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Peter S. Spivack
Partner, Washington, D.C.
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peter.spivack@hoganlovells.com

Peter Spivack is one of the most experienced members of the Investigations, White Collar and Fraud practice area and served as the global co-leader of the practice for six years. His experience in the criminal arena includes antitrust, environmental, Foreign Corrupt Practices Act (FCPA), government contract, and healthcare matters. Peter has worked with numerous companies and organizations in defending grand jury investigations, as well as conducting compliance audits and internal investigations and monitoring and improving compliance programs. In addition, Peter has handled a wide array of civil matters, including False Claims Act and international trade litigation.

Peter has extensive experience in working with multi-jurisdictional investigations, including matters involving allegations of bribery and corruption under the FCPA, the UK Bribery Act, and other anti-bribery laws. He has represented companies and individuals in investigations brought by multilateral institutions such as the World Bank and Inter-American Development Bank. Peter also has considerable experience in representing entities and individuals in criminal and civil enforcement matters involving healthcare, government contracts, competition, and antitrust issues.

From 1988 to 1989, Peter clerked for The Honorable William D. Keller of the U.S. District Court for the Central District of California. The following year, he clerked for The Honorable Arthur Alarcon of the U.S. Court of Appeals for the Ninth Circuit. From October 1990 through March 1997, Peter was a federal prosecutor focusing on the investigation and prosecution of complex white collar criminal matters involving corporations and individuals. Most of his investigations involved parallel enforcement actions by federal and state agencies, including the U.S. Securities and Exchange Commission, as well as parallel federal and state civil litigation. In November 1994, Peter received an award from the U.S. Attorney General for superior performance as an Assistant U.S. Attorney.

Peter writes and speaks frequently on federal criminal issues. He has played an active role in the bar, serving as a past Co-chair of the Health Care Fraud Subcommittee and of the D.C. Region for the ABA White Collar Crime Committee and as a past Co-chair of the Criminal Law and Individual Rights Committee for the D.C. Bar.

REPRESENTATIVE EXPERIENCE
Foreign Corrupt Practices Act and Anticorruption
  • Counsel to the world's leading business information company in an FCPA investigation in China.
  • Counsel to a major developer of retail centers in an FCPA investigation in Mexico.
  • Counsel to a concert and exhibition promotion company in an FCPA investigation in Egypt.
  • Counsel to a pharmaceutical manufacturer in internal investigations in Mexico and Saudi Arabia.
  • Counsel to the Argentinean affiliate of a Big Four accounting firm in a conflict of interest investigation by the Inter-American Development Bank.
  • Counsel to a former consultant to the World Bank in a conflict of interest investigation by the World Bank's Department of Institutional Integrity.
  • Counsel to a publicly traded consumer products company in an FCPA investigation in Greece.
  • Counsel to a publicly traded orthopedic implant manufacturer in an FCPA investigation in Mexico.
  • Counsel to a for-profit university in an FCPA investigation regarding payments in Jordan, Bahrain, and Abu Dhabi.
  • Counsel to a publicly traded consulting firm in an FCPA investigation in Turkey.
  • Counsel to numerous executives in FCPA investigations.
  • Counsel to a pharmaceutical manufacturer in an FCPA compliance review.
  • Counsel to an orphan drug manufacturer in an FCPA compliance review.
  • Counsel to a medical device manufacturer in an FCPA internal investigation in China.
  • Counsel to a medical device manufacturer in an FCPA investigation regarding payments in Iraq and Abu Dhabi.

Healthcare
  • Counsel for one of the world's largest orthopedic device manufacturers in a criminal investigation involving allegations of off-label marketing under the Food, Drug & Cosmetic Act.
  • Counsel for a Fortune 500 medical device manufacturer in a criminal investigation involving compliance with the Medical Device Reporting requirements under the Food, Drug & Cosmetic Act.
  • Counsel for a spinal implant company in a criminal off-label and False Claims Act investigation.
  • Counsel for a laser ablation device manufacturer in a criminal investigation involving allegations of off-label marketing and clinical trial fraud.
  • Counsel to one of the world's leading biotechnology companies in the first criminal prosecution involving off-label marketing.
  • Counsel to a major pharmaceutical manufacturer in federal, state, congressional, and administrative investigations of federal and state reimbursement.

Government Contracts
  • Counsel to a helicopter manufacturer in a criminal trade secrets theft and bid-rigging investigation.
  • Counsel to an aerospace contractor in a criminal trade secrets theft investigation.
  • Counsel to a manufacturer of pre-fabricated embassy buildings in a criminal investigation and State Department debarment proceeding.
  • Counsel to an environmental remediation contractor to the U.S. Army Corps of Engineers in a criminal bid-rigging investigation and USEPA debarment proceeding.
  • Counsel to a medical device manufacturer in a DLA debarment proceeding.
  • Counsel to numerous executives and employees of a ballistic fabric manufacturer in a civil fraud investigation.

