Peggy Daley is a Managing Director in the Chicago office of Duff & Phelps, LLC and is part of the Dispute and Legal Management Consulting group. She is the Co-Chair of the firm’s Global Electronic Discovery & Investigations practice group.
Peggy has over 20 years of experience in investigations, electronic discovery, dispute resolution and regulatory compliance for multinational corporations in a variety of industries. She has conducted investigations on behalf of Boards of Directors, senior executives and outside counsel, typically under circumstances requiring disclosure to relevant regulatory and law enforcement authorities. In addition to conducting and documenting high profile international money laundering, financial fraud, asset search and due diligence investigations, she also assists clients in designing and implementing enhanced internal controls and compliance policies and procedures. Peggy has conducted investigations in Latin America, Asia, Europe and throughout North America.
Ms. Daley recently led the investigation into whistleblower allegations of inaccurate reporting of LSAT and GPA data to credentialing entities by the University of Illinois School of Law. Other recent engagements include leading the technology team supporting the Examiner in the Lehman Brother’s bankruptcy and leading multiple computer forensic investigations relating to the theft of trade secrets. She also conducted investigations on behalf of Special Committees of medical device and pharmaceutical companies into the backdating of stock options. She also recently oversaw a Transaction Review on behalf of a global private bank subject to a Cease and Desist Order relating to anti-money laundering reporting and compliance failures. Prior to joining Duff & Phelps, Peggy was a corporate defense attorney at prominent national law firms and also served as a General Counsel at a global security and litigation consulting firm.
Peggy is a nationally recognized expert in conducting investigations and is often published and quoted in the national press in articles relating to the conduct of internal investigations and corporate compliance. She has extensive experience in speaking to national and local bar and trade associations on investigative and compliance issues, including the American Bar Association Litigation and Criminal Justice Section meetings, the AICPA fraud conference and the American Bankruptcy Institute.
Litigation and Investigations Experience
- Led the technology team supporting Anton Valukas, the Examiner in the Lehman Brothers bankruptcy. Oversaw the team that identified and extracted over 7 terabytes of financial, accounting and trading data from over 2600 data systems.
- Managed the investigation of a fraud alleged by a bankruptcy trustee of a sub-prim e mortgage originator against multiple investment banks. Led the team examining internal emails and documents for evidence of alleged financial statement fraud to determine if the mortgage originator was a legitimate enterprise or a modern day Ponzi scheme, as alleged by the bankruptcy Trustee.
- Led a money laundering investigation on behalf of a global private bank pursuant to a deferred prosecution agreement with the Department of Justice. The investigation involved a detailed analysis of high-risk international banking accounts to determine if potentially suspicious activity had occurred requiring reporting. Oversaw the due diligence investigations on over 1,300 account holders and provided sophisticated flow of funds analyses that traced suspicious account activity in and out of the account holder’s accounts.
- Engaged by the Special Committee of the Board of Directors of a pharmaceutical and a medical device company to conduct investigation into potential stock backdating. Oversaw the collection of all relevant data and the review of hundreds of thousands of e-mails and assisted in the preparation of investigative reports provided to the SEC and outside auditors.
- Engaged by a global entertainment company to conduct a due diligence investigation of a Middle Eastern entertainment company to determine if its key executives were involved in money laundering or had ties to terrorist organizations.
- Engaged by numerous Fortune 500 companies involved in securities and product liability class actions to conduct background investigations of key experts and fact witnesses.
- Engaged by a Fortune 100 company to review its record retention and litigation hold policies and practices and to develop internal systems to properly address large scale electronic discovery.
- Engaged by a major distributor of consumables to investigate whether outside intruders had manipulated its computer systems and engaged in payroll fraud.
- Engaged on behalf of the audit committee of the board of a major wholesaler of office supplies and equipment to lead the computer forensics team assisting in an accounting investigation of a Canadian division’s accounting treatment of customer receivables as well as allegations of intentional misconduct.
- On behalf of the management team of a medical device manufacturer, led the internal investigation into an alleged fraudulent vendor scheme.
- Engaged on behalf of the management team of a major not-for-profit healthcare organization to analyze payments to an affiliate-owned provider of oncology-related services in order to effectively address and resolve potential Stark Law and anti-kickback implications.
