Neil H. MacBride
Co-chair of White Collar Defense & Investigations. A leading litigator, with experience in all three branches of government.
Neil is co-chair of our White Collar Defense & Investigations practice. He is one of the nation’s leading litigators and has successfully defended dozens of companies, boards and individuals in high-stakes crisis management matters. He focuses on government enforcement actions, complex civil litigation and regulatory matters, trials, and congressional and internal investigations.
Neil returned to Davis Polk in January 2025, after serving as General Counsel of the Treasury Department under Secretary Janet Yellen. He was previously a Davis Polk partner from 2014 to 2022, after earlier serving as the United States Attorney for the Eastern District of Virginia and Associate Deputy Attorney General.
Neil has been recognized as a premier litigator by publications including the National Law Journal, Chambers USA, Benchmark Litigation and Global Investigations Review. A client quoted by Chambers said Neil is “an extraordinarily gifted lawyer blessed with impeccable judgment and unwavering integrity,” who has “earned the trust and confidence of the judiciary.”
Experience
Corporate Representations
- Secured declinations from DOJ on proposed criminal charges against multiple global financial institutions
- Secured declinations from DOJ and the SEC in FCPA investigations of Cisco Systems
- Secured declination from the SEC in FCPA investigation of Fortune 200 multinational company
- Represented CEO of global company in congressional hearings before U.S. Senate
- Represented global companies in various congressional investigations before U.S. Congress
- A major medical device manufacturer in parallel criminal, civil, regulatory and congressional investigations of potential adulteration, misbranding, and sales and marketing issues
Civil Enforcement Representations
- Morgan Stanley in connection with its FIRREA settlement with DOJ and lawsuits by several states related to RMBS
- McGraw Hill Financial and Standard & Poor’s Financial Services in connection with lawsuits brought by DOJ, SEC and the Attorneys General of numerous states concerning the ratings of RMBS
Individual Representations
- A witness in Special Counsel Robert Mueller’s investigation
- A witness in the “Varsity Blues” college admissions investigation
- A precious metals trader in DOJ/CFTC investigation into alleged spoofing and market manipulation
Civil Litigation
- Successfully sued the U.S. Treasury Department on behalf of ExxonMobil to overturn an economic sanctions penalty notice issued by the Office of Foreign Assets Control (OFAC) for violations of the U.S. Constitution and the Administrative Procedures Act
- Successfully defended General Dynamics Information Technology in a class action lawsuit alleging violations of the Telephone Consumer Protection Act
- Defending relator qui tam lawsuit alleging violations of False Claims Act by import company
- Defending a major pharmaceutical company in civil lawsuit alleging violations of the Antiterrorism Act
Recent Trial Representations
- Successfully defended Cisco Systems in a six-week patent infringement bench trial in 2020 conducted entirely over Zoom. Cisco ultimately achieved total victory, which the Federal Circuit affirmed, based on the 2020 trial record.
Insights
Recognition
Chambers USA – White Collar Crime and Government Investigations, District of Columbia (prior to government service)
Benchmark Litigation – District of Columbia, Star (prior to government service)
U.S. Department of the Treasury – Alexander Hamilton Award, 2024
Washingtonian – “Top Lawyers,” Criminal Defense, White Collar, 2020
Global Investigations Review – “DC Sanctions Lawyers to Have on Speed Dial,” 2019
Ethisphere – “Attorneys Who Matter,” 2010, 2014, 2015, 2016, 2017
National Law Journal – “Cybersecurity Trailblazer,” 2016
U.S. Department of Justice – Distinguished Achievement Award
Education
- magna cum laude
Clerkships
Prior experience
- General Counsel, U.S. Department of the Treasury, 2022-2024
- Administrative Conference of the United States, Council Member, 2023-2024
- Biden-Harris Transition Team (Justice Department), 2020-2021
- U.S. Attorney for the Eastern District of Virginia, 2009-2013
- Associate Deputy Attorney General, U.S. Department of Justice, 2009
- Obama-Biden Transition Team (Justice Department), 2008-2009
- Vice President and General Counsel, Business Software Alliance, 2005-2008
- Chief Counsel and Staff Director to Senator Joseph R. Biden, Jr., Senate Committee on Judiciary, 2001-2005
- Assistant U.S. Attorney, Criminal Division, U.S. Attorney's Office, District of Columbia, 1997-2001
- Associate, Verner, Liipfert, Bernhard, McPherson & Hand, 1993-1997
Qualifications and admissions
- Commonwealth of Virginia
- District of Columbia
- State of New York