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Dan Schwartz’s over thirty-years of practice has involved representing clients in a wide array of matters involving Federal Government regulation and enforcement. He has focused particularly on national security, corporate compliance; and white collar criminal defense including conducting internal investigations and audits, replying to grand jury and other investigative subpoenas, negotiating resolutions of government investigations and allegations and designing and implementing corporate compliance programs. He also has substantial experience with issues involving regulation of foreign investment in the United States by, among others, the Committee on Foreign Investment in the United States (CFIUS); antitrust and trade regulation including unfair and deceptive practices; compliance with government regulatory requirements; regulation by the Commodity Futures Trading Commission (CFTC); compliance with U.S. Postal Service (USPS) regulations; Foreign Corrupt Practices Act (FCPA) and export controls; and national security matters including classified contracting, security clearances including proceedings before the Defense Office of Hearings and Appeals (DOHA), handling of classified materials, facility clearances including foreign ownership and control of and influence (FOCI) issues.  He also assists clients involved in consumer and vehical product recalls and regulations before the Consumer Product Safety Commission (CPSC) and the National Highway Traffic Safety Administration (NHTSA). Prior to joining the firm, he served in a number of government positions, including at the Federal Trade Commission as a Deputy Director in the Bureau of Competition and at National Security Agency as its general counsel.

Civic Involvement & Honors

    • The Best Lawyers in America, 2009-2017
Read More

Professional Affiliations

    • D.C. Bar Association
    • American Bar Association
    • American Bar Association
Read More

Representative Experience

Mr. Schwartz has represented:

  • Numerous companies in preparing notices to the Committee on Foreign Investment in the United States (CFIUS) including responding to inquiries, and negotiating mitigation in connection with acquisitions of U.S. assets by foreign entities
  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls
  • Companies under criminal investigation for alleged price fixing and other competition-related matters
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions
  • Companies in connection with criminal investigations of alleged violations of postal regulations
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes
  • A company under investigation by the Commodity Futures Trading Commission (CFTC) for price manipulation
  • Various entities and individuals in litigation before the Court of Federal Claims
  • Companies engaged in the direct mail business in state attorneys general and federal grand jury and U.S. Postal Service (USPS) investigations of mailing practices and negotiated civil resolutions
  • Numerous companies involved in investigations of alleged product defects and, in some instances, product recalls in cooperation with the Consumer Product Safety Commission (CPSC) and the National Highway Transportation Safety Administration (NHTSA)
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection, and disclosure of classified information, including negotiating criminal or civil resolutions and, in selected instances, enabling the retention of security clearances under certain circumstances in adjudications before the Defense Office of Hearings and Appeals (DOHA) and Intelligence Agency and Department of Energy proceedings
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings
  • Counseled clients on how to avoid criminal liability in their actions

Publications

  • Co-author, "The Role of CFIUS in International Business Transactions," International Business Law Journal, June 2017
  • Co-author, "New Insider Threat Regulations to Hit Contractors Hard," National Defense Magazine, Nov. 18, 2016
  • Schwartz, Daniel, Clif Burns, Jennifer Mammen, and Kristin Robinson. "New Department Of Defense Cyber Security Regulations: Is The Cure Worse Than The Disease?" Government Contracting Law Report 1.8 (2015): 261-66
  • Client Alert: "Automobile Lenders: Federal and State Law Enforcement Agencies' New Target," February 2, 2015; co-authored with John ReVeal and Mark Srere
  • Client Alert: "The D.C. Circuit Imposes Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in any case, Short-Lived," July 18, 2014
  • Client Alert: "Good News for In-House Counsel: The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations," July 2, 2014
  • Schwartz, Daniel, and Jennifer Mammen. "Navigating the National Security Challenges Posed by Foreign Investment in US Businesses." Recent Trends in National Security Law: Leading Lawyers on Balancing US National Security Concerns and the Rights of Citizens.  Aspatore, 2015
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Daniel Schwartz’s practice focuses on corporate compliance and white collar criminal defense, including conducting internal investigations and audits, replying to grand jury and other investigative subpoenas, negotiating resolutions of government investigations and allegations and designing and implementing corporate compliance programs. He particularly focuses on issues involving antitrust and trade regulation, unfair and deceptive practices, compliance with government regulatory requirements, Foreign Corrupt Practices Act and export controls, classified contracting, security clearances, handling of classified materials, facility clearances and foreign ownership and control of and influence over classified facilities.

