Preston Pugh
Partner – Crowell & Morning LLP

 

Description of field of expertise

Preston Pugh is a partner at Crowell & Moring. He has extensive experience in conducting internal investigations and responding to government investigations, often stemming from high stakes whistleblower complaints, both domestic and international. He co-leads Crowell’s False Claims Act Practice, its Whistleblower and Workplace Investigations working group, and its ESG Group. He provides a perspective from having served on both sides of the whistleblower bar: in the U.S. Attorney’s Office in Chicago; in-house, as senior counsel for global compliance investigations at a Fortune 10 company; a compliance monitor appointed multiple times; and, for many years, as outside defense counsel. His work in investigations has been recognized by the Legal 500.

 

Apart from compliance and governance, Preston is a first chair trial and appellate lawyer. A longtime member of the trial bar in the Northern District of Illinois, and a member of the bars of New York and Washington, D.C., he has successfully tried many cases to juries as lead counsel, and has argued several more appeals in the federal courts of appeals. He has served as a certified FINRA arbitrator, as a mediator in the DC courts, and as an advocate in mediation throughout the country. He has succeeded in two cases of first impression: one in the U.S. Court of Appeals for the First Circuit and another, as amicus counsel, in the Illinois Supreme Court.

 

What advice would you offer to new attorneys interested in your field?

The world of whistleblower and compliance investigations, and the litigation that often goes with it, grows globally day by day. Attorneys who want to enter the field should pay close attention to guidance on compliance programs and whistleblower protection provided by global authorities such as the US DOJ, SEC, European Union, the UK FCA, Australian Securities Investments Commission, and OECD. Although every field within the law requires attorneys to be good listeners, that is especially a sine qua non in investigations, and it is a skill that must continuously be enhanced. An experienced investigations lawyer does not start with a conclusion formed, but instead, an open mind to understand the perspectives–from many different stakeholders—about the critical issues. To acquire those skills, it is best to work with senior lawyers who are experienced in the field.  Conducting a great investigation is not a check-the-box science, but rather, an art.

 

Final thoughts…

Throughout your career, as you are presented with ethical questions, never forget how hard you worked to survive law school, pass the bar, and find your first job. You owe it to yourself to stay on the right path, no matter how hard a decision may seem at the time.