Alice S. Fisher

  • Partner
  • Ealice.fisher@lw.com
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA
  • T +1.202.637.2232
  •  
 

Profile

Alice Fisher is a partner in Latham’s Washington, D.C. office and a member of the firm’s Executive Committee. She focuses her practice on white collar criminal investigations and internal investigations, and advises clients on a range of criminal matters and civil government enforcement matters.

Ms. Fisher has significant experience with corporate investigations and enforcement matters and frequently provides strategic counsel to corporations on managing the legal risks of operating in a global economy. She has particular experience in:

  • International criminal matters relating to alleged bribery under the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, economic and export sanctions, and other cross border investigations
  • Criminal and civil fraud matters such as healthcare fraud, accounting and securities fraud, and procurement fraud
  • Government enforcement inquiries and investigations in front of the US Department of Justice (DOJ), including the Drug Enforcement Administration (DEA), the Securities and Exchange Commission (SEC), the Consumer Fraud Protection Bureau, and Congress

From 2005-2008, Ms. Fisher served as assistant attorney general in charge of the Criminal Division of the US DOJ. As assistant attorney general, Ms. Fisher led more than 750 attorneys and staff responsible for federal criminal enforcement policy as well as handling criminal matters in federal courts across the country in all areas of federal criminal law enforcement.

Under her leadership, the Criminal Division pursued a broad array of federal criminal investigations and prosecutions, with particular focus on corporate fraud matters, including securities fraud, procurement fraud, financial institution fraud, anti-money laundering, healthcare fraud, computer hacking and cyber security, national security, as well as US-domestic and international corruption.

Ms. Fisher also chaired the National Procurement Fraud Task Force, supervised the Medicare Fraud Strike Force, and served as a member of the President's Corporate Fraud Task Force.

She handled various transnational and multinational law enforcement operations and policies, including bilateral agreements and treaties involving information sharing and global criminal enforcement initiatives. Representing the DOJ in front of Congress, Ms. Fisher testified on criminal enforcement policies and served on the Federal Criminal Rules Committee.

Ms. Fisher previously held other positions in government, including deputy special counsel to a US Senate Special Committee.

Ms. Fisher has published articles and spoken on criminal law topics such as the criminalization of corporate conduct, the FCPA, healthcare and procurement fraud, the False Claims Act, the US criminal enforcement environment, public corruption and the honest services statute, financial crime in the financial services industry, securities fraud, identity theft, cybercrime, and national security. She is also an elected member of The American Law Institute.

Experience

Ms. Fisher’s recent experience includes the representation of:

  • Multiple global pharmaceutical companies in SEC and DOJ FCPA investigations resulting in settlement resolutions and declinations of prosecutions
  • A global payments company in criminal and civil investigations relating to consumer fraud, BSA, and anti-money laundering regulations, resulting in global settlement with DOJ, FTC, and FinCen
  • A global financial institution in FCPA and anti-corruption investigations, including advice to the Board and conducting a global risk assessment
  • A pharmaceutical company in a criminal and civil investigation relating to misbranding and anti-kickback compliance
  • A global pharmaceutical company in an investigation involving the World Bank
  • A global manufacturing company in investigations responding to whistleblower allegations involving alleged bribery
  • Several global manufacturing companies in criminal corruption investigations and obtaining two declinations of prosecution
  • A government contracting company in internal investigations relating to billing and corruption issues
  • A global financial institution relating to international internal and DOJ investigations involving sanctions and anti money laundering issues
  • A hospital chain in national civil and criminal healthcare fraud investigations
  • A private equity group in an accounting fraud investigation
  • A hospital chain in civil qui tam litigation involving anti-kickback statute and billing issues, and successfully obtaining DOJ’s decision not to intervene
  • Several individuals in criminal investigations involving issues relating to campaign finance and corruption
  • A global chemical company in a US$90 billion false claims action resulting in a court order of dismissal
  • A consulting company involved in a criminal investigation involving national security issues
  • A foreign oil services company in US criminal investigation involving corruption allegations, resulting in a declination
  • A foreign oil services company relating to criminal investigation and resolution involving violations of economic sanctions