Select Representations

Mr. Schwartz has represented:

  • Numerous companies and other entities in connection with loss of privacy and other data, including internal investigations of facts surrounding such events, and reporting to or consultation with appropriate federal and state enforcement and regulatory agencies;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings;
  • and counseled clients on how to avoid criminal liability in their actions.

Bar and Court Admissions

District of Columbia, 1969

United States Supreme Court

United States Courts of Appeals for the Fifth, District of Columbia and Federal Circuits

United States District Court for the District of Columbia

Education

The George Washington University, J.D., with highest honors, 1969

Stanford University, A.B., 1965

Professional Affiliations

  • D.C. Bar Association
  • American Bar Association
  • American Health Lawyers Association

Civic Involvement & Honors

    • The Best Lawyers in America, 2009-2017
Read More

Professional Affiliations

    • D.C. Bar Association
    • American Bar Association
    • American Health Lawyers Association
    • American Bar Association
    • American Health Lawyers Association
    • American Health Lawyers Association
Read More

Representative Experience

Mr. Schwartz has represented:

  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls;
  • Companies under criminal investigation for alleged price fixing and other competition-related matters;
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government;
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings; and
  • Counseled clients on how to avoid criminal liability in their actions.

Publications

  • Co-author, "The Role of CFIUS in International Business Transactions," International Business Law Journal, June 2017
  • Co-author, "New Insider Threat Regulations to Hit Contractors Hard," National Defense Magazine, Nov. 18, 2016
  • Schwartz, Daniel, Clif Burns, Jennifer Mammen, and Kristin Robinson. "New Department Of Defense Cyber Security Regulations: Is The Cure Worse Than The Disease?" Government Contracting Law Report 1.8 (2015): 261-66
  • Client Alert: "Automobile Lenders: Federal and State Law Enforcement Agencies' New Target," February 2, 2015; co-authored with John ReVeal and Mark Srere
  • Client Alert: "The D.C. Circuit Imposes Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in any case, Short-Lived," July 18, 2014
  • Client Alert: "Good News for In-House Counsel: The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations," July 2, 2014
  • Schwartz, Daniel, and Jennifer Mammen. "Navigating the National Security Challenges Posed by Foreign Investment in US Businesses." Recent Trends in National Security Law: Leading Lawyers on Balancing US National Security Concerns and the Rights of Citizens.  Aspatore, 2015
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Daniel Schwartz’s practice focuses on corporate compliance and white collar criminal defense, including conducting internal investigations and audits, replying to grand jury and other investigative subpoenas, negotiating resolutions of government investigations and allegations and designing and implementing corporate compliance programs. He particularly focuses on issues involving antitrust and trade regulation, unfair and deceptive practices, compliance with government regulatory requirements, Foreign Corrupt Practices Act and export controls, classified contracting, security clearances, handling of classified materials, facility clearances and foreign ownership and control of and influence over classified facilities.

Select Representations

Mr. Schwartz has represented:

  • A company in connection with its compliance with the Foreign Corrupt Practices Act;
  • Companies for which he led teams conducting internal investigations of compliance with the Foreign Corrupt Practices Act;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings;
  • and counseled clients on how to avoid criminal liability in their actions.

Bar and Court Admissions

District of Columbia, 1969

United States Supreme Court

United States Courts of Appeals for the Fifth, District of Columbia and Federal Circuits

United States District Court for the District of Columbia

Education

The George Washington University, J.D., with highest honors, 1969

Stanford University, A.B., 1965

Professional Affiliations

  • D.C. Bar Association
  • American Bar Association
  • American Health Lawyers Association

Civic Involvement & Honors

    • The Best Lawyers in America, 2009-2017
Read More

Professional Affiliations

    • D.C. Bar Association
    • American Bar Association
    • American Health Lawyers Association
    • American Bar Association
    • American Health Lawyers Association
    • American Health Lawyers Association
Read More

Representative Experience

Mr. Schwartz has represented:

  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls;
  • Companies under criminal investigation for alleged price fixing and other competition-related matters;
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government;
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings; and
  • Counseled clients on how to avoid criminal liability in their actions.

