David I. Sharfstein
Partner Litigation, Arbitration, and Employment
Washington, D.C.
Baltimore
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Overview
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Experience
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Credentials
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Articles
A former federal prosecutor with substantial trial and courtroom experience, David develops legal strategies to minimize business and reputational risk for corporate and individual clients, and he defends them in the event they are faced with high-stakes investigations, criminal and regulatory enforcement actions, and parallel civil litigation.
David has extensive experience in matters implicating a range of complicated laws and regulations, and he has handled matters involving sophisticated financial fraud and corruption schemes, environmental and tax crimes, cyber-security matters, and trade and sanctions matters. Across industry sectors (technology, telecommunications, financial services, defense, life sciences), he has guided clients through sensitive criminal and internal investigations spanning five continents. David routinely develops an engagement strategy with federal prosecutors, law enforcement, and regulators, and he has negotiated favorable resolutions for clients, including declinations, on matters involving the Foreign Corrupt Practices Act (FCPA), the Food, Drug, and Cosmetic Act (FDCA), and the False Claims Act (FCA), among others. David regularly advises clients on compliance matters, including both proactive guidance and as part of an advocacy strategy with the government.
Before joining Hogan Lovells, David served with distinction as a prosecutor at the DOJ Criminal Tax Division and the U.S. Attorney's Office for the District of Maryland, where he received the U.S. Attorney's Award for Excellence in Prosecution of Fraud and also the award for Excellence in Prosecution of Organized Crime. He has tried complex federal cases before juries in the District of Maryland, the Eastern District of Pennsylvania, and the Eastern District of Virginia, in addition to dozens of additional contested hearings and appeals in federal court.
David clerked for the Honorable Richard D. Bennett of the U.S. District Court for the District of Maryland.
Representative experience
Represented leading international data analytics company in FCPA investigations by both DOJ and SEC, resulting in declinations by both agencies.
Represented multinational technology company and subsidiary in False Claims Act qui tam action, resulting in DOJ declination and complete dismissal prior to discovery.
Represented multinational technology company conducting internal investigations into potential FCPA and UK Bribery Act violations.
Counseled international food company regarding international compliance, supply chain, and forced labor issues.
Represented leading life sciences company through discovery and settlement in nationwide False Claims Act qui tam litigation.
Counsel to Chinese telecommunications company regarding corporate compliance monitorship related to U.S. export control and sanctions laws.
Representing leading food company in connection with criminal investigation under the FDCA.
Representing leading food company in connection with civil investigation brought under the FCA resulting from multistate foodborne illness outbreak and product recall.
Representing international food corporation in criminal investigation resulting from multinational foodborne illness outbreak and product recall.
Representing food company and executive in criminal investigation and FDA enforcement action resulting from multistate foodborne illness outbreak and product recall.
Represented telecommunications company and executive in qui tam False Claims Act litigation, resulting in DOJ declination and dismissal after extensive briefing on motion to dismiss.
Represented a target of a criminal investigation involving government contracting and U.S. export control and sanctions laws, resulting in no enforcement action.
Representing executive in False Claims Act investigation involving government contracting and export control laws and regulations.
Representing board member of publicly traded company in parallel SEC and DOJ investigations.
Representing publicly traded, American multinational conglomerate in criminal environmental investigation.
Conducting a nationwide internal investigation and related guidance in matter involving cyber-security and privacy matters.
Credentials
- J.D., University of Maryland, Francis King Carey School of Law, cum laude, Order of the Barristers, 2007
- B.S., Cornell University, 2003
- District of Columbia
- Maryland
- U.S. District Court, District of Maryland
- U.S. Court of Appeals, Fourth Circuit
- Permanent Member, Fourth Circuit
- Judicial Conference
- Board of Directors, Maryland Chapter of Federal Bar Association
- Member, Criminal Justice Act Felony Panel for the District of Maryland