Jeremy Maltby

Before joining Portolano Cavallo, Jeremy served as a senior lawyer in U.S. Department of Justice and in the Office of the White House Counsel, and practiced for twenty years at O’Melveny & Myers LLP, where he served as the Managing Partner of the Washington DC office and his practice focused on White Collar Defense and Investigations, including corporate compliance; regulatory and government affairs; Supreme Court and appellate matters, and complex civil litigation.

As Associate Deputy Attorney General at the U.S. Department of Justice, Jeremy oversaw a broad portfolio including the Civil Division, the Office of the Solicitor General, the Office of Legal Counsel, the Environmental and Natural Resources Division, the Tax Division, and the Bankruptcy Trustee. Hehelped to manage litigation and regulatory strategy across a range of critical areas – including corporate enforcement, civil fraud, consumer protection, cybersecurity, AI, data privacy, and reproductive rights — and contributed to Department of Justice policy reviews, including its corporate enforcement framework.

Jeremy also served in the White House Counsel’s Office as Special Assistant and Senior Counsel to President Obama. In this role, he advised the President and senior staff on key domestic policy priorities, including the implementation and defense of the Affordable Care Act, civil rights, and data privacy issues. He acted as the primary liaison between the White House Counsel’s Office and several federal departments. He also chaired an internal White House working group on data privacy and participated in the Big Data working group led by senior advisor John Podesta.

Jeremy worked at O’Melveny & Myers LLP for 20 years, and served as the Managing Partner of its Washington DC Office.  His practice focused on White Collar defense and corporate investigations, Supreme Court and appellate litigation, and complex litigation, primarily involving financial institutions and international commercial matters. He advised clients on compliance, anti-money laundering, data privacy, and cybersecurity, and represented U.S. and Italian clients in cross-border proceedings and investigations related to investments and disputes in Italy and the United States. His experience included defending corporate and individual clients in high-profile federal criminal trials, including cases involving environmental crimes, false statements, and securities fraud. In addition, he dedicated significant time to pro bono work, including civil rights, immigration, and international human rights cases.

Before entering private practice, Jeremy served as a law clerk for Justice David H. Souter (U.S. Supreme Court), Judge Pierre N. Leval (U.S. Court of Appeals for the Second Circuit), and Judge Eugene H. Nickerson (U.S. District Court for the Eastern District of New York).

Jeremy earned his J.D. from Columbia Law School, where he was an Articles Editor on the Columbia Law Review and a Chancellor James Kent Scholar.  He received his A.B., magna cum laude in History & Literature from Harvard College.

Representative Matters from Private Practice

Matters Related to Italy

• Represented a US private equity company in conducting regulatory due diligence with respect to its acquisition of a major Italian manufacturing company, then represented the Italian company in updating its compliance program and with respect to ongoing regulatory compliance matters
• Represented a U.S. private equity company in connection with Italian bankruptcy proceedings (including allegations of bankruptcy fraud) of an Italian portfolio company
• Represented a U.S.-based international insurance company in connection with an internal investigation at its Italian subsidiary
• Represented a publicly-traded U.S. company in connection with a criminal investigation by Italian magistrates of the conduct of its Italian affiliate; coordinated with Italian counsel; advised the client about the consequences of the affiliate’s conduct and developed international litigation and arbitration strategy
• Represented a U.S. citizen in connection with Italian criminal proceedings and related U.S. proceedings arising from with Mediaset’s acquisition of the rights to US media properties
• Represented a U.S. real estate investor in connection with Italian criminal tax investigation and subsequent trial arising from its operations and investments in Italy
• Represented the U.S. subsidiary of an Italian industrial company in connection with inquiries from the US Department of Justice concerning its operations in Latin America
• Represented the Friedkin Group in connection with its acquisition of AS Roma
• Represented a U.S. company in connection with a significant civil litigation demand in Italy
• Represented U.S. citizens in connection with requests by Italian prosecutors under the US-Italy Mutual Legal Assistance Treaty for oral testimony and the production of documents
• Represented Italian and other European citizens in connection with interviews arising from DOJ and SEC investigations

