David M. Chaiken

Email: dchaiken@chaikenghali.com

A former federal prosecutor, David Chaiken represents companies and individuals in white collar criminal matters, federal grand jury investigations, government enforcement actions, internal investigations, and complex civil litigation.

He is recognized as a top white collar defense and investigations lawyer by Chambers USA: America’s Leading Lawyers for Business, in which clients and colleagues describe him as “smart,” “very thorough and detail-oriented,” and “very hard-working.” U.S. News & World Report recognizes him not only for his white collar defense work, but also for his civil enforcement litigation expertise, including him in both categories in its annual Best Lawyers in America rankings.

Mr. Chaiken battles federal prosecutors and investigators across the country, securing favorable results for his clients. He also litigates complex civil disputes, typically involving fraud, breach of fiduciary duty, and securities and shareholder claims. Having tried numerous complex white collar cases to verdict, he poses a credible trial threat that can greatly benefit your negotiating position. Mr. Chaiken also leads corporate internal investigations on behalf of company management, Boards, and Board committees, bringing the credibility and integrity of a former U.S. Department of Justice prosecutor to the task.

Having served as a top white collar partner in an AmLaw 50 law firm, a federal prosecutor, and a law clerk to a federal trial judge, and having practiced in the Atlanta and San Francisco offices of elite global law firms, Mr. Chaiken has handled some of the most sophisticated white collar matters in the country over the past two decades and he brings a 360-degree perspective to analyzing and resolving your complex legal issues.

Prior to returning to private practice in December 2016, Mr. Chaiken was an assistant U.S. attorney in the Economic Crimes Section of the U.S. Attorney’s Office in Atlanta for nine years. In that position, he led all phases of the investigation and prosecution of corporate and white collar crimes ranging from tax evasion to public company accounting fraud, including high-profile insider trading cases and one of the largest law firm trust account embezzlements in U.S. history.

His work has been featured in The New York Times, The Wall Street Journal, The Los Angeles Times, Law360, Bloomberg, Forbes, The Atlanta Journal-Constitution and other local and national media, and he is frequently asked to comment on and speak on emerging white collar issues.

EDUCATION

  • Emory University School of Law, J.D., with honors, 2001
    • Notes & Comments Editor, Emory Law Journal
  • Colgate University, B.A., 1995

GOVERNMENT SERVICE

  • Assistant U.S. Attorney, Economic Crimes Section, U.S. Attorney’s Office for the Northern District of Georgia, 2007-2016
    • Member, Securities & Commodities Fraud Working Group
    • Coordinator, Computer Hacking and Intellectual Property (CHIP) Unit
  • Law Clerk, U.S. District Judge William C. O’Kelley, U.S. District Court for the Northern District of Georgia, 2001-2002

BAR & COURT ADMISSIONS

  • California
  • Georgia
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Tax Court
  • Georgia State Courts
  • California State Courts

RANKINGS & RECOGNITION

PUBLICATIONS & SPEAKING ENGAGEMENTS

Publications

Co-author, “How DOJ May Beat The White Collar Fraud Clock Post-COVID,” Law360, Nov. 19, 2021.

Co-author, “DOJ Launches Major Offensive Against Computer Hackers as U.S. Supreme Court Agrees to Hear Case That Could Limit Liability Under Federal Anti-Hacking Statute,” LexBlog, April 29, 2020.

Co-author, “Reining In Runaway Loss Calculations For Procurement Fraud,” Law360, Jan. 22, 2020.

Co-author, “DOJ Issues New Guidance on ‘Inability-to-Pay’ Claims in Corporate Criminal Resolutions,” Lexology, Oct. 10, 2019.

Co-author, “Potential New FCPA Enforcement Targets Come Into Focus,” Law360, Feb. 26, 2019.

Co-author, “How To Work With Regulators During Internal Investigations,” Law360, Dec. 14, 2018.

Co-author, “DOJ Issues New Policy Against Duplicative Fines & Penalties for Corporate Misconduct,” Lexology, May 11, 2018.

Co-author, “The Patriot: Remembering US District Judge William C. O’Kelley,” Daily Report, Jan. 22, 2018.

Co-author, “The Other Cyberthreat: Business Email Compromise Schemes,” Law360, Dec. 21, 2017.

Author, “DOJ Guidance Is Dead, Long Live DOJ Guidance,” Law360, Nov. 22, 2017. 

Author, “US Presidents Are Not Immune From Criminal Prosecution,” Law360, Aug. 1, 2017. 

Co-author, “Why Insider Benefit Is Irrelevant to Criminal Insider Trading,” Law360, May 19, 2017. 

