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Jennifer G. Newstead
Partner

Ms. Newstead is a partner in Davis Polk’s Litigation Department. She has a global practice representing leading international corporations, financial institutions and Boards of Directors in white collar criminal defense, regulatory and securities enforcement matters, internal investigations and related civil litigation. She advises clients in high-profile, cross-border investigations involving alleged violations of the Foreign Corrupt Practices Act, U.S. economic sanctions and anti-money laundering laws, securities and accounting laws, and other financial regulations. She represents clients before regulatory and law enforcement agencies including the U.S. Department of Justice, the SEC, the Federal Reserve Board, Treasury/OFAC, the NY Department of Financial Services, and other authorities. She has conducted investigations related to business in numerous countries in Asia, the Middle East, Central and Eastern Europe, Latin and South America. Ms. Newstead frequently advises clients on the design and implementation of global compliance programs to mitigate risk.

Ms. Newstead joined Davis Polk after a U.S. Supreme Court clerkship. She left the firm in 2001 to serve as Principal Deputy Assistant Attorney General in the Office of Legal Policy at the U.S. Department of Justice, where she received the Attorney General’s Award for Exceptional Service. She served as an Associate White House Counsel from 2002 to 2003 and as General Counsel of the White House Office of Management and Budget from 2003 to 2005. She rejoined the firm in 2005.

Work Highlights

  • A global technology services company in connection with an anti-corruption investigation by the Department of Justice in numerous countries
  • A global pharmaceutical company in connection with an anti-corruption investigation involving sales practices in China and Russia; the DOJ declined to bring charges and the SEC resolved its investigation with a civil settlement and administrative order
  • A global financial institution in connection with investigations by U.S. and foreign regulators into potential violations of U.S. sanctions laws, anti-money laundering and Bank Secrecy Act laws and regulations, and related internal investigations
  • A Special Committee of the Board of Directors of a global life sciences company in a whistleblower investigation of alleged FCPA violations in China and other jurisdictions

  • The Audit Committee of a global hospitality company in an internal investigation of FCPA and financial accounting issues in Mexico and other markets
  • A global securities custody and settlement system in connection with an OFAC sanctions issues, which was resolved through civil settlement; an ongoing DOJ investigation, and parallel civil litigation
  • The Audit Committee of a global hospitality company in connection with anti-corruption investigations in multiple countries, and related compliance program design and implementation advice
  • A major global consumer products company, with sales in over 200 countries around the world, in connection with an FCPA inquiries by the SEC, in which the SEC dropped the matter without pursuing any fines or charges

  • A global commercial bank in an investigation by DOJ, the Manhattan District Attorney, the Federal Reserve Bank and the Treasury Department relating to alleged violations of OFAC sanctions and anti-money laundering rules resulting in a public declination to pursue criminal charges and a civil OFAC settlement
  • A global commercial bank in an investigation by the NY Department of Financial Services into compliance with anti-money laundering and Bank Secrecy Act laws and regulations
  • A global financial institution in connection with regulatory and internal investigations of retail sales practices

  • A special committee of the board of directors of a consumer corporation in connection with a confidential investigation of the former CEO

  • The audit committee of the board of directors of an energy company in connection with a confidential investigation of a senior officer

  • The audit committee of a health care corporation in connection with a review of compliance with Sarbanes-Oxley and NYSE corporate governance standards

  • A global financial institution in connection with civil litigation arising out of the default by Argentina on debt obligations and related claims

  • A financial institution in connection with a review of broker-dealer compliance practices relating to alleged mis-selling of financial products

  • A former senior executive of a global corporation in FCPA investigations by the DOJ and the U.K. Serious Frauds Office

  • A consumer products company with respect to FCPA anti-contraband and anti-money laundering programs and investigations

  • A Special Litigation Committee of the Board of Directors of a leading insurance and financial services firm in an internal investigation in response to a shareholder derivative complaint

  • The audit committee of the board of directors of an energy company in connection with an SEC investigation of reserves accounting

  • A global health care company in connection with civil and criminal antitrust investigations of alleged price-fixing

Recognition

Ms. Newstead is consistently recognized for her work in the legal industry, including:

  • Global Investigations Review – “Women in Investigations,” 2015
  • Ethisphere – “Attorneys Who Matter,” 2013 and 2015
  • Benchmark Litigation – “Star”: National and New York; “Top 250 Women in Litigation”
  • Attorney General’s “Award for Exceptional Service,” 2002, DOJ’s highest honor

Of Note

  • Adjunct Professor of Law, Georgetown University Law Center, 2002
  • Young Leader of the French-American Foundation, 2008-2009
Recent Memberships
  • Member, American Bar Association
  • Member, New York City Bar Association
  • Member and former Secretary, Judiciary Committee of the New York City Bar Association, 2007-2012
  • Term Member, Council on Foreign Relations, 2002-2007
  • Executive Branch liaison, Section on Administrative Law and Regulatory Practice, American Bar Association, 2004-2005
  • Executive Committee Member and Treasurer, Yale Law School Alumni Association, 2001-2005

Professional History

  • Partner, Davis Polk, 2006-present
  • General Counsel, White House Office of Management and Budget, 2003-2005
  • Associate White House Counsel, 2002-2003
  • Principal Deputy Assistant Attorney General, Office of Legal Policy, U.S. Department of Justice, 2001-2002
  • Associate, Davis Polk, 1997-2001
  • Law Clerk, Hon. Stephen G. Breyer, U.S. Supreme Court, 1995-1996
  • Law Clerk, Hon. Laurence H. Silberman, U.S. Court of Appeals, D.C. Circuit, 1994-1995