DAVID SILVA is counsel in Sidley’s White Collar and Commercial Litigation and Disputes practices. David defends companies and their directors, officers, and employees in complex criminal and civil investigations, environmental government enforcement actions, and white collar matters. David frequently represents clients in issues arising out of the Foreign Corrupt Practices Act (FCPA), as well as the False Claims Act, financial reporting misstatements, regulatory fraud, environmental violations, and employee misconduct.
David has conducted numerous multinational investigations throughout Latin America, Africa, Europe, and Asia, and has presented findings to various federal and state agencies, including the DOJ, SEC, FBI, and EPA. He is a member of the Association of Certified Fraud Examiners and frequently advises clients on compliance, ethics, and data privacy matters. He has also successfully defended over a dozen cases in federal and state courts as lead counsel.
Recent matters include:
- Representation of The Human Rights Campaign and Human Rights Campaign Foundation to assist in an internal investigation related to the inclusion of the organizations’ president, Alphonso David, in the New York Attorney General’s report of the investigation of Governor Andrew Cuomo.
- Investigation and defense of a U.S. public company before the DOJ and SEC in relation to potential FCPA violations in several Latin American jurisdictions
- Representation of the audit committee of a private equity-backed cybersecurity company in an internal investigation of possible False Claims Act violations, vendor fraud, and employee misconduct
- Representation of a global pharmaceutical company in multiple anti-corruption, ethics, and compliance investigations in Europe, Africa, and Asia
- Successful defense and dismissal of a federal lawsuit filed against a privately held retailer for alleged violations of the Fair Credit Reporting Act
- Representation of a private equity-backed auto parts distributor in response to alleged violations of the Clean Air Act
Prior to joining Sidley, David’s matters included:
- Representation of a multinational retailer in an internal investigation regarding allegations of FCPA violations in Latin America and Asia in response to parallel DOJ and SEC investigations
- Investigation of allegations of document destruction and spoliation arising out of an internal investigation into the creation and deployment of illicit diesel emissions testing software in violation of the Clean Air Act
- Investigation and defense of a privately held Mexican pharmaceutical company following allegations of corruption received by U.S.-based distribution partner with contractual audit rights
- Representation of the CEO of a multinational metals and mining corporation in response to an SEC investigation, including preparation of Wells Submission and defense in follow-on enforcement action
- Representation of a U.S.-based pharmaceutical company in response to whistleblower allegations of violations of the FCPA, vendor fraud, and COFEPRIS sanitary regulations
- Representation of a U.S.-based telecom holding company in an investigation of ethics code violations within Argentine subsidiary
- Defense of a national credit-reporting agency, as lead counsel, in over a dozen federal lawsuits filed under the Fair Credit Reporting Act, including the successful dismissal or summary judgment of seven actions
David earned his J.D. from New York University School of Law, where he was the Associate Marden Competition Editor of the Moot Court Board. Prior to law school, he graduated magna cum laude from New York University with a B.A. in International Relations, Romance Languages (Spanish and French), and a minor in East Asian Studies (Mandarin).
David currently serves as the co-chair of the Dallas Associate Diversity & Inclusion Committee.