privacy Issues
We have represented healthcare companies under investigation by U.S. Attorneys Offices, the Department of Justice, the Department of Health and Human Services Office of Inspector General, FDA and state agencies. Healthcare fraud cases frequently include criminal, civil and administrative proceedings, which our attorneys effectively – and often simultaneously – handle. We have represented clients in dozens of matters regarding allegations in the hospital, pharmaceutical and medical supply sectors of the economy.
We have advised physicians and large healthcare institutions on cyber security and data privacy issues, including HIPAA compliance. We have managed and controlled the parallel prosecutions that can often evolve from an initial administrative hearing or small-scale investigation, to encompass criminal and civil litigation as well as reputational and international coordination issues.
Cyber Security & Privacy
Managing the Constantly Evolving Frontiers of the Internet
We are recognized experts in cyber security and in data protection and privacy in the United States and abroad. Our attorneys have written portions of the Homeland Security Act and related intelligence reform legislation, legal and ethics chapters of cyber security textbooks, as well as numerous other laws and Presidential directives.
Under the protection of the attorney-client privilege, we supervise teams of experts in developing strategies to protect trade secrets, other intellectual property, and sensitive and legally protected information while complying with myriad – and often conflicting – US and international legal and regulatory obligations. We create and oversee the testing of cyber security measures and provide legal and technical advice for mitigating vulnerabilities. We create and implement lawful employee monitoring programs and help our clients respond to law enforcement demands while managing company responses to data breaches.
The challenges of today’s world, with politicized issues, a cyber war without national borders and issues around technologies that weren’t even considered only two years ago requires a firm that is not only a government and industry insider, but positioned to act with strength, vision and experience.
Managing High-Stakes Risk In The Political And Media Spotlight
Few have represented as many congressional investigations targets and witnesses as have the lawyers at this firm. For example, we have represented clients in the Benghazi, Fast and Furious, and Solyndra investigations, and in many others. These inherently political inquiries create unique legal and reputational risks, even if only called as witnesses. Our job is to keep the legal interests of our clients in focus, while navigating the political and media storms that can attach to these inquiries.
Protection when National interests collide with corporate policies
Doing business in America, especially in telecommunications, defense, government contracts, and technology innovation, was changed forever by the September 11, 2001, attacks. Multiple ongoing conflicts and recent revelations about once-secret intelligence programs have added to the complexity when national security collides with our client’s business interests.
With decades of experience in all facets of national security law, policy, and operations, the lawyers of Cunningham Levy Muse help clients cooperate with and, when necessary, challenge government demands for information; interact with government officials to pursue legislative or policy changes and educate them about emerging technologies; comply with national security-related challenges of investments in national security-sensitive US economic sectors such as telecommunications, healthcare, intellectual property and energy; and pursue government contracting activities in this area. We also have considerable experience representing clients operating in this universe when faced with litigation and investigations.