Publications

  • Co-author, "The Role of CFIUS in International Business Transactions," International Business Law Journal, June 2017
  • Co-author, "New Insider Threat Regulations to Hit Contractors Hard," National Defense Magazine, Nov. 18, 2016
  • Schwartz, Daniel, Clif Burns, Jennifer Mammen, and Kristin Robinson. "New Department Of Defense Cyber Security Regulations: Is The Cure Worse Than The Disease?" Government Contracting Law Report 1.8 (2015): 261-66
  • Client Alert: "Automobile Lenders: Federal and State Law Enforcement Agencies' New Target," February 2, 2015; co-authored with John ReVeal and Mark Srere
  • Client Alert: "The D.C. Circuit Imposes Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in any case, Short-Lived," July 18, 2014
  • Client Alert: "Good News for In-House Counsel: The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations," July 2, 2014
  • Schwartz, Daniel, and Jennifer Mammen. "Navigating the National Security Challenges Posed by Foreign Investment in US Businesses." Recent Trends in National Security Law: Leading Lawyers on Balancing US National Security Concerns and the Rights of Citizens.  Aspatore, 2015
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Daniel Schwartz concentrates on advising corporations and individuals with regard to security clearance and facility clearance matters, including security clearance investigations; adjudication of denials of security clearances and special access; foreign ownership, control and influence; obtaining facility clearances; classified contracting; handling of classified materials; and intelligence agency matters. He was general counsel of the National Security Agency from 1979 to 1981 and he, and a team of lawyers working with him, have represented as many as 20 clients a year in security clearance, facility clearance and related matters before a number of federal government agencies. (A number of the decisions involving security clearances on which Mr. Schwartz worked are reported by the Department of Defense Office of Hearings and Appeals, but the names of the individual cases are redacted to protect the confidentiality of the individuals.)

Before Mr. Schwartz was general counsel of the National Security Agency, he spent six years at the Federal Trade Commission, which he left in 1979 as deputy director of the Bureau of Competition of the FTC. While at Bryan Cave, he has counseled clients in connection with Justice Department, Federal Trade Commission and state attorney general investigations and prosecutions involving antitrust and trade regulation matters. He also has led or participated in a number of internal investigations of corporate client activities regarding criminal law and security regulation compliance.

Select Representations

Mr. Schwartz has represented:

  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls;
  • Companies under criminal investigation for alleged price fixing and other competition-related matters;
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government;
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings; and
  • Counseled clients on how to avoid criminal liability in their actions.

Bar and Court Admissions

District of Columbia, 1969

United States Supreme Court

United States Courts of Appeals for the Fifth, District of Columbia and Federal Circuits

United States District Court for the District of Columbia

Education

The George Washington University, J.D., with highest honors, 1969

Stanford University, A.B., 1965

Professional Affiliations

  • D.C. Bar Association
  • American Bar Association
  • American Health Lawyers Association

Civic Involvement & Honors

    • The Best Lawyers in America, 2009-2017
Read More

Professional Affiliations

    • D.C. Bar Association
    • American Bar Association
    • American Health Lawyers Association
    • American Bar Association
    • American Health Lawyers Association
    • American Health Lawyers Association
Read More

Representative Experience

Mr. Schwartz has represented:

  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls;
  • Companies under criminal investigation for alleged price fixing and other competition-related matters;
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government;
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings; and
  • Counseled clients on how to avoid criminal liability in their actions.

Publications

  • Co-author, "The Role of CFIUS in International Business Transactions," International Business Law Journal, June 2017
  • Co-author, "New Insider Threat Regulations to Hit Contractors Hard," National Defense Magazine, Nov. 18, 2016
  • Schwartz, Daniel, Clif Burns, Jennifer Mammen, and Kristin Robinson. "New Department Of Defense Cyber Security Regulations: Is The Cure Worse Than The Disease?" Government Contracting Law Report 1.8 (2015): 261-66
  • Client Alert: "Automobile Lenders: Federal and State Law Enforcement Agencies' New Target," February 2, 2015; co-authored with John ReVeal and Mark Srere
  • Client Alert: "The D.C. Circuit Imposes Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in any case, Short-Lived," July 18, 2014
  • Client Alert: "Good News for In-House Counsel: The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations," July 2, 2014
  • Schwartz, Daniel, and Jennifer Mammen. "Navigating the National Security Challenges Posed by Foreign Investment in US Businesses." Recent Trends in National Security Law: Leading Lawyers on Balancing US National Security Concerns and the Rights of Citizens.  Aspatore, 2015
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Daniel Schwartz’s practice focuses on corporate compliance and white collar criminal defense, including conducting internal investigations and audits, replying to grand jury and other investigative subpoenas, negotiating resolutions of government investigations and allegations and designing and implementing corporate compliance programs. He particularly focuses on issues involving antitrust and trade regulation, unfair and deceptive practices, compliance with government regulatory requirements, Foreign Corrupt Practices Act and export controls, classified contracting, security clearances, handling of classified materials, facility clearances and foreign ownership and control of and influence over classified facilities. Prior to joining the firm, Mr. Schwartz served in a number of government positions, including at the National Security Agency as its general counsel.

