David W. Simon

Conducted an internal investigation for a publicly traded company in the health care diagnostics industry into allegations that its Philippines distributor paid bribes in connection with certain government sales. He guided the company through the termination of the distributor and the deployment of enhanced compliance procedures and controls. Led the team representing a publicly traded U.S. manufacturing company that discovered suspicious payments to an agent made by its Peru subsidiary. The investigation led to discovery of a number of additional compliance issues, including suspicious payments in China, sales to Cuba, and additional Peru bribery allegations. David helped the company navigate through the complex landscape this presented, including defending U.S. Department of Justice, U.S. Securities and Exchange Commission, and Peruvian government investigations. Lead FCPA counsel for an independent compliance monitor engaged by a financial institution, as mandated by its FCPA settlement agreements with the U.S. Department of Justice and U.S. Securities and Exchange Commission. In this role, David advised the organization in his review and assessment of the company’s compliance anti-bribery policies, procedures, and internal controls, and he reported to the regulators on his findings and conclusions. Conducts international compliance due diligence for a large industrial conglomerate that regularly acquires companies based in and operating all around the world. He helps the company identify and value global compliance risks to inform purchase and valuation decisions, and he assists in developing compliance integration and remediation plans for newly acquired businesses. Served as lead appellate FCPA counsel for Carlos Rodriguez in the landmark case U.S. v. Esquinazi, Case No. 11-15331, the first federal appeals court case to address the meaning of the FCPA’s “foreign official” element.

Represented two construction company executives who received target letters from a U.S. Attorney’s Office, indicating the office believed the executives had participated in a fraudulent scheme involving disadvantaged business set-aside contracts with various governmental entities. David persuaded the office to decline to bring any criminal charges against the executives and negotiated a civil settlement between the United States and the company that allowed a successor company to continue operations. When St. Mary’s Medical Center in Huntington, West Virginia, sought to merge with the other major hospital system in the city, Cabell Huntington Hospital, the U.S. Federal Trade Commission challenged the combination on antitrust grounds. David led the team representing St. Mary’s in the defense of the FTC investigation and enforcement action and in the negotiation of a political solution with the West Virginia Attorney General, which allowed the merger to proceed. Defended an industrial company in a grand jury investigation into potential criminal violations of the Resource Conservation and Recovery Act and persuaded DOJ to close the investigation without bringing any changes against the company.

David has particularly deep experience leading investigations and enforcement actions arising out of India and advising companies and their India operations on compliance with applicable laws. Through this experience, David has developed a deep understanding of India and the risks posed to companies doing business there; he is adept at developing India-specific risk mitigation strategies and navigating cross-border enforcement actions and litigation.