Co-author, “DOJ Issues New Guidance on Corporate Compliance Programs,” Mondaq, Feb. 22, 2017.

Co-author, “11th Circ. Ruling May Affect Criminal Securities Fraud Cases,” Law360, Jan. 27, 2017.

Speaking Engagements

Panelist, “How to Respond When the Expert is Just Plain Wrong,” 2023 ABA Litigation Section Annual Conference, American Bar Association, April 19, 2023.

Moderator, “Investigative Interviewing Techniques,” Georgia Society of CPAs, 2022 Fraud & Forensic Accounting Conference, September 22, 2022.

Moderator, “A Conversation with Judge Walt Davis: Georgia’s New Statewide Business Court,” Troutman Sanders LLP, January 15, 2020.

Guest Instructor, “Charging Decisions, Charging Documents, and Corporate Criminal Liability,” Federal Prosecution Practice, Emory University School of Law, September 11, 2019.

Panelist, “The BSA Experience: A Deep Dive Into The Bank Secrecy Act And Knowing How To Comply,” Georgia Bankers Association, August 23, 2019.

Moderator, “Law Enforcement Cybersecurity Seminar,” Troutman Sanders LLP in conjunction with the FBI, U.S. Secret Service, and U.S. Department of Justice, May 22, 2019.

Moderator, “Law Enforcement Cybersecurity Seminar,” Troutman Sanders LLP in conjunction with the FBI, U.S. Secret Service, and U.S. Department of Justice, March 20, 2019.

Panelist, “Cross-Examination Perfected,” Emory Inn of Court, March 19, 2019.

Presenter, “Best Practices for Conducting Internal Investigations,” Continuing Legal Education, March 12, 2019.

Moderator, “The Board’s Role in Overseeing Cybersecurity Exposure,” Troutman Sanders Annual Public Company Seminar, November 13, 2018.

Panelist, “Anti-Money Laundering – Detection and Defense,” Georgia Association of Certified Fraud Examiners, Annual Conference, November 1, 2018.

Panelist, “Failure to Prevent,” Anti-Corruption & Compliance Issues, New York State Bar Association, International Section, June 12, 2018.

Moderator, “2018 SEC Enforcement Priorities, Trends, and Best Practices,” Atlanta Bar Association, Securities & Corporate Litigation Sub-Section, March 27, 2018.

Panelist, “Disruptive Innovation in Criminal Defense: Demanding Corporate Criminal Trials,” 2017 Law Review Symposium, Mercer University School of Law, Oct. 6, 2017.

Presenter, “Best Practices for Conducting Internal Investigations,” Continuing Legal Education, July 25, 2017.

Presenter, “Compliance and the Changing Political Landscape,” 10th Annual Best Practices Workshop, The Atlanta Compliance & Ethics (ACE) Roundtable, May 4, 2017.

Presenter, “Anti-Money Laundering/Bank Secrecy Act Compliance Training,” Continuing Legal Education, April 12, 2017.

Presenter, “Insider Trading: Recent Developments,” Advanced Securities Law Seminar, State Bar of Georgia Institute of Continuing Legal Education, Feb. 15, 2017.

Presenter, “The Yates Memo: The Potential Impact on White Collar Criminal Investigations and Individual Prosecutions,” Regional Compliance & Ethics Conference, Society of Corporate Compliance and Ethics, June 10, 2016.

Instructor, Kessler-Eidson Trial Techniques Program, Emory University School of Law, Spring 2016, 2013.

Panelist, “Trends in Coordinated Parallel Investigations,” Fraud Against the Government and SEC Whistleblower Actions Training, Emory University School of Law, Feb. 18, 2016.

Panelist, Cyber Security Seminar, Cobb County Chamber of Commerce, March 19, 2015.

Panelist, “Taking Manageable (Giga)Bytes: Tips for Managing Regulatory Enforcement Interactions in a Digital Age,” Association of Corporate Counsel in conjunction with Paul Hastings LLP, Jan. 29, 2015.

Presenter, “Fraudulent Financial Reporting and Insider Trading,” Open World Leadership Center, Friendship Force International, Atlanta Chapter, Sept. 18, 2014.

Panelist, “Legal Trends in Criminal Cases,” Southeastern Securities Conference for Regulators, Prosecutors, and Investigators, June 26, 2014.

Guest Instructor, “Perjury, False Statements, and Obstruction of Justice,” White Collar Crime, Georgia State University School of Law, Feb. 2, 2014.

Panelist, “What Happens When the Government Surfaces During Your Civil Litigation?” Atlanta Bar Association, Securities & Corporate Litigation Sub-Section, May 30, 2013.