David E. Carney

(he/him/his)

Partner

  • Overview

    Biography

    David Carney has significant, varied experience in government enforcement, internal investigations, complex civil litigation and corporate compliance programs. David’s broad experience has honed his ability to identify issues quickly, acquire and prioritize relevant information and knowledge, creatively solve problems and mitigate collateral consequences in parallel proceedings. 

    Government Enforcement and Internal Investigations

    David has successfully represented both individuals and companies facing investigations and enforcement proceedings by government agencies, including the Department of Justice, the Securities and Exchange Commission, the Public Company Accounting Oversight Board, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the General Services Administration and the U.S. Postal Service. In these matters, he has advised and counseled on financial reporting and disclosure, the Foreign Corrupt Practices Act, compliance with generally accepted auditing standards, the False Claims Act, safety and soundness compliance, fair lending, and suspension and debarment. David is a zealous advocate in his interactions with government agencies, and his context-specific advocacy adjusts to maximize the potential for the most advantageous result.

    David has conducted internal investigations for an array of clients confronted by varying issues. He has represented, among others, global pharmaceutical concerns, manufacturers (including apparel, automobile, dental products), information technology firms, accounting firms, financial institutions and travel firms. His investigations have included allegations of corruption, finance and accounting fraud, disclosure misrepresentation, money laundering and breach of risk-mitigation controls, breaches of policies and procedures, non-compliance with study protocols in sponsored research studies, overriding risk management committee safety controls, data suppression, and conflicts of interest. David endeavors to minimize business disruption that internal investigations may cause while efficiently and accurately building the factual record to provide clients with the best advice.

    David managed an independent compliance consultancy for the U.S. Agency for International Development (USAID) and one of its contractors. In this role, he designed and executed a testing program to periodically evaluate compliance, and he reported findings and recommendations to the contractor's executive and board leadership and to the USAID. In this role, David has emphasized collaboration and reasonable skepticism instead of the antagonism and overt disbelief that can characterize many monitorships and independent compliance consultancies.

    Civil Litigation

    During his two-decade career, David has asserted and defended civil litigation claims on behalf of a diverse group of clients, many of whom were confronting existential threats. From a travel technology company facing antitrust claims to a rabbi asserting personal injury claims for a traumatic brain injury, from debtor engineering and construction firms managing creditor claims to a family member in an intra-family dispute over control of an insurance firm, from a real estate concern addressing a third-party subpoena to a construction firm defending a personal injury claim, David has litigated claims involving many different subject matters. David has significant experience in securities class action litigation, which is often related to his government enforcement and internal investigations work. In these civil representations, David applies his skills and experience to the unique circumstances of his clients to position these matters for the most favorable outcome, even if that can only be achieved through trial.

    Compliance Programs and Due Diligence

    David designs, implements, and assesses compliance programs, with an emphasis on anti-corruption programs, for clients in a range of industries, including fintech, crypto, government contracting, apparel, consumer products, and nonprofits. He has used his experience and formal, certified training to develop right-sized, risk-based programs that clients can actually execute. He has led multi-disciplinary teams to evaluate whether client compliance programs satisfy Department of Justice guidance on effective compliance programs. He has used the findings of such evaluations to assist clients in the continuous improvement cycle by recommending program enhancements. 

    Clients have called upon David to conduct litigation and anti-corruption due diligence in some of the most challenging contexts. More than once, he has either performed anti-corruption diligence on a target that was the subject of a pending anti-corruption investigation or enforcement proceeding or identified heightened corruption risk through his work. His expertise in diligence and compliance programs has allowed him to fashion effective mitigation or remediation strategies that were creative or pragmatic, as the matter demanded.

  • Experience
    • Experience

      Experience

        Government Enforcement

      • Achieved favorable outcome for dental manufacturer in SEC investigation of alleged accounting and disclosure deficiencies relating to sales through exclusive U.S. distributor. *

      • Represented subprime lender in FDIC enforcement matters arising from 2008 global financial crisis and adverse safety and soundness findings. *

      • Successfully represented accounting firm and individual audit professionals in enforcement proceedings before the PCAOB in connection with audit of financial institution. *

      • Represented automobile manufacturer in DOJ and SEC investigations of alleged violations of the Foreign Corrupt Practices Act. * 

      • Represented debt-relief firm in fraudulent practices enforcement proceeding brought by CFPB. *

      • Represented USPS contractor in False Claims Act enforcement matter arising from alleged overbilling associated with express mail processing. *

      • Represented individual fund manager in SEC investigation regarding alleged misrepresentations about fund portfolios’ risk profile and prospects for financial returns. *

      • Represented U.S. financial institution in redlining investigation by FDIC. *

      • Government Monitor/Independent Compliance Consultant

      • Worked as day-to-day lead on U.S. government-imposed independent compliance consultant for government contractor that acts in highest-risk jurisdictions around the world. *

