Derek Wetmore is a Managing Associate in Orrick's San Francisco office.  His practice includes a range of criminal and civil enforcement actions involving potential violations of securities laws, the Foreign Corrupt Practices Act, the Bank Secrecy Act, the False Claims Act, and antitrust laws.

Derek represents companies and individuals across the globe.  His clients range from closely held private entities to Fortune 50 companies in the technology, finance, retail, and manufacturing sectors.  In addition to representing clients in enforcement actions, Derek has conducted dozens of internal investigations in Latin America, the Middle East, Europe, and Asia.  He also counsels companies on compliance best practices and has served on the Monitor Team for a banking technology company.

Prior to law school, Derek worked as a data analyst for an environmental engineering firm with a focus on geospatial analysis, remedial design, and negotiations with state, federal, and foreign governmental agencies.

Derek's notable engagements include:

  • Representation of a Fortune 50 financial services company in an investigation by the Securities and Exchange Commission into compliance with Bank Secrecy Act reporting requirements.

  • Representation of a Fortune 50 consumer company in FCPA and AML internal investigations throughout Latin America.

  • Serving on the Monitor Team for an FCPA Monitorship of a banking technology company.

  • Representation of a government contractor in a False Claims Act investigation.

  • Representation of foreign electronics and automotive parts corporations under investigation by the DOJ Antitrust Division for alleged cartel activity.

  • Representation of an individual in a DOJ Antitrust Division criminal investigation of alleged anticompetitive activity in the automotive parts industry.

  • Conducting numerous investigations into potential bribery allegations and violations of internal policies for public and private clients in the Middle East, Asia, and Latin America.

Posts by: Derek Wetmore

With New Guidance, DOJ Signals What Companies Should Expect to Answer During FCPA Inquiries

Without fanfare or forewarning, the US Department of Justice released new anti-corruption compliance guidance on February 8, 2017. The eight page document provides rare insight into the government’s evaluation of corporate compliance programs.  Companies designing compliance programs, conducting internal investigations, or facing a bribery or books and records-related government inquiry can now look to the appropriately titled “Evaluation of Corporate Compliance Programs” for a hint at the types of questions they should be prepared to answer.

As emphasized in the Department of Justice and Security and Exchange Commission’s November 2012 FCPA Resource guide, DOJ’s recent guidance again reinforces that a compliance program should be individualized to a company’s risk profile, and so should the government’s evaluation of the program.  The guidance is clearly not a checklist that applies to all.  It does, however, provide more detail about the way a company should evaluate its own program.  Companies can leverage the information to design more robust compliance programs and better respond to potential violations. READ MORE