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, international trade laws and regulations, financial fraud, corporate governance, and environmental compliance.  He is ranked by Chambers USA for Foreign Corrupt Practices Act (FCPA) matters, which recognizes 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 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-disclosure 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 violations of international trade laws, financial fraud, money laundering, violations of securities laws, conflicts of interest, counterfeiting, corporate governance failures, and health care fraud. He has led multiple internal investigations into alleged customs evasion with potential criminal and civil exposure, including under the False Claims Act (FCA), and has helped clients navigate related voluntary self-disclosures to both Customs and Border Protection (CBP) and DOJ.  Derek has also defended clients in Clean Air Act and Clean Water Act environmental enforcement matters at both the federal and state level.

Derek 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 on 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

    • 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 is incredibly savvy and possesses outstanding judgement.

Chambers USA

Representative Matters

Anti-Corruption and International Trade Engagements

  • Led internal investigation and parallel self-disclosure to DOJ and SEC regarding potential FCPA violations in South America related for a publicly traded agriculture company involving alleged improper payments to customs officials.
  • Represented sports equipment manufacturer in internal investigation of alleged duty evasion and related prior disclosure to CBP and parallel False Claims Act investigation by DOJ.
  • Conducted internal investigation of potential FCPA issues in India for Fortune 500 life sciences company.
  • Advised publicly traded chemicals company in internal investigation of potential FCPA issues in Ukraine and response to DOJ subpoena based on Mutual Legal Assistance Treaty (MLAT) request by Ukraine.
  • Led internal investigation and parallel self-disclosures to DOJ and SEC of potential FCPA violations at a multinational distributor’s subsidiary in Argentina and related response to anonymous whistleblower involving alleged improper payments to secure government contracts.
  • Represented multiple U.S. subsidiaries of plastics distributor in investigation of potential duty evasion including parallel self-disclosures to CBP and DOJ.
  • Conducted internal investigation and coordinated parallel self-disclosures to DOJ and SEC for multinational insurance company related to potential FCPA violations in India involving alleged improper payments to government inspectors.
  • Represented multinational distributor in response to a DOJ investigation of potential FCPA violations in Southern Europe involving alleged excessive entertainment of government officials to secure contracts.
  • Conducted post-acquisition FCPA risk assessment and internal investigation of a potential corruption issue in Peru involving alleged improper payments through lobbyists to obtain favorable tax legislation.
  • Advised multinational distributor 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 government investigations.
  • Represented the former president and CFO of a pharmaceutical company during an internal investigation of FCPA issues by an independent Board committee.
  • Represented U.S. subsidiary of multinational heavy equipment manufacturer in investigation and self-disclosure of FCPA issues in criminal DOJ investigation arising out of export control compliance concerns with sales to Chinese state-owned entities.
  • Multi-year defense of publicly traded distributor and several employees in investigation by the DOJ and SEC of FCPA violations in India involving alleged use of marketing funds to secure government contracts.
  • Counseled multiple clients in countries across the globe on (1) transaction specific anti-corruption due diligence, contracting, and related controls, (2) pre-acquisition anti-corruption due diligence, and (3) the improvement of anti-corruption compliance programs, including performing related risk assessments, developing training materials, and enhancing third-party due diligence protocols.

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.
  • Defended one of the nation's largest cement manufacturers in multistate Clean Air Act investigations and federal court litigation brought by DOJ and the Environmental Protection Agency (EPA).
  • Represented a health care executive in connection with federal health care fraud and public corruption investigations.
  • Represented the former CFO of publicly traded pharmaceutical company in connection with an accounting fraud investigation.
  • Represented an oil company and executives in connection with a criminal environmental enforcement investigation arising from alleged improper discharges.
  • Defended executive in a DOJ criminal antitrust investigation of certain financial products in Asia.
  • Advised a multi-billion-dollar public retirement fund on conflicts of interest under California Government Code Section 1090.
  • Represented wastewater treatment company in an improper discharge investigation by the California State Water Resource Control Board's Office of Enforcement.

Recognition

  • Chambers USA: FCPA, Nationwide, 2023-2025
  • Top 40 Under 40” California Lawyers, Daily Journal, 2019
  • Super Lawyers: Leading White Collar Attorney, 2017 – Present