Select Representations

Mr. Schwartz has represented:

  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls;
  • Companies under criminal investigation for alleged price fixing and other competition-related matters;
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government;
  • Companies in connection with developing document management procedures to avoid both allegation of spoliation and unnecessary and wasteful storage and document production expenses;
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms;
  • An individual in connection with allegations of improper export of toxic bio-agents;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A group of government employees charged with improper disclosure of classified information; the government agency involved ultimately settled with the individual clients by reinstating them, paying back wages and overtime, and removing the then-leadership of the agency;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Individuals in connection with illegal mass arrests at a demonstration in Washington, D.C.;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings;
  • and counseled clients on how to avoid criminal liability in their actions.

Bar and Court Admissions

District of Columbia, 1969

United States Supreme Court

United States Courts of Appeals for the Fifth, District of Columbia and Federal Circuits

United States District Court for the District of Columbia

Education

The George Washington University, J.D., with highest honors, 1969

Stanford University, A.B., 1965

Professional Affiliations

  • D.C. Bar Association
  • American Bar Association
  • American Health Lawyers Association

Civic Involvement & Honors

    • The Best Lawyers in America, 2009-2017
Read More

Professional Affiliations

    • D.C. Bar Association
    • American Bar Association
    • American Health Lawyers Association
    • American Bar Association
    • American Health Lawyers Association
    • American Health Lawyers Association
Read More

Representative Experience

Mr. Schwartz has represented:

  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls;
  • Companies under criminal investigation for alleged price fixing and other competition-related matters;
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government;
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings; and
  • Counseled clients on how to avoid criminal liability in their actions.

Publications

  • Co-author, "The Role of CFIUS in International Business Transactions," International Business Law Journal, June 2017
  • Co-author, "New Insider Threat Regulations to Hit Contractors Hard," National Defense Magazine, Nov. 18, 2016
  • Schwartz, Daniel, Clif Burns, Jennifer Mammen, and Kristin Robinson. "New Department Of Defense Cyber Security Regulations: Is The Cure Worse Than The Disease?" Government Contracting Law Report 1.8 (2015): 261-66
  • Client Alert: "Automobile Lenders: Federal and State Law Enforcement Agencies' New Target," February 2, 2015; co-authored with John ReVeal and Mark Srere
  • Client Alert: "The D.C. Circuit Imposes Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in any case, Short-Lived," July 18, 2014
  • Client Alert: "Good News for In-House Counsel: The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations," July 2, 2014
  • Schwartz, Daniel, and Jennifer Mammen. "Navigating the National Security Challenges Posed by Foreign Investment in US Businesses." Recent Trends in National Security Law: Leading Lawyers on Balancing US National Security Concerns and the Rights of Citizens.  Aspatore, 2015
gradient
gradient

Mr. Schwartz’s practice focuses on corporate compliance and white collar criminal defense, including conducting internal investigations and audits, replying to grand jury and other investigative subpoenas, negotiating resolutions of government investigations and allegations, and designing and implementing corporate compliance programs. He particularly focuses on issues involving antitrust and trade regulation, unfair and deceptive practices, compliance with government regulatory requirements, Foreign Corrupt Practices Act and export controls, classified contracting, security clearances, handling of classified materials, facility clearances and foreign ownership and control of and influence over classified facilities.

Civic Involvement & Honors

    • The Best Lawyers in America, 2009-2017
Read More

Professional Affiliations

    • D.C. Bar Association
    • American Bar Association
    • American Health Lawyers Association
    • American Bar Association
    • American Health Lawyers Association
    • American Health Lawyers Association
Read More

Representative Experience

Select Representations

Mr. Schwartz has represented:

  • A company board audit committee, in connection with an internal investigation of alleged price pricing agreements and other alleged agreements with competitors; in addition, he led a team representing the company in the criminal antitrust investigation of the same matters;
  • A company board audit committee, in connection with an internal investigation into the adequacy of computer service operations and controls;
  • A company, on whose behalf he conducted an internal investigation, resulting in termination of the employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings;
  • and counseled clients on how to avoid criminal liability in their actions.

