Wendy H. Schwartz

We represented an international Fortune 100 company facing a criminal investigation, an internal investigation, and multiple qui tam actions arising from contracts with the City of New York.  After a non-prosecution agreement was reached on the criminal matter, we litigated the first qui tam through discovery to a favorable settlement, and obtained dismissal of each remaining qui tam.

We obtained dismissal of a qui tam brought against a financial services provider for alleged fraud in its RMBS program, successfully arguing that the allegations were based on prior public disclosures concerning other industry participants — a legally significant theory that has generated substantial attention in the courts.

We obtained summary judgment in a qui tam alleging fraud in connection with overseas earthquake relief services provided to USAID. By convincing the court to permit targeted discovery on a single case-dispositive issue before opening full discovery, we resolved the matter efficiently and saved the client significant time and expense.

We represented a restaurant chain accused of improperly accessing government small business relief funds during the COVID pandemic, resolving the matter with the DOJ prior to active litigation.

We represented a licensee of digital publishing channels in a dispute with the licensor over channel operations where we prepared detailed preliminary injunction papers that prompted expedited negotiations, ultimately securing an amendment to the licensing agreement that protected our client’s operations.

We represented two non-U.S. companies and their U.S.-based parent against civil RICO and related claims arising from trade finance contracts in Singapore and India. Navigating multiple removals, remands, and rounds of discovery across New York state and federal courts, we resolved the case favorably on the eve of a jurisdictional hearing.

We represented an individual who sold his company and subsequently faced securities fraud and breach of fiduciary duty claims in Delaware and the Southern District of New York. When the company filed for bankruptcy, we resolved all claims against our client and secured payment for a portion of his ownership interest through the bankruptcy plan.

We represented the former CFO of MF Global in securities and commodities class actions and a breach of fiduciary duty claim brought by the bankruptcy trustee. After years of litigation against both class action plaintiffs and the bankruptcy trustee, all matters were resolved without any payment by our client.

We represented a non-U.S. consulting company that uncovered evidence of invoice fraud by a principal of one of its U.S. customers. We conducted the internal investigation, coordinated with the customer’s own investigation, and negotiated a resolution between the two companies — navigating complex cross-border legal questions and ensuring our client made necessary disclosures without assuming liability in the process.

We represented an audit committee requiring an urgent review of financial mismanagement allegations while a nine-figure financing was in progress. We delivered an oral report within four days of our engagement, and a written report within seven, concluding that the allegations were unsubstantiated and allowing the financing to proceed on schedule.

We represented a Chief Financial Officer in several years-long, multi-agency investigations, culminating in no action against our client, as well as in parallel civil litigation brought by individuals.

We regularly handle compliance investigations for a financial services provider across a broad range of business activities, investigating and advising on potential government fraud, vendor fraud, customer fraud, and internal audit issues on a continuing basis.

We regularly handle compliance investigations for a manufacturer of pharmaceuticals and devices investigating and advising on potential government fraud, vendor fraud, customer fraud, and internal audit issues on a continuing basis.