Darryl Lew focuses his practice on white collar and compliance matters, and dispute resolution through arbitration and litigation.
Chambers and other guides to the legal profession have described Mr. Lew as a "tenacious, thoughtful and pragmatic attorney," a "bright and articulate" attorney who possesses an "excellent ability to delve into the specific details of a case and come out with effective legal and factual conclusions" and a lawyer with "a kind of immense integrity and engaging persona that makes him exactly the kind of person you would want to represent your own interests."
Mr. Lew's white collar experience includes conducting internal corporate investigations and representing and advising US and foreign multinational companies and their governing boards and committees in civil and criminal matters involving fraud, accounting, and regulatory issues, often in the context of investigations and enforcement actions undertaken by the US Department of Justice and the US Securities and Exchange Commission. He has substantial experience in matters involving the US Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, including creating and assessing compliance and training programs, conducting risk assessments and compliance audits, as well as conducting and evaluating anti-corruption due diligence and compliance in the context of foreign investments and mergers and acquisitions.
Mr. Lew's litigation experience includes representing and advising clients in actions involving fraud, securities, accounting, regulatory and shareholder derivative and corporate governance issues.
Mr. Lew has substantial experience representing and advising private parties and state entities in domestic and international arbitrations and has been recognized in leading guides such as Chambers Global, Chambers USA, Best Lawyers in America, and Euromoney for his expertise in international arbitration.
Mr. Lew's arbitration experience has included disputes related to concessions, joint ventures, privatizations, and construction.
Mr. Lew has also advised clients in connection with claims at the International Court of Justice and under the North American Free Trade Agreement and the Energy Charter Treaty and various bilateral investment treaties.
Mr. Lew served as a law clerk to the Honorable Frank X. Altimari of the US Court of Appeals for the Second Circuit from 1991-1992 and to the Honorable Robert E. Payne of the US District Court for the Eastern District of Virginia from 1992-1993. Prior to attending law school, Mr. Lew was a Fulbright Scholar at the College of Europe in Bruges, Belgium during the 1985-1986 academic year.
- Gold Reserve in Gold Reserve Inc. v. Bolivarian Republic of Venezuela, an arbitration before ICSID’s Additional Facility under the Canadian-Venezuela bilateral investment treaty relating to one of the largest undeveloped gold/copper deposits in the world;
- Jordan in Trans-Global Petroleum, Inc. v. The Hashemite Kingdom of Jordan, an ICSID arbitration under the US-Jordan bilateral investment treaty arising out of an oil concession contract;
- Romania in Noble Ventures, Inc. v. Romania (ICSID Case No. ARB/01/11), an ICSID arbitration under the US-Romania bilateral investment treaty arising out of the privatization of a steel mill;
- Romania in EDF (Services) Limited v. Romania (ICSID Case No. ARB/05/13), an ICSID arbitration under the UK-Romania bilateral investment treaty arising out of allegations of official corruption related to a concession to provide duty free and other retail services at Romanian airports;
- Romania in S&T Oil Equipment and Machinery v. Romania (ICSID Case No. ARB/07/13), an ICSID arbitration under the US-Romania bilateral investment treaty of a dispute relating to the privatization of several industrial companies;
- A state-owned utility in an UNCITRAL arbitration arising out of the construction of a hydro-electric facility in Southeast Asia;
- A privately held Thai company in arbitration proceedings arising out of the construction of a chemical plant in Southeast Asia;
- A Central Asian government in an UNCITRAL arbitration arising out of a dispute related to an investment in a state-owned gold mine; and
- A Central Asian government in an arbitration under the Arbitration Rules of the Stockholm Chamber of Commerce arising out of a multimillion-dollar dispute related to investment in a state-owned enterprise.
- A bank in a federal class action involving allegations of violations of federal and state antitrust laws and of the Commodity Exchange Act;
- A Special Litigation Committee of the Board of Directors of a publicly traded utility company in connection with a shareholder derivative demand alleging breaches of fiduciary duties related to debt covenant compliance and executive compensation;
- A Committee of the Board of Directors of a publicly traded media and communications company in connection with a shareholder derivative demand alleging breaches of fiduciary duties arising out of complex accounting issues;
- A foreign state entity in a shareholder derivative action;
- A consortium of investment banks in a class action brought against them under Sections 11 and 12(a)(2) of the Securities Act of 1933;
- The US Presidential Inaugural Committee in a challenge to the constitutionality of prayer at the Presidential inaugural ceremony;
- A foreign state entity in a federal civil fraud and breach of contract action;
- A publicly traded oil company in a civil US False Claims Act suit concerning royalties on oil extracted from federal lands;
- A publicly traded company in a federal civil fraud and breach of contract action arising out of accounting issues discovered in post-closing due diligence following a negotiated acquisition; and
- A publicly traded transportation company in post-verdict proceedings resulting in the set-aside of the then largest personal injury verdict in Virginia history.
White Collar Representation
- A publicly traded multinational corporation in an internal investigation into possible FCPA violations in its distribution chain;
- A bank in connection with investigations into possible violations of federal and state antitrust and fraud laws as well as of the Commodities Exchange Act;
- The Board of Directors of a private equity fund in an internal investigation involving possible FCPA violations by the subsidiary of a US portfolio company;
- An audit committee of a publicly traded, multinational telecommunications corporation in an internal investigation of possible FCPA violations;
- An audit committee in an internal investigation into possible fraud in connection with executive compensation and expense reporting;
- A publicly traded, multinational conglomerate in a global, risk-based FCPA compliance audit of operations in over 70 countries and related internal investigations at numerous subsidiaries, including in the manufacturing, services, and health care sectors;
- A multinational chemical company in an investigation into possible violations of the False Claims Act and U.S. customs laws;
- A senior bank executive in connection with testimony under a Mutual Legal Assistance Treaty between the United States and a Western European country;
- Private equity funds and publicly traded US companies in FCPA due diligence and compliance in international investments and acquisitions;
- A US trade association in connection with FCPA compliance and training in the conduct of the association's international operations, including official travel, entertainment, sponsorships and donations;
- A multinational pharmaceutical and medical devices company in a global anti-corruption risk assessment and creation of a global anti-corruption compliance policy and program;
- A US multinational corporation in an internal investigation into possible fraud and self dealing in the operation of a European subsidiary;
- A foreign state entity in a criminal fraud and bank regulatory investigation carried out by the Department of Justice and the US Federal Reserve; and
- A foreign state entity in federal appellate proceedings related to the disclosure of federal grand jury materials.
- US District Court for the District of Columbia
- US District Courts for the Southern and Eastern Districts of New York
- US District Courts for the Eastern and Western Districts of Virginia
- US Court of Appeals for the Fourth, Fifth and Ninth Circuits
- US Supreme Court