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Image: Jay Darden

Jay Darden

Partner, Litigation Department

Overview

John S. (Jay) Darden is a partner in the Investigations and White Collar Defense practice at Paul Hastings and is based in the firm’s Washington, D.C. office. 

Jay has practiced law for over 25 years, both as a defense attorney and a federal prosecutor. He has been named “MVP for White Collar” by Law360 (2023), and he has repeatedly been recognized in Chambers USA, Chambers Global and Legal500/Latin America, where clients have described him as:

  • a very sophisticated and strategic lawyer
  • great in front of boards
  • "very results oriented"
  • "fantastic people skills"
  • great ability to distill a complex situation into something that the client can manage effectively

Jay has been recognized as a "Litigation Star" by Benchmark Litigation USA 2025, is listed in Latin Lawyer 250 and Who’s Who Legal: Investigations and has been named as a Washington D.C. “Super Lawyer” every year since 2013.

Jay’s clients are typically companies, as well as executives and individuals, that are targets of high-risk investigations by the U.S. government for all manner of white-collar criminal and civil allegations, including bribery, false books-and-records, inadequate internal controls, securities fraud, accounting fraud, embezzlement, healthcare fraud and false claims, anti-kickback violations, tax fraud, export violations and false statements. Jay also conducts internal investigations for clients into these same types of allegations.

Over the last several years, Jay has defended a number of clients in investigations by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) under the Foreign Corrupt Practices Act (FCPA). Jay’s public, high-profile FCPA representations have included: ABB Ltd. (Switzerland); Braskem S.A. (Brazil); Embraer (Brazil); Alstom S.A. (France); TechnipFMC plc (U.K.); and Orthofix (U.S.). Jay also has been successful in obtaining DOJ and SEC declinations for FCPA-related clients, some of which are public and some of which are not.

Jay is recognized among the top lawyers with both the most public FCPA representations and the most public FCPA declinations, a rare combination.

Jay also assists companies by coordinating U.S. investigations with parallel corruption investigations by foreign authorities. Paul Hastings’ experience in this area is unmatched.

Jay also provides clients with anti-corruption compliance advice and represents companies in connection with both DOJ/SEC-appointed monitorships and self-monitorships.

In part based on Jay’s FCPA work, over the last several years Paul Hastings has received numerous recognitions in the legal press, including “Most Important Development of the Year” by Global Investigations Review (2023), “Compliance Group of the Year” by Law360 (2023, 2022, 2020), “White Collar Group of the Year” by Law360 (2022, 2021), “Most Impressive Investigations Practice of the Year” by Global Investigations Review (2021, 2017) and “Global Dispute of the Year/Latin America” by The American Lawyer (2017).

As a prosecutor at DOJ, Jay served as an assistant chief of the Criminal Division’s Fraud Section, where he worked on healthcare fraud and anti-kickback violations, FCPA, bank fraud, insurance fraud, money laundering and false statement matters. During his time at DOJ, Jay tried multiple cases to verdict. In addition, he trained prosecutors and federal agents in healthcare fraud matters at the Justice Department’s National Advocacy Center. For his work as a prosecutor in healthcare fraud matters, Jay received the Attorney General’s Award for Distinguished Service.

Prior to attending law school, Jay worked on Capitol Hill for three years as an aide to former U.S. Senator Sam Nunn of Georgia.

Accolades

  • Recognized by Benchmark Litigation as a Litigation Star
  • Recognized by Chambers USA for Nationwide FCPA
  • Recognized by Chambers Global for FCPA
  • Recognized by Chambers USA for Litigation: White Collar Crime & Government Investigations
  • Recommended by Legal 500 for Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals

Education

  • University of Virginia School of Law, J.D., 1999 (Managing Editor, Virginia Law Review)
  • Washington and Lee University, B.A., Politics, cum laude, 1993