Publications

  • Co-author, "The Role of CFIUS in International Business Transactions," International Business Law Journal, June 2017
  • Co-author, "New Insider Threat Regulations to Hit Contractors Hard," National Defense Magazine, Nov. 18, 2016
  • Schwartz, Daniel, Clif Burns, Jennifer Mammen, and Kristin Robinson. "New Department Of Defense Cyber Security Regulations: Is The Cure Worse Than The Disease?" Government Contracting Law Report 1.8 (2015): 261-66
  • Client Alert: "Automobile Lenders: Federal and State Law Enforcement Agencies' New Target," February 2, 2015; co-authored with John ReVeal and Mark Srere
  • Client Alert: "The D.C. Circuit Imposes Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in any case, Short-Lived," July 18, 2014
  • Client Alert: "Good News for In-House Counsel: The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations," July 2, 2014
  • Schwartz, Daniel, and Jennifer Mammen. "Navigating the National Security Challenges Posed by Foreign Investment in US Businesses." Recent Trends in National Security Law: Leading Lawyers on Balancing US National Security Concerns and the Rights of Citizens.  Aspatore, 2015
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Daniel Schwartz’s practice includes counseling, litigation and administrative matters relating to antitrust, consumer protection and consumer product safety issues, including defense of corporate entities and individuals in connection with criminal antitrust investigations. He spent six years on the staff of the Federal Trade Commission, leaving as deputy director of the Bureau of Competition. Among his accomplishments during that time, were his leadership of the team that drafted the original rules for compliance with the Hart-Scott-Rodino Antitrust Improvement Act, and his development of the Commission’s first systematic review of the application of the antitrust laws to the healthcare industries. Before he joined the firm, Mr. Schwartz also served as general counsel of the National Security Agency.

Select Representations

Antitrust Litigation

  • Led the antitrust team in connection with Bryan Cave’s representation of a Fortune 100 company in connection with a multi-year contract and antitrust dispute between major defense contractors
  • Successfully litigated antitrust counterclaims in connection with a dispute among energy pipeline companies, resulting in a favorable settlement
  • Defended a major chemical manufacturer against unfair competition claims before the International Trade Commission, and related District Court litigation, involving catalyst patents disputes
  • Litigated antitrust aspects of patent infringement litigation in the office furniture industry
  • Participated in defending international company in connection with antitrust litigation alleging improper termination of business relationships

Antitrust Investigations

  • Represented airline in connection with criminal investigation of alleged price fixing
  • Represented international corporation in connection with criminal investigation of alleged agreements to stabilize prices
  • Represented major computer and telecommunications joint venture in investigation by the Antitrust Division of the Justice Department, resulting in significant restatement by the Division of issues relating to R&D joint ventures, and closing of the investigation
  • Represented a party in connection with an FTC investigation of a merger in the cereal industry, and negotiation of a resolving consent order
  • Represented a party in connection with an FTC investigation of a merger in the home health care industry, and negotiation of a resolving consent order
  • Represented a party in connection with an FTC investigation of a joint venture in the pharmaceutical industry, resulting in closing of the investigation
  • Represented a party in connection with an Antitrust Division investigation in the telecommunications industry

Antitrust Counseling

  • Represent a major pharmaceutical health care company in connection with a variety of antitrust issues, including joint ventures, marketing activities and product development and distribution
  • Represented computer and telecommunications multi-company consortia in their efforts to establish joint ventures, create industry-wide performance standards, promulgate and enforce certification programs, and other antitrust-related issues
  • Advised numerous companies in connection with the antitrust aspects of proposed mergers and acquisitions in the hospital, health care, telecommunications, computer, food, and services industries

Consumer Protection

  • Constructed, proposed and obtained FTC approval for a trade association program for self-regulation, education and compliance with an FTC Rule, resulting in almost complete lapsing of the previously aggressive FTC enforcement efforts in that area, thus eliminating the costs of litigation, heavy fines for non-compliance and unfavorable publicity
  • Counseled companies involved in the direct mail and contests of skill and sweepstakes industries, and defended companies in investigations of their activities and proceedings by the FTC, State Attorneys General, and the Postal Service
  • Represented companies in connection with investigations by the FTC of alleged failures to comply with regulations under FTC Rules and trade regulation statutes enforced by the FTC
  • Counseled companies in connection with advertising claims, and represented clients in FTC and State Attorney General investigations of deceptive or misleading advertising
  • Represented clients in connection with claims of unfair competition under Section 43(a) of the Lanham Act