- Managed the investigation of a market manipulation scheme that caused a $500 million loss in stock capitalization of a Fortune 100 company. Investigation revealed the identities of anonymous email posters on financial web sites and tied a securities analyst to unfounded rumors relating to the client’s accounting practices
- Engaged by a major consumer products company to conduct a nationwide investigation of potential gray market product distribution. The investigation confirmed the sale of the product and served as the basis for a suit seeking in excess of $100 million in damages. Provided testimony relating to the investigation.
- Engaged by owner of satellite technology patents to investigate potential infringement of newly issued patents by various competitors.
- Engaged by nutritional supplement company involved in high profile product liability class actions to implement electronic and hard copy document retention program and serve as monitor for purpose of compliance with preservation orders.
- Engaged by a bankruptcy Trustee to assist in the restoration of hard drives and network servers wiped clean immediately prior to the seizure of debtor corporation’s assets.
- Engaged on behalf of Trust owning major technology patents to investigate claims by inventor’s employer during the 1950’s that inventor had assigned patent rights to former employer.
- Engaged by electronics manufacturer to track down sender of anonymous emails requesting payment in exchange for identification of counterfeiting operations in Asia. Investigation identified the blackmailer as the plant manager of former licensee and located counterfeiting operations.
- Deposition testimony as lead investigator in trade name dispute between Alliant Energy and Alliant Communications.
- Deposition testimony as lead investigator in action brought by RJR Reynolds Tobacco Company against various distributors alleging trademark infringement, unfair competition, trademark dilution and unlawful importation.
- Deposition testimony as lead investigator retained by the American Medical Association to investigate potentially fraudulent real estate deal.
Articles and Papers
Speeches and Conferences
- “Computer Forensics,” chapter in Commercial Fraud Manual, American Bankruptcy Institute, 2010.
- “They Can Sue You: Navigating the Foreign e-Discovery Mine Field,” Corporate Counsel, April 2010 (quoted).
- Laptop Discovery: Investigating Cases from Your Office Computer,” The Environmental Litigator, Spring 2010.
- “Weathering the Storm: Timely, Complete and Cost Effective Discovery,” Duff & Phelps White Paper, January 2009.
- “Fact Finding in the Digital Age,” chapter in Product Liability Litigation: Current Law, Strategies and Best Practices, 2009
- “Avoiding the Disclosure of Intermingled Data,” 22nd Annual National Institute on White Collar Crime, 2008
- “Duff & Phelps: Integrating E-Discovery and Investigations Expertise,” Metropolitan Corporate Counsel, August 2008.
- “Lawyers Trade in Practice for Full-Time Detective Work: Growing Market for Corporate Investigations,” Chicago Lawyer, August 2005 (quoted).
- Knock, Knock. It’s the Government. Turn Over Your Files: How Corporate Counsel Should Respond.” CBA News, November 2004 (quoted).
- “Tracking Assets in Financial Fraud and Bankruptcy Investigations: The Business Intelligence Guide for Asserting Creditors’ Rights,” Pinkerton White Paper, 2001 (co-author).
- “Call it intelligence or spying, it’s here to stay,” Reuters, September 2, 2001 (quoted).
- “Protocols for Investigating Y2K Failures: A New Dynamic in Investigating and Resolving Technology Disputes,” Mealey’s Cyber Tech and Y2K Reporter, September 1999 (co-authored).
- “Limiting Discovery, Not the Facts: Using Investigators in Arbitrations and Mediations,” Metropolitan Corporate Counsel, August 1999 (authored).
