Companies and individuals must own their risks—environmental and otherwise. We establish systems to prevent, detect, and correct problems before they escalate, or defend them when they break down.

Why B&D?

We’re different than many law firms that handle business crimes. We don’t separate reactive defense from proactive compliance. Our services address the whole enforcement risk spectrum, from pure prevention and civil inspection to criminal investigation, litigation, trials, and appeals.

We work with clients to establish compliance programs based on the specific risks they face. In industries where enforcement initiatives are increasing, we don’t gauge those risks based on just what investigators say they’re going to do (the governmental policies and “playbook”); we monitor what investigators are actually doing. We track new government priorities and use that intelligence to offer smart, preventative counseling.

Our counsel reduces risks, adds value – while preserving resources and reputations. Two former top federal environmental prosecutors are members of our business crimes and compliance team. We know how inspectors think—chronic non-compliance at the civil level is cause for a criminal referral. If a civil investigation heats up, we help clients improve their compliance programs and demonstrate that escalation is unnecessary.

About a third of our casework is purely reactive—responding to an indictment or search warrant. In the latter, the velocity of our investigation is critical. We respond on a moment’s notice—within hours—and dispatch a qualified team. Within 24 hours, we have a well-orchestrated strategy to gather statements from essential witnesses and stay ahead of the government investigators.

Barring a settlement agreement in a criminal prosecution, we offer a trial-ready team that is accustomed to chaos and comfortable in the courtroom. Our business crimes lawyers translate highly complex facts, of incredible volume, into understandable, digestible, and compelling stories that persuade juries to rule our way.

Clients

We work with corporations, executives, board members, in-house counsels, and other individuals in federal and state government investigations and prosecutions involving environmental regulatory crimes, as well as white-collar cases of securities, bank fraud, healthcare fraud, and tax crimes, as well as drug-conspiracy, antitrust allegations, and more.

Our deep bench of regulatory lawyers (“the cavalry”) offers clients scientific, industrial, and operational knowledge and experience. We also maintain a valuable network of technical and forensic experts and consulting firms to deploy for our clients as needed.

Focus

Our first role is to help clients “prevent, detect, respond to, and correct” violations.  While it is not unusual for a company to have compliance programs and oversight in place—particularly large, established corporations—their effectiveness may be unknown, unreviewed, or outdated based upon new government priorities. We work with companies of all sizes and industries to document prior investments, structural adequacy, and compliance history; assess systems and risks; and correct course, if necessary, to mitigate exposure.

If a criminal investigation is opened, we immediately focus on marshalling the facts and developing a strategy to minimize exposure, and to persuade the prosecutor not to bring charges.  However, if a business crimes investigation leads to indictment -- our focus shifts to pre-trial strategy— as well as designing and building a winnable case. Our smart, experienced, and hardworking team goes beneath the surface to master  the witnesses, documents, and underlying persuasive defense themes. We sculpt away the unnecessary parts and resurface with the essential story that a jury will understand and embrace.

Whether in a board room, a settlement conference room, or in a courtroom, our compliance counselors, regulatory litigators and trial-tested lawyers are safe hands for the demanding defense of business crimes.

We perform risk mitigation services for regulated companies and individuals, including:

  • Developing and performing environmental corporate compliance assessments
  • Designing and conducting audits on regulatory issues
  • Preparing voluntary self-disclosures under federal and state statutory schemes
  • Developing training programs for corporate boards, executives, and employees

We provide investigatory and defense services for all companies and individuals, including but not limited to:

  • Preparing for and responding to search warrants
  • Preparing pretrial motions on regulatory and technical issues
  • Conducting internal investigations
  • Collecting and processing electronic data for criminal cases
  • Responding to grand jury and regulatory subpoenas
  • Representing witnesses before the grand jury
  • Negotiating plea agreements
  • Defending complex indictments at trial