Derek A. Hahn

Partner

Overview

From high stakes internal and government investigations to complex compliance matters, clients turn to Derek to effectively manage and navigate their most consequential white collar risks across the globe.  Derek has successfully represented clients across various industries in a wide range of enforcement matters, with a particular emphasis on those involving corruption, financial fraud, international trade laws and regulations, and environmental compliance.  He is ranked by Chambers USA for Foreign Corrupt Practices Act (FCPA) matters, which recognized him for “building a sterling practice conducting investigations and providing compliance counsel.”

Derek’s anti-corruption experience stretches across six continents and includes government and internal investigations under the FCPA and UK Bribery Act, third-party due diligence reviews and audits, compliance program development, training, 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), and successfully led clients through the voluntary self-reporting process to both agencies.

In addition to his anti-corruption experience, Derek has represented clients in an array of government investigations and enforcement actions alleging financial fraud, money laundering, violations of securities laws, conflicts of interest, counterfeiting, corporate governance failures, and health care fraud. Derek has also defended clients in Clean Air Act and Clean Water Act environmental enforcement matters at both the federal and state level.

Derek has been recognized by Super Lawyers as a leading white collar attorney since 2017, and was named to the Daily Journal’s “Top 40 under 40” California lawyers in 2019.  He co-authored the WorldECR Global Guide on "Managing Investigations - Best practice in Government and Internal Investigations," and has authored numerous publications on investigations and compliance topics featured in the FCPA Blog, Law 360, the ABA’s Criminal Justice Section, and other outlets.  Derek sits of the Steering Committee of Crowell’s White Collar & Regulatory Enforcement Group and is a member of the firm’s Investigations Practice, which collectively have received numerous accolades, including Law 360’s “White Collar Group of the Year” distinction and recognition as one of ten “FCPA Powerhouses,” as well as ranking among the Global Investigations Review “GIR 100” list of top cross-border investigations practices around the world since 2015.

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 has brought litigation on behalf of elderly homeowners defrauded by home improvement contractors.  He also assists low income individuals in obtaining free legal representation through the Archdiocesan Legal Network.

Career & Education

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    • University of Virginia School of Law, J.D., Virginia Law Review
    • Duke University, B.S.E., cum Laude, Civil and Environmental Engineering
    • University of Virginia School of Law, J.D., Virginia Law Review
    • Duke University, B.S.E., cum Laude, Civil and Environmental Engineering
    • California
    • California
  • Professional Activities and Memberships

    • American Bar Association: Global Anti-Corruption Committee, International White Collar Committee, International Anti-Corruption Committee
    • Board Member, Federal Bar Association, Orange County Chapter
    • Past-President, National Contract Management Association, Orange County Chapter
    • Association of Surfing Lawyers

    Professional Activities and Memberships

    • American Bar Association: Global Anti-Corruption Committee, International White Collar Committee, International Anti-Corruption Committee
    • Board Member, Federal Bar Association, Orange County Chapter
    • Past-President, National Contract Management Association, Orange County Chapter
    • Association of Surfing Lawyers

Derek's Insights

Firm News | 3 min read | 02.15.24

Chambers Ranks Crowell Practices and Lawyers in 2024 Global Guide

Chambers and Partners has ranked 10 Crowell & Moring practice groups and 14 individual lawyers in the Chambers Global 2024 guide.

Representative Matters

FCPA and Anti-Corruption Engagements

  • Conducted internal investigation of potential FCPA issues in India for Fortune 500, publicly-traded life sciences company, including coordination of response to local anti-corruption authorities. Results: No adverse action against the company.
  • Advised publicly-traded chemicals company and employee in internal investigation of potential FCPA issues in Ukraine and response to incoming Mutual Legal Assistance Treaty (MLAT) request and DOJ subpoena regarding same.  Results: No adverse action against the company or employee.
  • Led internal investigation of potential corruption at a multinational IT company’s subsidiary in Argentina related to contracts with state-owned entities, including in response to anonymous whistleblower allegations, and related self-reporting to the DOJ and the SEC. Matter involved risk assessment of Argentine and Brazilian government sales and design of related policy improvements.  Results: No adverse action by DOJ or SEC.
  • Represented U.S. subsidiary of multinational heavy equipment manufacturer on investigation and self-reporting of FCPA issues in criminal DOJ investigation arising out of export control compliance with sales to Chinese state-owned entities, including development of enhanced compliance policies and procedures, conducting FCPA training, and coordinating with foreign-based executive leadership on world-wide compliance improvements. Results: No FCPA-related action taken against the company.
  • Conducted internal investigation and coordinated self-reporting to DOJ and SEC under the FCPA Pilot Program for multinational insurance company related to allegations of improper payments to inspection authorities in India.  Results: No adverse action against the company.
  • Represented multinational IT company in response to a DOJ investigation of potential FCPA violations in Southern Europe involving alleged excessive entertainment of government officials. Results: Successfully negotiated voluntary productions and resolved the investigation with no adverse action against the company.
  • Conducted post-acquisition FCPA risk assessment and internal investigation of a potential corruption issue in Peru involving allegations of corruption associated with use of lobbyists for favorable tax legislation.
  • Advised multinational company on post-acquisition FCPA risk assessment and investigations arising from the Operation Lava Jato ("Car Wash") investigations in Brazil and throughout South America, including responding to execution of search warrants and related response to local enforcement authorities.
  • Represented the former president and CFO of a pharmaceutical company during an internal investigation of FCPA issues by an independent Board committee. Results: No adverse action against the client.
  • Multi-year defense of multinational publicly-traded IT company and several employees in investigation by the DOJ and SEC of FCPA violations in India involving alleged use of marketing funds in connection with government contracts. Results: Non-public declinations by both the DOJ and SEC with no adverse action against the company or its employees.
  • Counseled multiple clients in countries across the globe on (1) transaction specific due diligence, contracting, and related controls, (2) pre-acquisition due diligence procedures, and (3) the development and improvement of anti-corruption compliance programs and policies, including performing related risk assessments, enhancing third-party due diligence protocols, and developing training materials.  

Other Investigation and Enforcement Engagements

  • Represented General Counsel of publicly-traded manufacturer in Special Committee investigation of Board governance issues and related whistleblower complaint.
  • Defended small privately-held business in investigation by U.S. Attorney’s Office into the alleged sale of counterfeit grey market goods. Results:  No adverse action against the client.
  • Represented a health care executive in connection with federal health care fraud and public corruption investigations. Results: 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.  Results: No adverse action against the client.
  • Defended an individual in a DOJ criminal antitrust investigation of certain financial products in Asia. Results: 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 investigation. Results: No criminal enforcement action; 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. Results: 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. Results: Favorable civil settlement.

Derek's Insights

Firm News | 3 min read | 02.15.24

Chambers Ranks Crowell Practices and Lawyers in 2024 Global Guide

Chambers and Partners has ranked 10 Crowell & Moring practice groups and 14 individual lawyers in the Chambers Global 2024 guide.

Recognition

  • Chambers USA: FCPA, Nationwide, 2023
  • Top 40 Under 40” California Lawyers, Daily Journal, 2019

Derek's Insights

Firm News | 3 min read | 02.15.24

Chambers Ranks Crowell Practices and Lawyers in 2024 Global Guide

Chambers and Partners has ranked 10 Crowell & Moring practice groups and 14 individual lawyers in the Chambers Global 2024 guide.

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