Due process

Protecting constitutional rights in government amnesty agreements
When the US Department of Justice Antitrust Division abruptly and unilaterally terminated an amnesty agreement with Stolt-Nielson S.A. (the world's largest chemical tanker operator), White & Case defended Stolt against the resulting criminal antirust indictment by bringing the fight back to the government. Arguing that the government violated Stolt's due process rights, White & Case convinced a federal court to dismiss the indictment in this landmark case, setting the precedent for defendants' rights in criminal amnesty agreements.

Protecting due process in dawn raids
On behalf of Nexans, White & Case secured the first ever (partial) annulment of a European Commission dawn raid for lack of probable cause (fishing expedition). In this case, White & Case also launched before the European Court of Justice the first ever challenge of the European Commission’s power to continue an inspection at their premises, and contributed to setting the law in this area. White & Case managed to secure another (partial) annulment of a dawn raid decision on behalf of Intermarché Casino Achats. In the same case, White & Case brought the first ever challenge of the European Commission’s inspection powers under Regulation 1/2003. Though the Court confirmed the validity of Regulation 1/2003, it also indicated that companies subject to an inspection can appeal, pursuant to Article 263 TFEU, "any measures [taken during the inspection] which produce binding legal effects such as to affect the interests of an applicant by bringing about a distinct change in his legal position". The Court's ruling therefore confirmed that any breach of a company's rights during an inspection may be immediately challenged before the GC, for example, a violation of the right to privacy or of the protection against self-incrimination. This is a great victory for due process.

Protecting the right to confrontation in class actions
The First Circuit's groundbreaking ruling for Allergan/Warner Chilcott in the Asacol antitrust litigation advanced the protection of a defendant's constitutional rights in class actions, and has been relied on as precedent in the First Circuit and beyond to reject class certification where those rights are at stake.

Protecting constitutional rights at trial
Criminal charges of wire fraud, honest services fraud and conspiracy to commit wire fraud were reversed for our client Donna M. Ackerly after we successfully moved with the trial court for a new trial, on the grounds that the government violated her Sixth Amendment right to confront testimonial evidence that was used against her. The First Circuit affirmed the trial court's decision.

Protecting due process in administrative enforcement actions
After the landmark jury trial win in SDNY defeating the US DOJ Antitrust Division (US v. Usher), London-based client Richard Usher, lead Foreign Exchange trader for JPMorgan Chase, faced further US legal action aimed at banning his trading privileges for life from the federal banking regulator's Office of the Comptroller of the Currency (OCC), an independent agency within the US Department of the Treasury. By highlighting the due process concerns the OCC's action raises, Mr. Usher successfully winnowed the OCC's case, eliminating any notion of misconduct and culpability, which brings a substantial challenge to the OCC's case.