FacultyFaculty/Author Profile
David W. Simon

David W. Simon

Foley & Lardner LLP

Milwaukee, WI, USA


David W. Simon is a litigation attorney who devotes much of his practice to helping corporate clients avoid and manage crises that potentially give rise to government enforcement actions.

The Foreign Corrupt Practices Act (FCPA) is a principal focus for Mr. Simon. A frequent author and speaker on the FCPA and anti-corruption issues, he has been recognized for his extensive experience in the field. Mr. Simon counsels clients on FCPA issues that arise in their operations, assists clients in the development and implementation of anti-corruption compliance programs, advises clients on third-party anti-corruption due diligence, conducts internal investigations into FCPA and other anti-corruption issues, and defends corporate clients in government enforcement actions that arise from potential FCPA violations.

Significant Recent Representative Matters

  • Conducting an internal investigation into potential FCPA violations arising out of improper payments to consultants by a manufacturing client’s India subsidiary and providing anti-corruption compliance advice;
  • Serving as lead appellate FCPA counsel for Carlos Rodriguez in the case U.S. v. Esquinazi, Case No. 11-15331, the first federal appeals court case to address the meaning of the FCPA’s “foreign official” element;
  • Conducting an internal investigation into and coordinating the voluntary disclosure of potential FCPA violations arising out of gift and entertainment expenditures of an agricultural industry client’s China subsidiary;
  • Conducting an internal investigation into potential FCPA violations arising out of the business practices of a manufacturing client’s agent in Indonesia;
  • Participating in a global anti-corruption compliance review for a multi-national oil and gas company;
  • Representing a manufacturing client in connection with FCPA issues arising out of a former subsidiary’s business practices in China, including conducting an internal investigation, coordinating a voluntary disclosure to the SEC and DOJ, and negotiating a resolution with the enforcement authorities

Recognition

Mr. Simon has been Peer Review Rated as AV® Preeminent™, the highest performance rating by Martindale-Hubbell and was selected for inclusion in the current edition of The Best Lawyers in America® for criminal defense: white-collar law.

Affiliations

Mr. Simon currently serves as a member of the board of directors for the Federal Defender Service of Wisconsin and as a member of the City of Delafield Plan Commission.

Education

Mr. Simon graduated with honors from the University of Wisconsin – Madison (B.A., 1989), and from the University of California – Berkeley, Boalt Hall School of Law (J.D., 1994), where he was elected to the Order of the Coif and was a member of the California Law Review. He joined the firm after a judicial clerkship with the Honorable Robert W. Warren, U.S. District Court for the Eastern District of Wisconsin.

Admissions

Mr. Simon is admitted to practice in both Wisconsin and the District of Columbia.

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