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 & Watkins' Washington, D.C. office and is a member of the firm's Executive Committee. She focuses her practice on white collar criminal investigations, internal investigations, and advises clients on a range of criminal matters, including:

  • 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, the Securities and Exchange Commission, the Consumer Fraud Protection Bureau, and Congress

Ms. Fisher's practice focuses on corporate investigations and enforcement matters and provides strategic counsel to corporations on managing the legal risks of operating in a global economy.

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 multi-national 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.

As a litigation partner at Latham from 2003 2005 and prior to 2001, Ms. Fisher represented both individual and corporate clients in grand jury, agency, and congressional inquiries involving allegations of securities and bank fraud, healthcare fraud, the FCPA, criminal antitrust matters, OFAC sanctions, and procurement fraud. She has also represented clients in a number of complex civil and regulatory litigations. 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.

Experience

Ms. Fisher's recent experience includes representation of:

  • Global pharmaceutical companies in SEC and DOJ FCPA investigations resulting in settlement resolutions and declinations of prosecutions 
  • A foreign oil services company in US criminal investigation and compliance efforts resulting in a declination 
  • Several global manufacturing companies about maintaining FCPA compliance and obtaining two declinations of prosecution 
  • A retail pharmacy and distribution chain in a DEA investigation into distribution and sale of controlled substances 
  • A government contracting company in internal investigations relating to billing issues 
  • A global financial institution relating to international internal investigations 
  • A hospital chain in civil and criminal health care fraud investigations 
  • A private equity group in an accounting fraud investigation

Thought Leadership

  • Government Gatekeeper? DOJ Memo Encourages Dismissal -  01 February 2018
  • Tax Act Changes Deductibility of False Claims Act Payments -  22 January 2018
  • DOJ Expands and Codifies Policy Incentivizing Corporations to Voluntarily Self-Disclose FCPA Violations -  30 November 2017
  • Deputy Attorney General Announces Comprehensive Review of DOJ Corporate Enforcement Policies -  12 October 2017
  • Committee on Foreign Investment in the United States – Key Questions Answered On CFIUS -  05 May 2017
  • Overview of the CFIUS Process -  05 May 2017
  • U.S. Supreme Court: Dismissal Not Mandatory for False Claims Act Seal Violation -  01 February 2017
  • US Department of Justice Guidance Seeks to Encourage Voluntary Self-Disclosure of Export Controls and Sanctions Violations -  14 November 2016
  • Perspective on Ground-Breaking Settlement Between Pacira and the FDA -  08 February 2016
  • CFPB Enforcement Update -  04 February 2016
  • Lessons From Latham & Watkins’ Representation of Pacira Pharmaceuticals in Ground-Breaking Settlement With FDA -  05 January 2016
  • What To Do When You Are Served With a Search Warrant -  16 December 2015
  • DOJ Guidance Prioritizes Individuals in Criminal and Civil Corporate Enforcement Actions -  15 September 2015
  • DOJ Guidance Underscores Importance of Anti-corruption Due Diligence in International M&A Transactions -  09 January 2015
  • CFPB Enforcement by the Numbers -  22 December 2014
  • How to Protect Attorney-client Privilege in Internal Investigations -  11 December 2014
  • How to Respond to CFPB Civil Investigative Demands -  22 July 2014
  • Avoiding FCPA Landmines -  01 July 2012
  • Online Gambling: The Geolocated Road Ahead -  24 April 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 -  24 November 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