Keith M. Rosen
Head of Risk Advisory, United States
Norton Rose Fulbright US LLP
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Keith M. Rosen is a partner in Norton Rose Fulbright's Washington, DC office and is the US Head of Risk Advisory.
He is an experienced trial and appellate advocate whose practice focuses on white collar criminal defense, internal corporate investigations, Congressional investigations, and Foreign Corrupt Practices Act (FCPA) compliance. He also defends companies and their executives in connection with False Claims Act investigations and litigation.
As the Head of our Risk Advisory practice in the United States, Keith helps lead a global team that incorporates legal and non-lawyer expertise to provide clients with a holistic, strategic approach to compliance risk management. As a litigator, he has advised and defended companies (both in the US and overseas), as well as their officers and directors, on a broad range of civil, criminal, Congressional, and regulatory matters. Keith has handled cases involving health care fraud, securities fraud, insider trading, public corruption, export enforcement, tax fraud, and economic espionage. He has also litigated complex issues involving classified information under the Classified Information Procedures Act (CIPA). Keith has successfully tried numerous criminal cases to verdict, and has briefed and argued many appeals.
Prior to joining us, Keith spent over ten years conducting investigations, litigating, and supervising federal criminal cases with the United States Department of Justice. From 1999 – 2005, he was an Assistant US Attorney, and from 2007 – 2012, he was the Chief of the Criminal Division for the US Attorney's Office for the District of Delaware. In that capacity, he managed the legal work of the Criminal Division and supervised all appeals in criminal cases before the US Court of Appeals for the Third Circuit.
JD, senior editor, Yale Law Journal, Yale Law School, 1997
AB, magna cum laude, Brown University, 1993
- District of Columbia Bar
- Pennsylvania State Bar
Risk Advisory and compliance advice
- Advised US and Canadian affiliates of major European infrastructure development and construction company in the design, development, and implementation of an anti-crime and anti-corruption compliance program, including a compliance risk assessment review and report.
- Advised one of Turkey's largest corporations regarding the development and implementation of an international compliance program, including anti-corruption and anti-money laundering advice, OFAC and EU sanctions advice as well as establishment of general compliance policies and procedures for the corporation and its subsidiaries.
- Advised global private equity firm on the development of compliance guidelines for the diligence of politically exposed persons as part of the firm's anti-money laundering program.
- Advised US commodities price reporting company in connection with compliance program gap analysis for IOSCO certification.
- Advised US private equity firm on anti-corruption issues in connection with multiple investments in South America.
- Advised global energy company on anti-corruption due diligence issues in connection with assets in Africa.
- Represented a major Turkish conglomerate in connection with designing and initiating an anti-corruption compliance program.
International Anti-corruption investigations
- Represented Chilean public company in connection with parallel US DOJ and SEC FCPA investigations, resulting in Deferred Prosecution Agreement.
- Represented US aerospace company in connection with criminal FCPA investigation. Case declined by the US DOJ with no charges brought.
- Represented chairman of Japanese company in connection with FCPA investigation and parallel civil and regulatory investigations.
White collar criminal defense and regulatory investigations
- Represented US public company in connection with criminal US DOJ/FDA inquiry into alleged misbranded nutritional supplements. Case resolved by Non-Prosecution Agreement.
- Represented Star Scientific, Inc., in connection with federal grand jury investigation that resulted in the prosecution of Virginia Governor Robert McDonnell. No charges brought against Star at the conclusion of the investigation.
- Represented Peruvian corporation in connection with civil asset forfeiture complaint. All seized funds were returned to the company by the US DOJ at the conclusion of the case.
- Represented CFO of US company investigated by the DOJ for alleged civil False Claims Act and FIRREA violations. No charges brought against the client at the end of the investigation.
- Represented employee of Japanese auto parts manufacturer in connection with criminal antitrust investigation. Case concluded with no charges brought against the client.
- Represented owner/operator of North Carolina gaming/amusements distributor in connection with illegal gambling investigation and prosecution. Charges against the owner were ultimately dismissed.