Thought Leadership

  • CFTC Enters the Market for Anti-Corruption Enforcement -  March 20, 2019
  • Second Circuit Reinforces FCPA’s Jurisdictional Limits -  August 29, 2018
  • Government Gatekeeper? DOJ Memo Encourages Dismissal -  February 01, 2018
  • Tax Act Changes Deductibility of False Claims Act Payments -  January 22, 2018
  • DOJ Expands and Codifies Policy Incentivizing Corporations to Voluntarily Self-Disclose FCPA Violations -  November 30, 2017
  • Deputy Attorney General Announces Comprehensive Review of DOJ Corporate Enforcement Policies -  October 12, 2017
  • Committee on Foreign Investment in the United States – Key Questions Answered On CFIUS -  May 05, 2017
  • Overview of the CFIUS Process -  May 05, 2017
  • U.S. Supreme Court: Dismissal Not Mandatory for False Claims Act Seal Violation -  February 01, 2017
  • US Department of Justice Guidance Seeks to Encourage Voluntary Self-Disclosure of Export Controls and Sanctions Violations -  November 14, 2016
  • Perspective on Ground-Breaking Settlement Between Pacira and the FDA -  February 08, 2016
  • CFPB Enforcement Update -  February 04, 2016
  • Lessons From Latham & Watkins’ Representation of Pacira Pharmaceuticals in Ground-Breaking Settlement With FDA -  January 05, 2016
  • What To Do When You Are Served With a Search Warrant -  December 16, 2015
  • DOJ Guidance Prioritizes Individuals in Criminal and Civil Corporate Enforcement Actions -  September 15, 2015
  • DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions -  January 09, 2015
  • CFPB Enforcement by the Numbers -  December 22, 2014
  • How to Protect Attorney-client Privilege in Internal Investigations -  December 11, 2014
  • How to Respond to CFPB Civil Investigative Demands -  July 22, 2014
  • Avoiding FCPA Landmines -  July 01, 2012
  • Online Gambling: The Geolocated Road Ahead -  April 24, 2012
  • CFIUS Annual Report for 2010 Offers Insights into National Security Review of Foreign Investment into the United States -  December 12, 2011
  • Corporate Officers To Be Prosecuted for Corporate Violations of The Food, Drug, and Cosmetic Act Without Knowledge of Criminal Conduct -  August 24, 2011
  • Mission Impossible? With a Proven Track Record Combating Procurement Fraud, The National Procurement Fraud Task Force Takes on a New Mission: Recovery Act and Other Financial Fraud -  August 23, 2010
  • A Tale of Two Clawbacks: The Compensation Consequences of Misstated Financials -  August 10, 2010
  • Analyzing the Past and Future of the National Procurement Fraud Task Force in Light of Its Expanded 2010 Mission -  June 1, 2010
  • Shadowing the States -  April 26, 2010
  • US Department of Justice Announces Stepped-Up Criminal Enforcement of Foreign Corrupt Practices Act Against Pharmaceutical Industry -  November 24, 2009
  • Britain Issues Guidance to Corporations Regarding Overseas Corruption Disclosures -  September 1, 2009
  • DHL Settles US Trade Controls Violations: Millions in Fines and a Third-Party Consultant Reflect the Continuing Trend of Aggressive Enforcement -  August 18, 2009
  • Government Contracting Scrutiny: A Commission’s Report and FERA Significantly Increase the Potential Exposure of Government Contractors to Enforcement Action -  July 1, 2009
  • Recently Announced Interagency Medicare Fraud Initiative Expands Ongoing Enforcement Activity -  June 8, 2009
  • TARP Special Inspector General Introduces New Initiatives Targeting Recipients of TARP Funds -  February 9, 2009
  • New Disclosure, Ethics and Internal Controls Requirements for US Government Contractors -  November 17, 2008
Sources praise Alice Fisher as “someone with a lot of knowledge, experience and very good judgment,” adding that “as a former high-ranking DOJ official she brings a lot of credibility and has excellent strategic thinking skills.”Chambers USA 2018
Bar Qualification
  • District of Columbia
  • Virginia
Education
  • JD, Catholic University of America, Columbus School of Law, 1992
  • BA, Vanderbilt University, 1989
Industries
  • Aerospace, Defense & Government Services
Practices
  • White Collar Defense & Investigations
  • Litigation & Trial Practice
  • Dodd-Frank & The Consumer Financial Protection Bureau
  • Securities Litigation & Professional Liability
  • False Claims Act