Brian L. Howard II
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037
Brian’s practice focuses on conducting internal investigations and defending clients in investigations brought by U.S. and international regulators and in related litigation.
Brian leverages his prior 10 years of progressive law enforcement experience as he routinely conducts complex, high-stakes investigations and defends corporate and individual clients in matters related to compliance with the U.S. Foreign Corrupt Practices Act (FCPA), securities and antitrust laws, procurement fraud, and other criminal laws and regulations. He regularly represents clients before various United States’ Attorneys Offices, the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and other regulatory bodies.
Brian’s practice also involves extensive risk mitigation and compliance counseling, including conducting risk assessments, developing and implementing risk management and compliance programs, training relevant stakeholders, and testing pre-existing programs for effectiveness. Brian advises clients on compliance risks associated with investments, acquisitions, and financings.
Brian is also the only associate member of the firm’s Electronic Discovery Task Force, focused on advising legal teams on the use of artificial intelligence and data analytics to efficiently and economically process large volumes of electronic data during the course of investigations or litigation.
Experience Highlights
Conducted internal investigation of multinational oil and gas company related to DOJ, SEC, and Brazilian “Operation Car Wash” FCPA investigation of Brazilian state-owned petroleum company, Petrobras
Defended U.S. energy services, technology, and research company in connection with DOJ and SEC FCPA investigation concerning Monaco-based company Unaoil; following internal investigation and presentations to regulators on company’s behalf, both DOJ and SEC closed their investigations with no action taken against client
Represent former high-level engineer of German automaker in connection with DOJ, EPA, CARB, and German investigation concerning the alleged concealment of illegal defeat devices designed to circumvent diesel emissions standards in violation of the Clean Air Act and similar European environmental laws
Represent current and former employees of pharmaceutical manufacturer in DOJ antitrust investigation concerning allegations of price fixing and market allocation in the generics pharmaceutical industry
Defended multi-billion-dollar defense contractor in DOJ criminal investigation relating to allegations of SBA fraud and bid rigging; client obtained criminal declination and favorable no-admit, no-deny civil settlement
Represent current and former employees of multinational investment bank and financial services company in DOJ, SEC, and FCA investigation of potential FCPA and securities violations related to sovereign loans made to South African nation
Defended former executive of non-profit charter school in related federal criminal investigation and civil litigation initiated by D.C.’s Office of the Attorney General concerning allegations of Medicaid fraud, theft, and improperly diverting funds from a not-for-profit corporation for personal benefit; all criminal charges were declined and a favorable civil settlement was reached
Assisted globally-focused SEC-registered investment advisor and private equity fund with the design and implementation of the fund’s, and 20 of its portfolio companies’, anti-corruption risk management policies and compliance programs; annually train directors, executives, employees, and agents regarding U.S. and foreign anti-corruption laws and risk mitigation strategies; conduct pre-acquisition/pre-investment anti-corruption due diligence; perform periodic audits of compliance with anti-corruption policies
Investigated allegations of potential FCPA violations by executive of investment held by prestigious U.S. research university; reviewed university’s anti-corruption compliance environment and data privacy practices
Defended former executive of U.S.-based oil exploration company in connection with DOJ investigation into alleged FCPA violations in West African country
Conducted anti-corruption focused due diligence in connection with 30 M&A transactions or investments
Performed 35 trainings regarding U.S. and global anti-corruption laws and risk mitigation strategies, for companies located in the U.S., Central and South America, Africa, Europe, and the Middle East
Credentials
- University of Michigan Law School, J.D. cum laude, 2013 (Contributing Editor, Michigan Law Review)
- American Military University, M.A., Criminal Justice, 2009
- American Military University, B.A., Criminal Justice with honors, 2006
- Member: American Bar Association; Bar Association of the District of Columbia; Virginia Bar Association
- Virginia
- District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. District Court for the District of Columbia
- Supreme Court of the United States
- The V&E ReportAugust 12, 2020
- Deals & CasesJuly 20, 2020
- Deals & CasesJune 15, 2020
- The V&E ReportJune 3, 2020
- Coronavirus: Preparation & ResponseJune 1, 2020
- Coronavirus: Preparation & ResponseMay 14, 2020
- Coronavirus: Preparation & ResponseApril 2, 2020
- The V&E ReportJanuary 16, 2020
- The V&E ReportOctober 30, 2019
- The V&E ReportJuly 24, 2019
- The V&E ReportJune 21, 2019
Published in Law360, June 24, 2019
- The V&E ReportMay 30, 2019
- The V&E ReportApril 3, 2019
- The V&E ReportMarch 7, 2019
- Managing the Modern WorkplaceJune 9, 2017
- Managing the Modern WorkplaceNovember 8, 2016
- Managing the Modern WorkplaceNovember 3, 2016
- “Responding to the Inevitable: Common Mistakes in Cyberattack Planning and Responses,” V&E Cybersecurity and Data Privacy Insights E-communication, June 14, 2017 (co-author)
- “The UK’s Serious Fraud Office Successfully Chips Away Privilege Protections in the Investigations Context,” V&E FCPA & Global Anti-Corruption Update E-communication, May 24, 2017 (co-author)