Roy McDonald is a partner at DLA Piper whose practice focuses on conducting corporate internal investigations and advising multinational companies on compliance issues, including those involving the Foreign Corrupt Practices Act (FCPA) and anti-corruption. Further, he represents clients in connection with government investigations, including US Department of Justice (DOJ) and Securities and Exchange Commission (SEC) matters, and litigation of complex business disputes and securities cases, including defense of securities class actions and shareholder derivative suits.

He has extensive experience in matters involving the FCPA and anti-corruption, financial accounting and reporting, securities fraud, whistleblower claims, international business practices, internal controls, insider trading, and corporate governance. He has led significant matters for clients concerning their business operations in the US, Asia, Europe, the Middle East and Latin America. He represents publicly traded corporations, privately held companies, boards of directors and their committees, and individual directors and officers.

Recently, Mr. McDonald was lead counsel representing a publicly traded technology company in publicized DOJ and SEC investigations of FCPA issues, which were successfully resolved, and conducting the related internal investigation. He is also on the defense team of the former CFO of Countrywide Financial Corporation in high profile SEC litigation and private securities cases. Further, he recently advised a Fortune 500 computer software company on the development of its global compliance and corporate investigations program, policies and procedures.

He is a frequent speaker on issues concerning the FCPA and anti-corruption, corporate internal investigations, corporate compliance, and government regulations and enforcement.

Mr. McDonald is the Hiring Partner for DLA Piper's San Francisco office, and also serves as a Pro Bono Coordinator and member of the firmwide Pro Bono Committee.

Representative Matters

Investigations and Compliance Matters

• Audit committee investigation of FCPA issues concerning operations in China of a publicly traded technology company, and representation of company in related DOJ and SEC investigations that were successfully resolved. Representation also involved advising the company on policies, internal controls, compliance monitoring and training programs.
• Numerous internal investigations for boards of directors and their audit and special committees concerning financial accounting and reporting issues, and related representations before the SEC.
• Compliance counseling and representation of a global computer security software company regarding investigations of business practices in Europe and South America.
• Numerous representations of individual directors and officers in government investigations and corporate internal investigations.
• Audit committee investigation of FCPA issues concerning operations in Asia and Europe of a publicly traded pharmaceutical company, and related counseling on compliance and training.
• Representation of an international shipping company in an internal investigation and in qui tam litigation before the DOJ regarding government contracts issues involving the company's Middle East operations.
• Representation of a publicly traded energy marketing and trading company in various government investigations arising from the California energy crisis, including investigations by the DOJ, SEC, Commodity Futures Trading Commission (CFTC), Federal Energy Regulatory Commission (FERC) and the State of California that were successfully resolved.
• Advising a publicly traded computer software company in connection with an investigation by the New York Attorney General's Office concerning investment banking relationships and the allocation of IPO shares.

Business and Securities Litigation

• Numerous representations of companies, directors and officers in shareholder derivative suits and securities class actions regarding financial accounting and reporting issues, including stock option practices.
• Representation of a publicly traded online marketing company in a federal court lawsuit against a competing company regarding a terminated strategic alliance and claims of fraud, unfair competition, tortious interference with contract and breach of contract.
• Defense of the corporate board members of a publicly traded digital media company in a federal court lawsuit involving breach of fiduciary duty claims.
• Advising a publicly traded telecom software solutions company in litigation arising from an M&A transaction.
• Defense of the former CFO of a publicly traded financial services company in various shareholder lawsuits and an SEC action.
• Representation of a private investment company in a federal court lawsuit arising from funding of a development stage biotechnology company.
• Defense of a networking hardware technology company and its directors and officers in a securities class action.
• Defense of a publicly traded energy marketing and trading company in various federal and state antitrust lawsuits and class actions.