Antitrust and Competition
  • Counsel to numerous executives in criminal price-fixing investigations in the transportation, automotive, electronics, and other industries.
  • Counsel for a major healthcare insurer in a criminal price-fixing investigation.
  • Counsel for an incumbent local exchange carrier in a multi-state civil enforcement action under the federal Telecommunications Act of 1996.
  • Counsel for a competitive local exchange carrier in a civil lawsuit against a municipality for unfair competition.
  • Counsel to a marine products manufacturer in a criminal price-fixing investigation.
  • Counsel to a ready-mix cement manufacturer in a criminal price-fixing and market allocation investigation.


Hogan Lovells Publications
09 July 2014 "What Are the Implications of In Re Kellogg Brown & Root, Inc on Privilege Concerns in an Internal Investigation?" Investigations, White Collar and Fraud Alert, Hogan Lovells

30 May 2014 "Federal Appeals Court Upholds Enforcement Agencies' Broad Interpretation of Government "Instrumentality" Under FCPA." SEC Update, Hogan Lovells

20 May 2014 "The Eleventh Circuit Provides Long Sought-After Clarification of the Foreign Corrupt Practices Act." FCPA Alert, Hogan Lovells

26 March 2014 "Creation of a New Anti-Corruption Prosecutor's Office." Investigations, White Collar and Fraud Alert, Hogan Lovells

11 March 2014 "Does the Attorney-Client Privilege Survive in the Corporate Compliance Investigation: A Recent Decision in United States ex rel. Barko v. Halliburton Company et al.." Investigations, White Collar and Fraud Alert, Hogan Lovells

January 2014 "Global Bribery and Corruption Review 2013.", Hogan Lovells

27 August 2013 "New Opinion Endorses FIRREA Case Against Bank of America and Countrywide." False Claims Act Alert, Hogan Lovells

24 January 2013 "Global Bribery and Corruption Review 2012.", Hogan Lovells

15 November 2012 "Top seven things you need to know about the new DOJ/SEC FCPA Guide." Investigations, White Collar, and Fraud Alert, Hogan Lovells

31 January 2012 "Hogan Lovells Global Bribery and Corruption Review 2011.", Hogan Lovells

25 March 2011 "Advice of counsel defense in US v. Lauren Stevens: dismissal of indictment is not necessarily good news for companies." White Collar and Investigations Alert, Hogan Lovells

21 December 2010 "Sobering developments on federal healthcare program exclusion." Health Alert, Hogan Lovells

20 December 2010 "Order enforcing criminal subpoenas for foreign-originating evidence possessed by U.S. counsel may have far-reaching implications.", Hogan Lovells

21 October 2010 "Pursuing healthcare industry executives and managers: HHS claims broad authority." Health Alert, Hogan Lovells

June 2010 "False Claims Act Settlement Calls into Question Some Medical Product Rebate Practices." Health Alert, Hogan Lovells

21 June 2010 "Global Update on Bribery and Corruption." Government Contracts Alert, Hogan Lovells

17 November 2008 "Final Federal Acquisition Rule Will Impose Mandatory Disclosure Regime and Significantly Heighten Compliance Obligations." Government Contracts Update, Hogan & Hartson LLP

07 May 2010 "New Amendments to Sentencing Guidelines May Help Reduce Sanctions for Corporate Wrongdoing." SEC Update, Hogan Lovells

04 May 2010 "The United States Sentencing Commission Proposes New Amendments to the Organizational Guidelines." Litigation Alert, Hogan Lovells

26 March 2010 "Transparency Requirements, Health Care Fraud and Abuse Law Changes, and Program Integrity Provisions Enacted as Part of Health Reform Legislation." White Collar and Investigations Update, Hogan & Hartson LLP

17 March 2010 "OIG Predicts Increased Scrutiny and Actions Against Individuals for Wrongdoing." Health Update, Hogan & Hartson LLP

05 December 2008 "U.S. Antitrust Division Revises Language of Conditional Leniency Letters, Issues Comprehensive Written Explanation of Amnesty Program Policies." Antitrust Update, Hogan & Hartson LLP

20 November 2007 "Newly Proposed Regulations Aim to Significantly Expand Compliance and Reporting Requirements Applicable to Organizations That Conduct Business With the Federal Government." Government Contracts and Grants Update, Hogan & Hartson LLP

29 December 2005 "DOJ Settles Two Major Off-Label Cases: Recent Settlements Highlight Array of DOJ Enforcement Inquiries." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

16 December 2005 "DOJ Environmental Crimes Enforcement Secures Multi-million Dollar Fines and Sets Sights on New Prosecutorial Initiatives." Environmental Update, Hogan & Hartson LLP

06 December 2005 "Dual Developments in Cartel Enforcement." Antitrust Update, Hogan & Hartson LLP

11 May 2005 "Sentencing Commission Increases Antitrust Penalties." Antitrust Update, Hogan & Hartson LLP

15 February 2005 "The Supreme Court Declares the Sentencing Guidelines Advisory and Opens the Door to More Negotiation of Corporate Sentences." Corporate Governance Update, Hogan & Hartson LLP

30 April 2004 "Amendments to Sentencing Guidelines Highlight Need to Update Compliance Programs." Compliance Update, Hogan & Hartson LLP

Published Works
01 April 2013 "Foreign Corrupt Practices Act Hits its Stride.", Financial Executive

January/February 2013 "Top Seven Things You Need to Know About The New DOJ/SEC FCPA Guide." Corporate Governance, Walters Kluwer Law & Business

27 January 2011 "Antitrust case leads to order enforcing criminal subpoenas." International Law Office (ILO) Competition Newsletter, Globe Business Publishing Ltd.

