Kyle Clark's practice focuses on white collar criminal defense and complex commercial litigation both in the United States and before international arbitral tribunals.
Companies and individuals facing Justice Department and SEC investigations, as well as clients facing fraud, false claims act, false statements, money laundering and FCPA allegations, rely on Kyle's experience and guidance to represent them. He also supports companies in commercial arbitration matters stemming from complex financial transactions.
Kyle devotes significant time to defending and advising hospitals and physicians on criminal and civil investigations led by Justice Department prosecutors, relying on his legal experience with these matters and his network of health care connections developed.
He also serves on the board of a nonprofit, nonpartisan organization working to improve the administration of justice in the Washington, D.C. area alongside judges, prosecutors and other private sector lawyers and previously served as the Editor in Chief of the Annual Survey of White Collar Crime, a comprehensive guide to developments in the field of white collar crime.
When not practicing law, Kyle devotes his time to raising his two children with his spouse (a registered nurse practicing in the D.C. area), training for triathlons and sailing.
Criminal Defense & Government Investigations
- Physician: criminal investigation by U.S. Attorney's Office relating to medical necessity of cardiac procedures resulting in a declination
- Executive: prosecution by U.S. Attorney's Office relating to corporate hospitality offered during pendency of government contract
- Former government employee: false statement prosecution by U.S. Attorney's Office relating to matters involving granting of security clearance
- Former government employee: U.S. Congressional investigation and Inspector General investigation focused on handling of classified and sensitive but unclassified (SBU) information
- Accounting Partner: investigation by the Public Company Accounting Oversight Board (PCAOB)
- Fortune 500 executive: DOJ investigation under the FCPA and Sherman Antitrust Act
- Fortune 100 executive: DOJ and SEC investigations of suspected FCPA violations in Central America
- Fortune 500 executive: DOJ investigation of suspected FCPA violations in the Middle East
- Executive: SEC investigation of suspected FCPA violations in the Middle East
- Mining company: criminal investigation by U.S. Attorney's Office relating to compliance with environmental regulations
- Private energy company: conducted internal investigation and presented findings to both foreign and U.S. enforcement authorities resulting in an FCPA declination
Corporate Investigations & FCPA Compliance
- Conducted internal investigations and performed pre- and post- acquisition diligence and risk assessments throughout Asia, Africa, the Middle East and Europe relating to Foreign Corrupt Practices Act (FCPA) compliance
- Aerospace company: conducted internal investigation focused on participation in U.S. and foreign military sales involving controlled products
- Fortune 500 company: conducted compliance-focused risk assessments across Asia, Europe and South America
- Fortune 500 company: conducted compliance-focused risk assessments and acquisition due diligence on possible corporate targets, and revised existing compliance policies and procedures
- Fortune 500 company: revised existing compliance policies and procedures and provided prospective advice regarding interactions with foreign regulators
- Fortune 1000 company: conducted internal investigation focused on anti-bribery, books and records and internal controls matters impacting operations in Africa and the Middle East
- Fortune 1000 company: periodic assessment of compliance with FCPA and contractual obligations involving joint venture operation in Asia
- Fortune 1000 company: FCPA guidance relating to conduct of international joint venture partner and operations in Asia and Europe
- Fortune 1000 company: consulted on enhancements to global anti-corruption policies and procedures and training program
International Arbitration & Complex Business Litigation
- Asian telecommunications company: International Center for Dispute Resolution (ICDR) arbitration between Asian and North American companies involving alleged defective products/services with an amount in dispute of US$ 3.5 billion
- Investment fund: ICC arbitration between Bermuda and Malaysia companies involving alleged violations of Korean law with an amount in dispute of US$ 700 million
- Foreign broker-dealers: federal judicial forfeiture proceedings under 18 U.S.C. § 981 and 18 U.S.C. § 1960
- Fortune 500 executive: defense of class action litigation, derivative litigation and regulatory agency proceedings
- Fortune 100 company: advice regarding planned arbitration dispute in connection with multi-year LNG sales agreement
Awards & Community
Recognized as a Washington D.C. Super Lawyer-Rising Star (Thomson Reuters), 2014-2017
Selected by Global Investigations Review as one of “40 under 40” leading investigations lawyers in the world, 2017
Selected by Legal BisNow as one of the “30 Under 30” in Washington, D.C., 2008
Publications, Speeches & Presentations
Bloomberg Law's Securities Regulation & Law Report
Bloomberg's Corporate Law & Accountability Report
ABRAMED's 2nd Annual International Congress on Healthcare Compliance