Representations

In Private Practice

  • Lead and co-lead counsel in defense of multiple publicly-traded companies in high-profile FCPA resolutions of DOJ, SEC, and overseas investigations involving conduct in the Bahamas, Brazil, Egypt, Equatorial Guinea, Germany, Ghana, Indonesia, Saudi Arabia, South Africa, Switzerland, Taiwan, and other countries.
  • Lead and co-lead counsel conducting internal investigations for multiple public and non-public companies into possible FCPA violations in Argentina, Brazil, China, Qatar, Malaysia, Mexico, Thailand, Venezuela, and other countries.
  • Lead and co-lead counsel securing declinations from DOJ and/or SEC in FCPA investigations involving conduct in Afghanistan, Brazil, China, Mexico, and other countries.
  • Co-lead counsel representing public company and independent board members in investigation allegations of massive accounting fraud arising out of short-seller report.
  • Co-lead counsel representing public company individual executives in accounting and securities fraud investigations by DOJ and SEC.
  • Co-lead counsel representing company in DOJ investigation of potential Anti-Kickback violations and healthcare fraud.
  • Lead counsel representing individual executives and employees in DOJ, HHS-OIG, and State Attorneys General investigations of potential Anti-Kickback violations.
  • Lead counsel representing overseas executives of public company in DOJ environmental crimes investigation.
  • Lead and co-lead counsel representing companies based in the U.S., Brazil, France, and Switzerland in connection with worldwide anti-corruption compliance monitorships and self-monitorships imposed as part of the resolution of FCPA investigations.
  • Lead counsel representing numerous executives and employees individually in DOJ and SEC investigation of alleged FCPA violations.
  • Lead counsel representing founder of private company in investigations by DOJ and the Department of Commerce (BIS) for alleged export violations.
  • Lead counsel representing a reporter subpoenaed by the DOJ for testimony and documents identifying confidential sources.
  • Lead counsel representing public company board members and executives, and employees of a private equity company in DOJ and SEC investigation of alleged securities and accounting fraud.
  • Lead and co-lead counsel representing companies and individual executives and employees under investigation for alleged violations of the False Claims Act and Anti-Kickback statute.

In Government

  • Lead counsel in the prosecution of worldwide FCPA violations by a non-U.S. company resulting in corporate deferred prosecution agreements, corporate guilty pleas, combined criminal and civil penalties of $185 million, and a three-year monitorship of the parent company’s FCPA compliance program and related internal controls, and books and records.
  • Co-lead counsel in an investigation of allegations of fraud in connection with post-disaster claims under the National Flood Insurance Program.
  • Lead prosecutor in Medicare Fraud Strike Force take-downs of over 45 health care fraud defendants, and in charge of supervising investigations, grand jury presentations, plea negotiations, and trials.
  • Lead counsel in an investigation of nationwide anti-kickback violations by the sales force of a publicly-traded pharmaceutical company.

Matters may have been completed before joining Paul Hastings.

Engagement & Publications

Jay is a frequent writer and speaker on white-collar issues. Recent speaking engagements and articles include:

  • Co-panelist, "Boardroom In-House Counsel Roundtable," GIR/Latin Lawyer Anti-Corruption and Investigations - Mexico (2025)
  • Co-author, "New DOJ FCPA Guidelines Target Cases Linked to U.S. Strategic Interests," Paul Hastings Client Alert (2025)
  • Co-author, "Criminal Division White Collar Enforcement Plan: Turning the Page, Not Writing a New Book," Paul Hastings Client Alert (2025)
  • Co-author, "Keep Calm and Carry On: Thoughts on Recent Orders on FCPA Enforcement," Paul Hastings Client Alert (2025)
  • Presenter, “Financial Crimes,” International Law Institute (2024)
  • “FCPA Whistleblowers – Perspectives from the Defense and Plaintiffs,” PLI (2023)
  • Co-author, “Brazil’s Five-Year Anti-Corruption Plan: Takeaways for In-House Counsel and Anti-Corruption Lawyers,” Anti-Corruption Report (2021)
  • “Anti-Corruption Enforcement Proceedings in Brazil and the U.S.,” Brazil-US Under 40 White Collar Initiative (2021)
  • “Brazil’s Rising Enforcement and Fine Regime,” Forensic Risk Alliance Webinar (2021)
  • “Ethical Leadership and Economic Development: Ethics in Monitorships,” Laboratório Internacional do ComplianceLab (2020)
  • “Challenges and Opportunities: Views from the Defense Perspective,” Latin Lawyer-GIR Interactive Anti-Corruption & Investigations (2020)
  • “The Prosecutor’s Perspective: Interactive Compliance Seminar,” International Anti-Corruption Academy (2019)
  • “Anti-Corruption Panel Discussion,” ABA International Section Conference (2019)

Involvement

  • Past member, Law360 White Collar Editorial Advisory Board
  • Past member, Alumni Council, Washington & Lee University/Williams School
  • Class Manager, University of Virginia/School of Law

Practice Areas

Litigation

Anti-Corruption and FCPA

Life Sciences and Healthcare

Investigations and White Collar Defense

White Collar Defense


Languages

English


Admissions

District of Columbia Bar

Georgia Bar


Education

University of Virginia, School of Law, J.D. 1999

Washington and Lee University, B.A. 1993