01 December 2010 "Enforcement Focus on Individuals: The HHS OIG’s Multifaceted Assault." Health Care Fraud Report, Bureau of National Affairs, Inc.

12 November 2010 "Risky Business: The Pursuit Of Healthcare Industry Executives And Managers." Health Lawyers Weekly, Vol. VIII, Issue 44, American Health Lawyers Association

28 October 2010 "Targeting Health Care Execs And Managers." Law360, Portfolio Media, Inc.

December 2008 "New FAR Rule Imposes Mandatory Disclosure Regime, Heightens Compliance Obligations for Universities, Research." Medical Research Law & Policy Report, BNA, Inc.

05 June 2008 "Off-Label Promotion Under Scrutiny by DOJ." Genetic Engineering & Biotechnology News

Spring 2008 "Regulating the 'New Regulators': Current Trends in Deferred Prosecution Agreements." American Criminal Law Review, Vol. 45, Featured Essay, 2008 Annual Survey of White Collar Crime, Georgetown University Law Center

03 December 2007 "U.S. Contracts in Iraq: Increased Government Oversight and Investigations of Fraud." Government Contract Litigation Reporter, Thomson/West

01 September 2006 "What You Don't Know Can Hurt You: Government E-discovery in Criminal Investigations." 3rd Annual Advanced E-Discovery Institute: A Practical Guide to Implementation of the New Federal Rules, GeorgetownCLE: Institute, Georgetown University Law Center

01 June 2006 "DOJ Teaches a Lesson in Healthcare Marketing." Inside Litigation

20 March 2006 "Crackdown on 'Off-label' Pitches." The National Law Journal

24 February 2006 "DOJ Settles Two Major Off-Label Cases: Recent Settlements Highlight Array of DOJ Enforcement Inquiries." Health Lawyers Weekly, AHLA

01 September 2005 "An Ounce of Retention is Worth a Pound of Cure: Subpoena Compliance in the New Age." National Association of Criminal Defense Lawyers CLE program: Defending the White Collar Case, Georgetown University Law Center

01 March 2003 "The Onset of a Government Investigation: Is Your Company Prepared to Respond?" Hogan & Hartson L.L.P. Litigation Manual For In-House Counsel, Hogan & Hartson LLP

01 September 2002 "The Sentencing of Organizations, Chapter 15." Federal Sentencing for Business Crimes, Volume 2., Matthew Bender

12 July 2002 "Protecting Your Flank: Resolving Parallel Proceeding When Your Client Faces an Environmental Crimes Investigation." The Environmental Counselor

02 January 2000 "Understanding the Anti-Kickback Statute." Orthopedics Today

01 May 1999 "Finding a Safe Harbor: Anti-Kickback Implications of Medical Device Consulting Agreements." Medical Device & Diagnostic Industry

RELATED EVENTS
21 October 2014
The Global Antitrust Corner – Cartels and Investigations

PRACTICES
Litigation and Arbitration
Corporate Governance
Investigations, White Collar and Fraud
Electronic Discovery and Information Risk Management
Life Sciences Enforcement
Bribery, Corruption and Foreign Corrupt Practices Act Investigations
Congressional Oversight and Investigations
Securities Litigation and Enforcement
Antitrust, Competition and Economic Regulation
INDUSTRY SECTORS
Aerospace, Defense, and Government Services
AREAS OF FOCUS
  • Criminal Defense
  • Internal Investigations and Corporate Compliance
  • Governmental Enforcement Actions
  • Regulatory Litigation
EDUCATION
J.D., Order of the Coif, University of California, Los Angeles School of Law, 1988 B.A., Stanford University, 1984
MEMBERSHIPS
  • Co-chair, White Collar Crime Committee, Health Care Fraud Subcommittee for the American Bar Association, 2008-2013
  • Co-chair, White Collar Crime Committee, D.C. Region for the American Bar Association, 2005-2008
  • Steering Committee, D.C. Bar Committee on Criminal Law and Individual Rights, 2002-2005
  • Member, Criminal Justice Act Criminal Appeals Panel, District of Columbia Circuit Court of Appeals
  • Member, America Bar Association
  • Member, White Collar Crime Subcommittee, American Bar Association
AWARDS / RANKINGS
  • Legal 500 US, White-Collar Criminal Defense, 2011-2013
  • Chambers USA, Litigation: White Collar and Government Investigations, 2010-2013
  • Washington, D.C. Super Lawyers, 2007-2013 
  • Best Lawyers in America, Criminal Defense: White Collar, 2011-2013
  • PLC Life Sciences Cross-border Handbook, Government Investigations, 2006-2013
BAR ADMISSIONS / QUALIFICATIONS California District of Columbia
COURT ADMISSIONS Court of International Trade U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Ninth Circuit U.S. District Court, Central District of California U.S. District Court, District of Colorado