Walter H Hawes IV

Walter Hawes is an associate focused on representing clients in white-collar criminal matters, complex commercial disputes, and appeals.  He litigates in a variety of federal and state forums, including the U.S. Supreme Court, federal courts of appeals—among them the Fifth, Ninth, Federal, and D.C. Circuits—and a host of federal and state trial courts, including the Delaware Court of Chancery and New York’s Commercial Division.  Mr. Hawes also represents clients in criminal and civil investigations brought by the Department of Justice, the Securities and Exchange Commission, and other federal and state regulators.   

Mr. Hawes’s advocacy skills show in both his written and in-person work product.  From pre-complaint analysis through trial and final appeal, Mr. Hawes advances his clients’ interests in every phase of the case.  In high-stakes criminal matters, Mr. Hawes advises clients targeted by government investigations and regularly presents to the Department of Justice.  In court, Mr. Hawes frequently drafts complex dispositive motions and appellate briefs.  He also handles numerous procedural, evidentiary, and discovery motions. 

Mr. Hawes has participated in numerous arguments and oral presentations on behalf of his clients, including to the U.S. Solicitor General’s Office and other high-ranking decision-makers.  Strong advocacy has led to results, as Mr. Hawes has helped secure numerous victories, ranging from favorable settlements and non-prosecution agreements to complete dismissal of claims at the trial level and complete reversal of unfavorable decisions on appeal. 

Prior to joining MoloLamken, Mr. Hawes served as a law clerk to the Honorable Richard J. Leon of the United States District Court for the District of Columbia and Chief Judge Timothy M. Tymkovich of the United States Court of Appeals for the Tenth Circuit.  Clerking for federal judges with over 35 years of combined experience contributed greatly to Mr. Hawes’s practice.  As a result, Mr. Hawes appreciates what principles matter to decision-makers and influence the outcome of cases.  That insight helps him litigate dispositive issues effectively, while avoiding ancillary disputes that waste time and resources.  Mr. Hawes previously worked as a litigation associate at Davis Polk & Wardwell LLP in New York City.

Representative Matters

White Collar Criminal and Regulatory Matters

• Members of management and employees of an automobile parts manufacturer in DOJ criminal fraud investigation
• CEO and small business owner in Seventh Circuit appeal of wire fraud, mail fraud, and money laundering convictions
• A major global financial institution in resolving criminal and civil regulatory investigations stemming from RMBS-related allegations in the wake of the 2008 financial crisis
• A major auditing firm and individual principals in resolving regulatory investigations concerning alleged violations of the Sarbanes-Oxley Act
• A major healthcare company in resolving regulatory antitrust inquiry
• Chief Compliance Officer of a global cryptocurrency company in investigations by DOJ, SEC, CFTC, and FinCEN
• Senior banker at a global financial institution in DOJ investigation into foreign bribery, tax evasion, and money laundering allegations
• Senior members of management at a major research company in criminal investigation into potential violations of the Animal Welfare Act

Complex Commercial Litigation and Investigations

• A committee of the board of directors of a leading social media company in investigating of alleged breaches of fiduciary duties in Delaware Court of Chancery
• A venture capital firm in investigating potential corporate wrongdoing and potential breach of fiduciary duties claims against a Delaware biopharmaceutical company
• Individual directors of a REIT in defending breach of fiduciary duties allegations in Delaware Court of Chancery
• Multiple investment firms in separate trust instruction proceedings regarding RMBS trusts
• A multinational entertainment company in commercial land-use dispute

Appeals

• A telecommunications company in successfully obtaining reversal of decision dismissing multibillion-dollar False Claims Act suit arising from corruption of Federal Communications Commission spectrum auctions
• Associated investment firms in Ninth Circuit appeal regarding alleged Sherman Act violations
• An engineering company in successful advocacy before the U.S. Solicitor General’s office and the U.S. Supreme Court
• A major biopharmaceutical company in advocacy before the U.S. Solicitor General’s office and the U.S. Supreme Court
• A major energy company in successful advocacy before the U.S. Supreme Court
• An electrical power company in a Federal Circuit patent infringement appeal

Recent Publications

• Investigating While Under Investigation: Protecting Privilege and Confidentiality in Internal Investigations, Corporate Counsel (July 24, 2023) (with Eric R. Nitz)

• USA: Trends and Developments, Chambers and Partners International Fraud & Asset Tracing 2023 Guide (May 2023) (with Steven Molo, Robert Kry, and Megan C. Church)
• New DOJ policy adds choice and complexity to the decision to self-report, Financier Worldwide (May 2023) (with Megan C. Church)
• Into the Breach: How to Prepare for and Respond to Corporate Leaks, Bloomberg Law (May 24, 2022) (with Justin V. Shur and Eric R. Nitz)