James W. Haldin
Mr. Haldin is counsel in Davis Polk’s Litigation Department. He represents financial institutions and other companies in complex investigations, enforcement matters and class action litigation. His primary focus is cross-border investigations involving potential corruption, fraud and other types of corporate misconduct.
Mr. Haldin has significant experience representing multinational companies and special committees in both internal and governmental investigations. He has led investigations in the United States, the United Kingdom, the Netherlands, Hong Kong, Iraq, Mexico and all of the BRIC countries. He has advised clients on investigations in numerous other jurisdictions. Mr. Haldin’s investigative experience also spans a wide range of industries, including healthcare diagnostics, industrial manufacturing, investment banking, medical devices, oil and gas, pharmaceuticals, real estate, retail manufacturing, telecommunications and technology.
Mr. Haldin regularly represents corporate clients before regulators and enforcement authorities, including the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), in connection with alleged violations of the Foreign Corrupt Practices Act (FCPA) and other federal laws and regulations. He represented Siemens AG and Telia Company AB in the then-largest FCPA resolutions in 2008 and 2017, respectively. He is also a frequent commentator on developments and trends in global anti-corruption enforcement.
In addition, Mr. Haldin routinely advises companies on a broad range of corporate compliance and risk management issues. He has assisted clients in various industries with the design, enhancement or remediation of their compliance programs, the training of directors and C-suite executives and the testing of existing internal controls. He also advises clients on contractual safeguards and other forms of risk mitigation in connection with acquisitions, joint ventures, investments and third-party engagements. Mr. Haldin has significant experience presenting the key elements of clients’ corporate compliance and risk management programs to enforcement authorities and regulators, including the DOJ, the SEC, the Federal Reserve and the Office of the Comptroller of the Currency (OCC).
Mr. Haldin’s investigation and enforcement matter representations include:
- A global oil and gas company in connection with a corruption-related investigation in western Asia
- A global pharmaceutical company in connection with a corruption-related investigation by the DOJ in Iraq
- A special committee of a global retail manufacturer’s board of directors in connection with a corruption-related investigation in Russia
- A leading financial institution in connection with the reporting of remedial efforts to the Federal Reserve, the OCC and the Consumer Finance Protection Bureau under various consent orders
- An asset management company in connection with its review of anti-money laundering controls related to a Bahamian investment
- Telia Company AB and its subsidiary in connection with the precedent-setting, global resolution of FCPA investigations by the DOJ and SEC and related investigations by the Dutch Public Prosecutor’s Office and Swedish authorities related to conduct in Uzbekistan
- A leading supply chain software company in connection with a False Claims Act investigation by the DOJ
- A global financial institution in connection with an FCPA investigation by the SEC and other regulatory inquiries into hiring practices in China and other jurisdictions across Asia resulting in no enforcement action by the SEC
- A chairman of a publicly-held telecommunications company in connection with a corruption-related investigation by the DOJ in Guatemala
- IBM Corp. in connection with multi-year, wide-ranging FCPA investigations by the DOJ and the SEC resulting in a DOJ declination and no enforcement action by the SEC
- A global pharmaceutical company in connection with an investigation of whistleblower allegations involving corruption in India and related inquiries by the DOJ and the UK Serious Fraud Office
- An international real estate investment company in connection with a corruption-related investigation in Brazil
- AstraZeneca PLC in connection with multi-year, wide-ranging FCPA investigations by the DOJ and the SEC resulting in a DOJ declination and an industry-leading SEC resolution
- A special committee of a global medical device company’s board of directors in connection with an investigation of whistleblower allegations involving corruption and misappropriation in China
- A global auto parts manufacturer in connection with a multi-jurisdictional due diligence review of potential corruption issues in advance of divestiture
- A global healthcare diagnostics company in connection with corruption-related investigations in Brazil and Mexico
- Siemens AG and three of its subsidiaries in connection with the precedent-setting, global resolution of FCPA investigations by the DOJ and SEC and a related investigation by the Munich Public Prosecutor’s Office, as well as a sanctions proceeding before the World Ban
Mr. Haldin’s litigation representations include:
Comcast in an ongoing multidistrict litigation proceeding comprised of more than twenty federal antitrust class actions and a related parens patriae action filed by a state attorney general relating to the alleged tying of set-top boxes
Comcast in the successful defense and resolution of parallel federal antitrust class actions relating to the distribution of Major League Baseball and National Hockey League programming
PricewaterhouseCoopers in the successful defense of federal securities class actions and related governmental inquiries arising out of the Ponzi scheme perpetrated by Bernard Madoff
Fourteen financial institutions in the commutation of $16.4 billion of credit default swap and financial guarantee exposure to Ambac Assurance
Mr. Haldin also has represented criminal defendants on a pro bono basis in federal court at both the trial and appellate levels.
Mr. Haldin is a member of Davis Polk’s White Collar Criminal Defense Group, which was named a “White Collar Group of the Year” by Law360 for 2012 and 2013.
- Counsel, Davis Polk, 2013-present
- Associate, Davis Polk, 2007-2012
- Associate, Moore & Van Allen, 2000-2007
Articles and Books
Toward a Level Playing Field: Challenges to Accomplice Testimony in the Wake of United States v. Singleton