Derek Hahn is a partner in Crowell & Moring's White Collar & Regulatory Enforcement Group and a member of the firm’s Investigation Practice. Derek’s practice focuses on white collar defense, internal investigations, complex litigation, and compliance counseling. He represents clients in an array of government investigations and enforcement actions alleging financial fraud, public corruption, conflicts of interest, counterfeiting, procurement integrity, and health care fraud. Derek has also defended clients in several multi-million dollar environmental enforcement matters at both the federal and state level.
Derek has extensive experience managing matters involving the Foreign Corrupt Practices Act (FCPA) having counseled clients in multiple industries on FCPA matters across six continents. His FCPA experience includes government and internal investigations, third-party due diligence reviews, compliance program and training development, and anti-corruption risk assessments. He has defended multiple FCPA investigations brought by the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC).
Selected FCPA Engagements
- Defense of multinational company and individuals in investigation by the DOJ and SEC of potential FCPA violations in India. This representation involved multiple subpoena responses, worldwide preservation efforts, extensive forensic accounting, and safe passage negotiations for government interviews of foreign national employees. Results: non-public declination by both the DOJ and SEC for the company and its employees with no penalties or adverse action.
- Representation of multinational company in response to a DOJ inquiry stemming from allegations of FCPA violations in Southern Europe. Successfully negotiated voluntary productions and resolved the inquiry with no adverse action against the company or its employees.
- Conducted post-acquisition FCPA risk assessment and internal investigation of a potential corruption issue following the acquisition of a multinational company in South America.
- Advised multinational company on FCPA issues arising from the Operation Lava Jato (“Car Wash”) investigations in South America.
- Represented the former president and CFO of a pharmaceutical company during an internal investigation of FCPA issues by an independent Board committee, resulting in no adverse action against the client.
- Counseled multiple clients on the development or improvement of anti-corruption compliance programs, including related risk assessments, third-party due diligence protocols, and training materials.
Selected Enforcement and Investigation Engagements
- Defended small privately-held business in investigation by U.S. Attorney’s Office into the alleged sale of counterfeit grey market goods, resulting in no adverse action against the client.
- Represented a health care executive in connection with federal health care fraud and public corruption investigations, resulting in a favorable plea agreement.
- Defended the nation's largest cement manufacturer in multistate Clean Air Act investigations and federal court litigation brought by the DOJ Environmental Enforcement Division and Environmental Protection Agency (United States v. CEMEX California Cement, LLC, ED-CV-07-00223-GW (C.D. Cal. 2009); United States v. CEMEX, Inc., No. 1-09-CV-00019-MSK (D. Colo.)).
- Represented the former CFO of publicly-traded pharmaceutical company in connection with an accounting fraud investigation, resulting in no adverse action against the client.
- Defended an individual in a DOJ criminal antitrust investigation of certain financial products in Asia, resulting in no adverse action against the client.
- Advised a multi-billion dollar public retirement fund on conflicts of interest under California Government Code Section 1090.
- Represented an oil company and oil company executives in connection with a criminal environmental enforcement action, resulting in a favorable civil settlement.
- Defended an IT contractor in a federal grand jury investigation predicated on whistleblower allegations of mischarging and revolving door violations related to a multi-million dollar Iraq reconstruction contract, resulting in no adverse action against the client.
- Represented a client in a discharge investigation by the California State Water Resource Control Board's Office of Enforcement, resulting in a favorable civil settlement.
In addition to his white collar practice, Derek regularly volunteers time to pro bono matters. He co-chaired a pro bono jury trial in a federal civil rights case in Los Angeles, and assists low income individuals in obtaining free legal representation through the Archdiocesan Legal Network.
Derek previously served on the Board of the Orange County Chapter of the National Contract Management Association. He was elected president for two consecutive terms and led the Chapter to earn the organization’s highest national recognition during his tenure.
Affiliations
Admitted to practice: California
Memberships:
American Bar Association: Member, Global Anti-Corruption Committee and International White Collar Committee
Planning Committee Member, Federal Bar Association, OC Young Lawyers Division
Past-President, National Contract Management Association, Orange County Chapter
Association of Surfing Lawyers
Highlights, News & Knowledge
Speeches & Presentations
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"Do You Know What To Do When the Unexpected Occurs? How In-House Counsel Can Effectively Manage a Crisis," Association of Corporate Counsel Southern California Chapter. Dodger Stadium, Los Angeles, CA
(May 3, 2017).
Presenters: Derek A. Hahn and Daniel M. Glassman.
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"Doing Business in Regulation Rich California," Association of Corporate Counsel Southern California Chapter. Dodger Stadium, Southern California, Los Angeles, CA
(September 2, 2015).
Presenters: Derek A. Hahn and Agustin D. Orozco.
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"The Changing Landscape of Internal Investigations," WOOPS 2015, Crowell & Moring's West Coast Ounce of Prevention Seminar, Marina del Rey, CA
(May 14, 2015).
Moderator: Gail D. Zirkelbach; Panelists: Derek A. Hahn, Justin P. Murphy, and Joelle Sires.
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"Mitigating Risks for Small Businesses Under the Foreign Corrupt Practices Act," Small Business Administration, Export Trade Assistance Partnership Program, Irvine Chamber of Commerce
(2010).
Presenter: Derek A. Hahn.
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"Subcontractor Flow-Downs and Preventing 'Overflow,'" ABA Public Contract Law Section Annual Meeting
(2006).
Co-Authors: Donald Sovie, Brian Russ and Derek A. Hahn.
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"Contingency Contracting: Lessons Learned and Opportunities Presented in Contingency Contracting in the Aftermath of Hurricane Katrina," Western Ounce of Prevention Seminar
(2006).
Co-Authors: Glenn Rowley and Derek A. Hahn.
Publications
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"The Evolving Landscape of Legal Privilege in Internal Investigations," Criminal Justice, Vol. 30, No. 2, American Bar Association
(Summer 2015).
Authors: Janet Levine, Gail D. Zirkelbach, Derek A. Hahn, and Danielle Rowan.
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"Drawing the Battle Lines: Recent Challenges to Privilege and Lessons Learned," National Institute on White Collar Crime, New Orleans, LA
(March 2015).
Authors: Janet Levine, Gail Zirkelbach, Derek A. Hahn, and Danielle Rowan.
Client Alerts & Newsletters
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"Second Circuit Rejects Government’s Attempt to Expand the Extraterritorial Reach of the FCPA Utilizing Accomplice and Conspiracy Liability,"
White Collar Alert
(August 29, 2018).
Contacts: Derek A. Hahn, William S.W. Chang, Kelly T. Currie, Alan W. H. Gourley, Thomas A. Hanusik, Paul M. Rosen, Dalal Hasan, Matt Gander
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"I Can’t Get No (Retroactive) Relief,"
White Collar Alert
(June 8, 2018).
Contacts: Rebecca Monck Ricigliano, Derek A. Hahn, Thomas A. Hanusik, Jeff Severson
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"DOJ's FCPA Pilot Program Issues First Public Declination Under Trump Administration,"
White Collar Alert
(June 21, 2017).
Contacts: Thomas A. Hanusik, Derek A. Hahn, Tiffany Wynn
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"Legal Privilege in Internal Investigations Analyzed,"
Government Contracts Bullet Points
(September 2, 2015).
Contacts: Gail D. Zirkelbach, Derek A. Hahn, Danielle Rowan
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"Applicability of Privilege to Internal Investigations Upheld, Again,"
Government Contracts Bullet Points
(August 12, 2015).
Contacts: Gail D. Zirkelbach, Brian Tully McLaughlin, Derek A. Hahn, Jason M. Crawford
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