Appellate and Trial Advocacy

• Served as trial counsel for an individual defendant in United States v. W.R. Grace, et al., a 4-month trial concerning alleged criminal violations of the Clean Air Act that environmental law authorities have described as one of the biggest environmental criminal trials in history; a jury acquitted client of all charges.
• Served as trial counsel in United States v. Skinner, a 6-week federal false statement trial in which the jury acquitted the defendant of all charges.
• Served as trial counsel in United States v. Shuster, a 5-week jury trial involving charges of securities fraud and money laundering, arising from the Stratton Oakmont offenses depicted in the Wolf of Wall Street.
• Drafted numerous merits briefs in the U.S. Supreme Court, including Moseley v. V Secret Catalogue, Inc.; Dastar v. Twentieth Century Fox Film Corp.; and Utah v. Evans, and many petitions for and oppositions to writs of certiorari.
• Drafted numerous briefs in federal and state appellate courts, including in United States v. Martha Stewart, and in Janssen v. Armond, and related cases, in which the Mississippi Supreme Court reversed its prior approach to joinder and dramatically reduced the availability of mass trials.
• Secured dismissal of environmental class action RICO claim against a meat producer and its CEO, and obtained affirmance on appeal in the 11^th Circuit.
• Represented a high-ranking federal government official in a Bivens action alleging violation of certain constitutional rights; obtained a favorable decision from an en banc panel of the US Court of Appeals for the Second Circuit.
• Founded and taught the O’Melveny-UCLA Ninth Circuit Clinic, in which UCLA law students and O’Melveny lawyers work together to brief and argue pro bono appeals in the Ninth Circuit; during three academic years, the clinic handled 18 appeals involving, among other things, immigration law and civil rights claims.

Anti-Corruption

• Have counseled U.S. and international companies on conducting business internationally in a manner consistent with the Foreign Corrupt Practices Act and other applicable anti-corruption laws, including conducting due diligence as part of mergers and acquisitions and internal reviews, investigating allegations of wrongdoings and making disclosures to the Justice Department and SEC, and obtaining formal and informal reviews by and approval from US and foreign officials.
• Acted as chief counsel to the Independent Compliance Consultant engaged by Schnitzer Steel Industries, Inc. (SSI) as part of its settlement with the DOJ and SEC.  Conducted a top-to-bottom review of SSI’s compliance programs with regard to anti-corruption issues; analyzed SSI’s policies and procedures and conducted interviews of senior management and business partners in different countries around the world.
• Have created and implemented compliance programs for multinational companies designed to prevent violations of law and company policy, while harmonizing multiple regimes and privacy considerations.

Anti-Money Laundering/Sanctions

• Advised several diversified financial institutions, including some of the world’s largest, regarding AML compliance, working with regulators in responding to audits and investigations, and assisting in developing media and Congressional strategies as needed.
• Served as part of defense team that successfully negotiated a deferred prosecution for a financial institution regarding lapses in its AML program.
• Represented major broker-dealer in NASD inquiry regarding the adequacy of its anti-money laundering compliance programs.
• Represented individual officers and employees of a major international financial institution in connection with interviews conducted by Independent Monitor imposed in a large AML settlement.
• Advised multinational oil and gas companies concerning compliance with U.S. sanctions regimes; conducted internal investigations regarding compliance.
• Advised international financial institutions regarding compliance with U.S. sanctions regimes

Counseling

• Provided Fortune 100 companies with constitutional advice and white papers on proposed legislation and lawsuits concerning their products and historical conduct.
• Provided constitutional advice concerning proposed asbestos legislation in U.S. Congress and multiple state legislatures.
• Prepared white papers in connection with proposed telecommunications merger.
• Advised citizens’ group on the constitutionality of various proposals concerning the future status of Puerto Rico.
• Advised Fortune 50 company regarding lobbying and consulting policy.

International

• Represented the Special Committee of a Brazilian technology/telecommunications company in an internal investigation of a whistleblower’s allegations that senior management had been complicit in bribery of Brazilian government officials.
• Acted as Secretary to the Tribunal in Methanex v. United States, the NAFTA/ICSID arbitration.
• Represented US citizens in responding to foreign arrest warrants and in providing and obtaining evidence in foreign countries; represented US witnesses testifying before Italian and Belgian magistrates; has taken testimony before a Swiss magistrate for use in US court.
• Developed proposed rule for use of scientific evidence for the International Criminal Court.

Note: Partner in affiliated entity