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Benjamin Haley represents corporations and individuals in investigations and regulatory enforcement proceedings, with a particular focus on anti-corruption/FCPA, board committee, and securities enforcement investigations. He has industry expertise in a range of areas, including pharmaceuticals, healthcare distribution, agricultural machinery, financial services, and real estate.
In the anti-corruption/FCPA area, Mr. Haley regularly represents clients in DOJ, SEC, and internal investigations. He has particular expertise in investigations involving customs and forensic accounting issues. He is an experienced witness interviewer and he has taken the lead in preparing numerous complex presentations to the DOJ and SEC. In addition to investigations, he assists clients with risk assessments and compliance matters, including review and assessment of anti-corruption programs and controls.
Mr. Haley also has expertise representing special litigation committees and demand evaluation committees in connection with shareholder derivative litigation, including factual investigation and witness interviews, analysis of potential claims and preparation of committee reports, negotiating and crafting settlements and corporate governance enhancements, and settlement approval and shareholder notice procedures. In securities enforcement matters, Mr. Haley has developed expertise on a range of accounting, financial reporting, and securities issues, including revenue recognition, goodwill, loan-loss reserves, debt covenant compliance, insider trading, market manipulation, and internal controls.
Mr. Haley routinely manages complex eDiscovery projects, including large-scale data collection and review. He has extensive experience with cross-border document collection and data privacy issues, training and supervising large-scale contract reviews, foreign language review, and technology-assisted review/predictive coding. Mr. Haley frequently advises clients in investigations on preservation and collection of data, and is often called upon to negotiate with regulators on the parameters of data collection and review.
In addition to his investigations practice, Mr. Haley represents policyholders on D&O, professional liability, and environmental coverage matters. He has assisted D&O and professional liability policyholders in obtaining coverage in a range of matters, including securities, derivative, insolvency, trade secret, and franchise litigation. He regularly assists clients in negotiating with carriers in complex multi-party disputes on issues such as defense costs, allocation, and confidentiality/non-waiver agreements. He also has extensive experience in complex environmental insurance coverage litigation, including two successful jury trials for a large utility with liabilities from the historical operation of manufactured gas plants.
Representative Matters
Anti-Corruption/FCPA
- Representation of manufacturing company in SEC/DOJ investigation into alleged FCPA violations in Europe and Asia.
- Internal investigation for manufacturing company relating to imports in South America.
- Representation of entity in DOJ investigation into potential FCPA violations in the Middle East.
- Representation of executive of an automotive manufacturer in an SEC/DOJ investigation into alleged FCPA violations in Eastern Europe.
Securities Enforcement
- Representation of large regional bank in SEC inquiry concerning mortgage loan repurchase reserves.
- Representation of pharmaceutical executive in SEC/DOJ investigation regarding alleged disclosure, accounting, insider trading, and other securities law violations.
- Representation of consulting firm audit committee member in SEC investigation into accounting irregularities.
Board Committee Investigations
- Counsel to the Special Litigation Committee of the Board of Directors of Hewlett-Packard Company in shareholder derivative litigation relating to the Board’s response in 2005 and 2006 to leaks of confidential company information.
- Counsel to the Special Litigation Committee of the Board of Directors of InfoGROUP in connection with shareholder derivative litigation focusing on self-dealing and misuse of corporate assets.
- Counsel to the Audit Committee of a publicly traded real estate investment trust in an investigation relating to debt covenant compliance and financial reporting issues.
Other Investigations
- Representation of pharmaceutical company in DOJ investigation into off-label promotion.
- Representation of pharmaceutical company in an FTC antitrust investigation arising out of the settlement of patent litigation.
- Representation of a large technology company in an OFAC investigation.
- Representation of executive in Congressional investigation relating to executive compensation.
Insurance Coverage
- Counseling clients on D&O and professional liability coverage in connection with investor and franchise litigation and regulatory investigations.
- Representation of utility in two successful jury trials over coverage for environmental liabilities.
Honors and Rankings
- Part of Covington team named Outstanding Volunteer Counsel by Innocence Project, New Orleans for representation of wrongfully convicted clients in Louisiana.
Pro Bono
- § 1983 action against the city of Covington, Louisiana and members of its police department on behalf of a plaintiff who was wrongfully convicted and exonerated by DNA evidence; obtained over $2 million in total recovery in settlement of this action and related state court litigation.
- § 1983 action against police and prosecutors in Washington Parish, Louisiana arising out of wrongful conviction and Brady violations.
- § 1983 action against police and prosecutors in Jefferson Parish, Louisiana arising out of wrongful conviction, Brady violations, and fabrication of evidence.
- Represented an indigent defendant in Maryland on felony handgun charges. Obtained a favorable plea agreement with no jail time where defendant faced mandatory minimum.
Publications and Speeches
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