- Represented Texas healthcare provider in connection with parallel state and federal fraud investigations.
- Represented domestic energy company in connection with multijurisdictional securities fraud investigation concerning the sale of oil and gas prospects.
- Represented Silicon Valley public company in connection with multiple Congressional, regulatory, and State Attorney General inquiries relating to alleged data security and privacy violations.
- Represented multiple corporations and their senior executives in connection with Congressional investigations into the administration of the Department of Energy's loan guarantee program.
- Represented multiple bank executives in connection with investigation by Senate subcommittee.
National security / CIPA litigation
- Represented former State Department analyst charged under the Espionage Act with disclosing classified information to the press.
- Represented former AIPAC official charged under the Espionage Act. All charges dropped before trial.
- Co-author, "Deputy Associate Attorney General Stephen Cox Addresses DOJ's False Claims Act Enforcement Priorities and Regulatory Reforms," Norton Rose Fulbright Health Law Pulse, February 19, 2020
- Co-author, "DOJ recovers more than $2.6 billion from health care False Claims Act cases in FY 2019," Norton Rose Fulbright Health Law Pulse, January 21, 2020
- Co-author, "Non-US citizen convicted of violating the Foreign Corrupt Practices Act despite no practical ties to US," Norton Rose Fulbright Legal Update, January 2020
- Co-author, "DOJ provides additional insight on compliance and investigations matters," Norton Rose Fulbright Legal Update, November 12, 2018
- Co-author, "Self-Reporting Bribery – The Ongoing Dilemma," Practical Law PLC, Vol. XXIX, No. 7, August 2018
- Co-author, "When criminal liability attaches to a busted project," Project Finance NewsWire, October 2017
- "The US SEC Settles Claims Against Hitachi for Alleged Corrupt Payments to Obtain Contracts to Build South African Power Stations," Client Alert (Republished in Pratt's Energy Law Report Vol. 16-1), October 8, 2015
- "Will the OECD's Latest Report on Turkey Bring Criminal Liability for Turkish Companies?," Client Alert, February 17, 2015
- "The US Department of Justice Raises the Stakes for Misleading Statements on Product Safety," April 3, 2014
- "Brazil Kicks Off New Year with Clean Companies Act," Client Alert, February 24, 2014
- Panelist, "Just When I Thought I'd Seen Everything: Beyond Investigations 101," NRF Sixteenth Annual Health Law Symposium, Austin, TX, January 24, 2020
- Panelist, "Regulatory Investigations," NRF 2nd Annual Silicon Valley International Legal Conference, Menlo Park, CA, October 3, 2019
- Panelist, "The Benefits and Risks of Self-Disclosure of Corporate Wrongdoing to the U.S. Department of Justice and the Securities Exchange Commission," NRF Webinar Series for European Businesses, May 2, 2019
- Panelist, "Top 10 Things You Wish You had Known Before an Investigation," NRF Fifteenth Annual Health Law Symposium, Austin, TX, Jan. 24, 2019
- Panelist, "How European Companies Can Avoid, Mitigate, and Manage US Civil and Criminal Litigation Risk," NRF Roundtable Presentation Series (Paris, Frankfurt, and Amsterdam, November 2018
- Interviewed, FCPA Flash Podcast, September 9, 2018
- Panelist, "Setting Up Your Case for Appeal," NACDL's 10th Annual Defending the White Collar Case, Washington, DC, November 7, 2014
- "Introduction to Anti-Corruption Compliance and Planning," American Business Forum in Turkey, Istanbul, Turkey, October 24, 2014
- Member, International Bar Association
- Chief, Criminal Division, US Attorney's Office for the District of Delaware, 2007-2012
- Assistant US Attorney, Criminal Division, US Attorney's Office for the District of Delaware, 1999-2005
- Law clerk, the Honorable Edward R. Becker, US Court of Appeals for the Third Circuit, 1997-1998
Publication | September 16, 2020
Publication | August 31, 2020
Publication | July 9, 2020
Webinar | June 29, 2020