David M. Chaiken

David Chaiken is an Atlanta-based former federal prosecutor with more than 20 years of experience handling sophisticated financial fraud and securities matters. He represents companies and individuals in white collar litigation and investigations, complex business litigation, civil and criminal government enforcement actions, and corporate internal investigations.

Mr. Chaiken is recognized in Chambers USA: America’s Leading Lawyers for Business, The Legal 500, and The Best Lawyers in America as one of the preeminent lawyers in his field for government investigations, white collar defense, securities litigation, and U.S. Securities and Exchange Commission (SEC) enforcement matters. In connection with his SEC defense practice, The Best Lawyers in America recently selected him as its 2025 “Lawyer of the Year” in Atlanta for “Litigation: Regulatory Enforcement (SEC, Telecom, Energy).”

According to Chambers USA: America’s Leading Lawyers for Business, clients and colleagues describe him as “fantastic,” “smart,” “very thorough and detail-oriented,” “very hard-working,” and “a great teammate and partner” who provides “excellent legal advice.”

He applies the same commitment to excellence in his business disputes practice, in which he litigates complex civil cases in state and federal courts and alternative dispute resolution forums, typically involving fraud, breach of fiduciary duty, and securities and shareholder claims.

Mr. Chaiken has tried numerous white collar cases to verdict, including cases involving securities fraud, tax fraud, and healthcare fraud. He assists clients with multi-agency investigations across the country involving the U.S. Department of Justice (DOJ), SEC, and other state and federal regulators. He also regularly leads corporate internal investigations on behalf of companies, boards of directors, board committees, and other entities into alleged financial misconduct by directors, officers, and employees, bringing the credibility and integrity of a former DOJ prosecutor to the task.

Before co-founding Chaiken Ghali LLP, Mr. Chaiken was a top white collar partner in an AmLaw 50 law firm, served for nearly a decade as an Assistant U.S. Attorney in the Economic Crimes Section of the U.S. Attorney’s Office in Atlanta, practiced in the Atlanta and San Francisco offices of elite global law firms, and clerked for U.S. District Judge William C. O’Kelley of the Northern District of Georgia.

As an Assistant U.S. Attorney in Atlanta for almost ten years, Mr. Chaiken led all phases of the investigation and prosecution of corporate and white collar crimes through trial and appeal. Significant matters that he handled included one of the largest law firm trust account embezzlements in U.S. history, a public company accounting and securities fraud case, high-profile insider trading schemes, fraud and self-dealing by bank insiders, and a variety of sophisticated tax fraud, healthcare fraud, wire fraud, and public corruption cases. During his tenure with the DOJ, Mr. Chaiken regularly handled parallel proceedings with the SEC and served as a member of the DOJ’s Securities & Commodities Fraud Working Group.

In addition to his litigation and investigations matters, Mr. Chaiken has been retained to testify as an expert witness in both the United States and the United Kingdom on U.S. law and DOJ policies and procedures governing the investigation and prosecution of corporate and white collar crime.

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 outlets, and he is frequently asked to comment on emerging white collar issues.

Mr. Chaiken is admitted to practice law in Georgia and California.

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

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, “Pre-Indictment Issues; What is Your Advice,” Annual White Collar Crime CLE, Atlanta Bar Association, March 27, 2026.

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.