- “Rules of Engagement” Issues in International Electronic Discovery”, American Bar Association International Section Spring Meeting, New York, April 2010
- “An Introduction to the New ABI Commercial Fraud Manual and Application to a Recent Case Study”, American Bankruptcy Institute Spring Meeting, Washington DC, April 2010
- “SEC Enforcement Trends” Duff & Phelps Roundtable, February 2010
- “Effectively Using Computer Forensics in Fraud and Damages Cases” AICPA National Forensic Accounting Conference, Orlando, September 2009
- ”Avoiding Sanctions: Duties of In-House and Outside Counsel to Preserve Data and Protect Privilege”, Law Bulletin Electronic Discovery Conference, Chicago, June,2009
- “Corporate Response to Public Corruption”, Law Bulletin White Collar Crime Conference, Chicago, January,2009
- “I’m a sitting governor, Get me out of here: the Impeachment of Rod Blagojevich” ABA Annual Meeting, Chicago, 2009
- “Electronic Discovery: Subpoenas versus Search Warrants,” ABA White Collar Institute, Miami, February 2008
- “Researching Companies For Due Diligence and Background Information” National Business Institute Chicago, November 2008
- “Electronic Discovery for Financial Institutions” PLI National Webinar, November 2008
- “Uh-oh! We’d Better Look into That! – A Step-by-Step Guide to Workplace Investigations,” Navigant Consulting Legal Roundtable, Chicago, May 2006
- “Electronic Document Retention Policies and Practices,” Bryce Downey Intellectual Property Annual Meeting, Chicago, October 2005
- “Internal Investigations: Finding and Reporting the Facts Under the New Guidelines,” Chicago Bar Association Corporate Counsel Committee Meeting, Chicago, September 2005
- “Background Checks: Keeping Murderers, Thieves and Miscreants from Our Midst,” American Bar Association Labor & Employment Committee Annual Meeting, Key Biscayne, March 2005
- “Trade Secret Theft & Investigating: A Winning Strategy,” IIT – Kent College of Law, Chicago, March 2005
- “Patent Infringement: Investigating a Winning Strategy,” Wisconsin Intellectual Property Law Group, Milwaukee, November 2004
- “What to Do When the Government Comes Knocking: Responding to Government Investigations,” Chicago Bar Association Corporate Counsel Committee Meeting, Chicago, October 2004
- “Tracking Assets in Financial Fraud and Bankruptcy Investigations,” Annual Meeting of Bankruptcy Trustees of the Seventh Circuit Chicago, April 2004
- “Non-Competition Agreements and Trade Secret Investigations,” National Business Institute Conference Chicago, February 2004
- Speeches (continued)
- “My Voice is My Passport; Verify Me- Security in the Digital Age ,” Wisconsin Chamber of Commerce, Security and Safety Conference Oshkosh, September, 2003
- “Investigative Issues ,” LexisNexis Advanced Trademark Strategies Conference- Chicago, April 2003
- “Workplace Violence,” National Manufacturers Association Annual Meeting Chicago, March 2003
- “Non-Competition Agreements and Trade Secret Investigations,” National Business Institute Conference Chicago, January 2004
- “Show me the Money! Uncovering Assets of Deadbeat Litigants, Business Partners and Fraudsters,” Jenner & Block Bankruptcy Seminar, Chicago, January 2003
- “Food Security: The New Reality,” Midwest Food Processors Annual Meeting Eau Claire, December 2002
- “Terrorism and the Courts,” Illinois Judges Association Annual Meeting Chicago, December 2002
- “A Technological Response to Trade Secret Enforcement: Or, How to Catch a Thief in the Age of Cool Tools,” Wisconsin Chamber of Commerce, Security and Safety Conference Oconomowoc, September 2002
- Information Systems Security Association Chapter Meeting Chicago, December 2002
- “Trademark Clearance and Investigation,” LexisNexis Advanced Trademark Strategies Conference- Chicago, April 2002
- “Workforce Reductions: Keeping People, Networks and Intellectual Property Safe,” Arter & Haddon Sponsored Client Seminar, Cleveland, March 2002
- “Cyber terrorism and Corporate Espionage and the Implications to the Linux User base,” Linux World Annual Meeting, New York, January 2002
- Speeches (continued)
- “Conducting Computer Forensic Investigations: Techniques for the Effective Use of Electronic and Digital Discovery,” Chicago Bar Association, Class Action Committee Meeting Chicago, November 2001
- “Using the World Wide Web in Your Product Liability Practice,” American Bar Association Section of Litigation Product Liability Committee Meeting Las Vegas, February 2000
- “Cost-Effective Litigation Management: Electronic Discovery,” Fulcrum Class Action Litigation Summit , Washington, DC, January 2000
Education & Certifications:
- Juris Doctor, Boston University School of Law, 1987, cum laude
- Bachelor of Political Science, University of Michigan, 1984
- Certified Anti-Money Laundering Specialist
- Certified Fraud Examiner
Professional Associations & Affiliations:
- Admitted to Illinois Bar, November 5, 1987, License No. 6196186
- Illinois Class A Private Detective, License No: 115—001845
- Better Government Association, Board of Directors
- Illinois Equal Justice Foundation, Board of Directors
- Co-Chair, Midwest Region of the White Collar Committee of the American Bar Association Criminal Justice Section