It emerged on May 5 that the Department of Justice opened an investigation into Uber’s use of software called “Greyball” that concealed the ride-sharing company’s operations from regulators in cities and countries that did not permit Uber’s services. Since then, the Portland City Council has voted to subpoena documents concerning the program, and lawmakers in Philadelphia and Austin have said they are cooperating with DOJ investigation. Uber allegedly deployed Greyball not only in the United States (including in Boston, Philadelphia, and Las Vegas), but also in Australia, Paris, China, and South Korea.
Spencer Bruck is a managing associate in the White Collar and Corporate Investigations practice group. Spencer's practice focuses on government and internal investigations, white collar criminal matters, and anti-corruption and compliance matters.
Spencer has represented companies and individuals in matters before the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the Senate Permanent Subcommittee on Permanent Investigations, FINRA, and multilateral development banks involving Foreign Corrupt Practices Act (FCPA), securities violations, and accounting fraud issues.
He also has experience conducting, and representing individuals, in internal investigations as well as preforming anti-corruption due diligence. In addition, Spencer has represented corporate and individual clients in complex commercial disputes and shareholder litigations.
Mr. Bruck is also active in pro bono work. He represents individuals in immigration matters and is involved in civil rights issues.
Spencer's recent engagement include:
- Represented a multinational pharmaceutical company in a joint investigation by the Department of Justice and the Securities and Exchange Commission into FCPA issues in multiple international markets and conducted internal investigations in several markets.
- Represented a senior executive of a multinational financial institution in internal investigation into revenue smoothing and financial disclosure issues as part of an investigation by the Senate Permanent Subcommittee on Investigations and the Securities and Exchange Commission.
- Conducted an international internal investigation into FCPA issues for a multinational healthcare company.
- Represented a securities trader in an investigation by the Securities and Exchange Commission regarding cross-trades and securities parking.
- