We have served as defense counsel for numerous clients in critical bet-the-company government matters

Clients turn to Davis Polk to defend their most critical bet-the-company government matters. Our work includes:

  • Defending Syngenta in litigation brought by the FTC and 10 state attorneys general alleging that Syngenta paid distributors to block competitors from selling less expensive generic products to farmers.
  • Advising a major technology company in connection with:
    • A first-of-its-kind FTC administrative proceeding that seeks to substantially rewrite a court-approved 2020 consent order which embodied the parties’ 2019 settlement and required the company to establish and implement a comprehensive privacy program.
    • An antitrust lawsuit brought by the FTC following parallel investigations by the FTC, DOJ and nearly 50 state attorneys general into 12 years of conduct, including with respect to nearly a dozen individual acquisitions.
  • Successfully represented a consumer products company in a lawsuit brought by the DOJ Antitrust Division challenging another party’s $4.3 billion acquisition of our client’s hardware and home improvement division, alleging that the transaction was unlawful under the Clayton Act. After six days of the government’s case-in-chief – and before defendants presented their case – the government and defendants agreed upon a proposed consent decree to end the litigation.
  • Successfully represented a major telecom company in an FCC administrative proceeding that resulted in the D.C. Circuit setting aside a final FCC order.
  • Represented a third party in FTC litigation challenging Amgen’s $27.8 billion acquisition of Horizon Therapeutics.
  • Represented McGraw Hill Financial and Standard & Poor’s Financial Services in landmark settlements with DOJ, the SEC and the attorneys general of 19 states and the District of Columbia of FIRREA claims concerning S&P’s ratings of residential mortgage-backed securities.
  • Represented Morgan Stanley in a DOJ investigation into alleged violations of FIRREA relating to Morgan Stanley’s issuance of subprime residential mortgage-backed securities residential mortgage-backed securities during the 2006-2007 housing crisis, successfully securing a favorable resolution.
  • Advised a financial institution in connection with a DOJ investigation of potential FIRREA violations relating to the foreign exchange market.

Members of the Davis Polk teams are based in the New York, Washington DC and Northern California offices. 

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