Consumer Product Safety

  • Counsel companies in the clothing, sport shoe, electrical, playground, bicycle, and toy industries, among others, in connection with reporting requirements under the Consumer Product Safety Act and related statutes enforced by the Consumer Product Safety Commission
  • Represent companies under investigation by the CPSC for alleged failure to make timely reports of harmful or dangerous products
  • Assist companies to establish internal procedures for identifying incidents which could indicate the existence of harmful or dangerous consumer products and remedying or recalling them before the occurrence of product liability or reporting failure incidents

Bar and Court Admissions

District of Columbia, 1969

United States Supreme Court

United States Courts of Appeals for the Fifth, District of Columbia and Federal Circuits

United States District Court for the District of Columbia

Education

The George Washington University, J.D., with highest honors, 1969

Stanford University, A.B., 1965

Professional Affiliations

  • D.C. Bar Association
  • American Bar Association
  • American Health Lawyers Association

Civic Involvement & Honors

    • The Best Lawyers in America, 2009-2017
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Professional Affiliations

    • D.C. Bar Association
    • American Bar Association
    • American Health Lawyers Association
    • American Bar Association
    • American Health Lawyers Association
    • American Health Lawyers Association
Read More

Representative Experience

Mr. Schwartz has represented:

  • A company board audit committee in connection with an internal investigation into the adequacy of computer services operations and controls;
  • Companies under criminal investigation for alleged price fixing and other competition-related matters;
  • A company, on whose behalf he conducted an internal investigations resulting in termination of employment of certain employees; he then went on to represent the company against numerous state attorney general investigations;
  • A company, on whose behalf he worked with a team of lawyers defending the client against an indictment for conspiracy to avoid export control requirements in which the indictment was ultimately dismissed by the government;
  • A company, for which he led a team of lawyers in conducting an internal investigation of compliance with certain export control practices, and prepared a detailed report to a government agency regarding the company’s compliance efforts and reforms;
  • A parent company, on whose behalf he conducted an internal investigation of allegations of false claims and false statements by a subsidiary company engaged in defense-related government contracting; also represented the parent company, along with counsel for the subsidiary, in settlement negotiations with the Department of Defense and the Department of Justice;
  • A company subject to a criminal and civil investigation of alleged violations of government contracting requirements, other areas of federal government regulations and related federal statutes; negotiated consent resolutions;
  • Companies in connection with criminal investigations of alleged violations of postal regulations;
  • Companies and individuals in connection with investigations of alleged violations of federal antitrust statutes;
  • A company engaged in the direct mail business in state attorneys general and federal grand jury investigations of mailing practices and negotiated civil resolutions;
  • A company in conducting internal investigations of possible violations of law relating to foreign sales and contracts with foreign entities, and assisted to resolve matters internally within the company;
  • A company in a multi-site investigation of corporate practices in the handling of classified materials, including the institution of safeguards to ensure proper handling of such materials;
  • Various individuals in connection with criminal and administrative investigations of the handling, storage, protection and disclosure of classified information, including negotiated criminal or civil resolutions and, in selected instances, retention of security clearances under certain circumstances;
  • Individuals and companies before grand juries, criminal enforcement personnel and congressional investigators and hearings; and
  • Counseled clients on how to avoid criminal liability in their actions.

Publications

  • Co-author, "The Role of CFIUS in International Business Transactions," International Business Law Journal, June 2017
  • Co-author, "New Insider Threat Regulations to Hit Contractors Hard," National Defense Magazine, Nov. 18, 2016
  • Schwartz, Daniel, Clif Burns, Jennifer Mammen, and Kristin Robinson. "New Department Of Defense Cyber Security Regulations: Is The Cure Worse Than The Disease?" Government Contracting Law Report 1.8 (2015): 261-66
  • Client Alert: "Automobile Lenders: Federal and State Law Enforcement Agencies' New Target," February 2, 2015; co-authored with John ReVeal and Mark Srere
  • Client Alert: "The D.C. Circuit Imposes Due Process in the CFIUS Review Procedures But the Impact May be Limited and, in any case, Short-Lived," July 18, 2014
  • Client Alert: "Good News for In-House Counsel: The D.C. Circuit Court Restores Attorney-Client Privilege for Internal Investigations," July 2, 2014
  • Schwartz, Daniel, and Jennifer Mammen. "Navigating the National Security Challenges Posed by Foreign Investment in US Businesses." Recent Trends in National Security Law: Leading Lawyers on Balancing US National Security Concerns and the Rights of Citizens.  Aspatore, 2015