      • Civil Litigation

      • Successfully defended travel technology company in Sherman Act antitrust case arising from airline’s allegations of contractual restraint of trade and monopolization. *

      • Represented multinational investment bank and financial services holding company in securities class action arising from subprime lending crisis. *

      • Represented multinational information technology services and consulting company in securities class action suit arising from contracts to provide services and software to national healthcare system. *

      • Represented underwriters of securities of international petroleum enterprise in securities class action suit alleging false and misleading statements and accounting fraud in connection with alleged violation of anti-bribery and anti-corruption laws. *

      • Represented debtor engineering and construction firms in Chapter 11 claims litigation. *

      • Represented former Chief Executive Officer of investment bank and securities brokerage firm in securities class action arising from firm’s failure in connection with 2008 global financial crisis. *

      • Represented developer of server farms in third-party subpoena response in dispute between partners who sold it real estate. *

      • Internal and Independent Investigations

      • Represented global pharmaceuticals company in multiple internal investigations involving allegations of non-compliance with study protocols, overriding risk management committee safety controls, data suppression and conflicts of interest. *

      • Represented tool manufacturer in internal investigation of certain transactions at aerospace subsidiary potentially implicating revenue recognition, policy violation and office culture concerns. *

      • Represented Special Committee of Board of Directors of global dental manufacturer in internal investigation of allegations of accounting fraud and disclosure misrepresentations. *

      • Represented information technology, engineering and science firm in internal investigation of accounting and operational difficulties alleged by short seller. *

      • Represented European financial institution in internal investigation regarding relationship with a primary money laundering concern, relationships with other high-risk financial institutions and risk-mitigation efforts in connection with those relationships. *

      • Represented global pharmaceutical company in internal investigations regarding alleged violations of the Foreign Corrupt Practices Act and other anti-corruption laws. *

      • Compliance Programs

      • Designed anti-corruption compliance programs for, among others, global fintech and insurance company, global sports and lifestyle company, crypto firms, government contractors, discovery technology and therapeutics company, consumer products firms and global nonprofit. *

      • Conducted multidisciplinary assessments of compliance programs of, among others, provider of ruggedized products and solutions, provider of power and communication technology solutions and a provider of photonics. *

      • Due Diligence

      • Conducted buy-side and sell-side anti-corruption or litigation diligence on more than $500 billion of closed transactions for public and private companies and private equity firms. *

      • Conducted successful buy-side diligence of business unit of aerospace manufacturer while manufacturer’s other business lines were under active anti-corruption investigations. *

      • Conducted successful buy-side corruption and litigation diligence of business unit of public utility subject to recent resolution of criminal public corruption charges. *

      • Pro Bono

      • Secured early release for individual subject to an unconstitutional federal prison sentence. *

      • Represented individual with intellectual impairments seeking relief from federal death penalty before the Eastern District of Virginia, the Fourth Circuit and the U.S. Supreme Court. *

      • Represented immigration law professors in multiple Supreme Court amicus briefs and national nonprofit that serves immigration survivors in Fourth Circuit amicus brief. *

      • Advised social justice organization regarding victims’ potential claims against foreign sovereigns for transnational repression. *

      • Other Experiences

      • * Atty. Carney was counsel in these representative matters before joining Robinson+Cole.

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    • Community Involvement

      Community Involvement

      Positive Coaching Alliance
      Mid-Atlantic Chapter Advisory Board

      Montgomery Youth Hockey Association
      Former President and Chair of the Board
  • NEWS + PRESS
    • News

      R+C News Releases

      • September 29, 2023

        Seasoned Litigator David Carney Joins Robinson+Cole as Partner to Continue Expansion of its Washington, DC Office and Deepen Litigation Capabilities

        • » more info
        • View article
    • Legal Updates/Newsletters

      Legal Updates/Newsletters

      "DOJ Announces New Whistleblower Compensation Pilot Program, Ratcheting Up Pressure on Corporate Voluntary Self-Disclosures" co-authored with Seth B. Orkand and Danielle H. Tangorre (3/12/2024)

      "SDNY USAO Formalizes Race to the Prosecutor’s Office with Whistleblower Pilot Program That Pits Individual Whistleblowers Against Companies Making Self-Disclosures" (1/24/2024)

      "A Return to the Core Principles of Antitrust: Assistant Attorney General Jonathan Kanter and FTC Chair Lina Khan Reflect on Their Successes and Learning Experiences" co-authored with Jennifer M. Driscoll, Kathleen M. Porter and David E. Carney (10/18/23)

      "DOJ Announces Extension of Voluntary Self-Disclosure Guidance for Misconduct Discovered Through M&A Due Diligence" co-authored with Benjamin M. Daniels, Edward J. Heath and Jennifer M. Driscoll (10/6/23)