David W. Simon leads Foley’s Government Enforcement Defense & Investigations International Practice. His practice focuses on (1) conducting domestic and international internal investigations, (2) successfully defending companies and senior executives in enforcement actions and litigation with the government, and (3) delivering practical regulatory advice and building compliance programs to help avoid enforcement actions in the first place. David understands that corporate compliance problems are fundamentally business problems that require business-centric solutions.
David is adept at assembling and leading global teams of professionals to provide solutions to the potentially catastrophic threat presented by a government enforcement action. He has substantial experience dealing with U.S. regulators (including, particularly, the U.S. Department of Justice and the Securities and Exchange Commission) and he understands their expectations.
In the course of helping companies successfully manage crises outside of the U.S., David has conducted investigations all over the world and has built deep relationships with top-caliber business-oriented enforcement attorneys, forensic accountants, and other professionals in virtually all economically significant countries. In furtherance of his objective of building a global network to help solve his clients’ global problems, David has co-founded the Concilium Compliance, Investigations & Enforcement Defense Network, a formal alliance of business crimes and compliance lawyers around the world, which provides integrated investigations, defense, and compliance solutions to cross-border problems.
The Foreign Corrupt Practices Act (FCPA) and global anti-bribery and anti-corruption laws are a major focus of David’s defense, investigation, and counseling practice. He has handled dozens of FCPA investigations and enforcement defense actions for companies around the world and in a variety of industries. Examples of his experience include the following:
David is an FCPA/anti-bribery/anti-corruption authority who writes, speaks, and is quoted on hot topics in the field (and whose more informal perspectives are shared through his Twitter feed @davidsimon68). Recent thought leadership examples include:
To help his clients avoid compliance trouble in the first place, David provides practical, experienced-based advice and counsel and helps companies develop and implement effective corporate compliance programs. Companies choose David because his approach is to craft reasonable and pragmatic compliance solutions that can actually be implemented effectively, without undue disruption to the company’s operations and while respecting the practical realities of their business goals.
David also has extensive experience leading teams representing clients in international sanctions matters, in antitrust matters (particularly in the health care industry), and in defending False Claims Act and environmental law investigations and litigation. Recent engagements include the following:
When our business and personal lives were unexpectedly investigated by the DOJ, we sought out the best legal representation we could find. That search led us to retaining the legal services of Dave Simon. He was a calming and confident influence as he navigated us through countless obstacles, each time achieving results that exceeded our expectations. His legal skills cleared our names and gave us back a future we thought might be slipping away.
David has particularly deep experience leading investigations and enforcement actions arising out of India and advising companies and their India operations on compliance with applicable laws. Through this experience, David has developed a deep understanding of India and the risks posed to companies doing business there; he is adept at developing India-specific risk mitigation strategies and navigating cross-border enforcement actions and litigation.
Sherbir Panag, of the New Delhi-based Panag & Babu, describes David’s India experience as follows:
David Simon’s understanding of India goes beyond the surface, to a deeper appreciation of its business, culture, and legal system. This depth allows his advocacy and counsel to be more grounded in the practical realities of the Indian subcontinent. Over the past decade, David has helped our clients navigate complex regulatory and commercial disputes in the United States, earning the trust of our clients, who view him as their go-to U.S. counsel. I have also had the pleasure of acting as co-counsel to FCPA internal investigations that David has led in India, and on each occasion I have been impressed by his remarkable solution-oriented approaches as well as the respect he commands from law enforcement and clients alike.
David is a thought leader with respect to India-specific compliance issues. Recent highlights include:
David is admitted to practice in both the District of Columbia and Wisconsin. He resides in Wisconsin but maintains offices in both Milwaukee and Washington, DC.
David graduated with honors from the University of Wisconsin – Madison and from the University of California – Berkeley, Boalt Hall School of Law, 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. During his clerkship, David was selected by the American Inns of Court as one of two Pegasus Scholars. Through this program, he spent six weeks in London working in a barrister’s chambers and immersed in the English legal system.
David has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was selected for inclusion in the current edition of The Best Lawyers in America© for criminal defense: white-collar law. He was also recommended by The Legal 500 for his work in Dispute Resolution: Corporate Investigations and White-Collar Criminal Defense.
David currently serves as a member of the board of directors for the Federal Defender Service of Wisconsin.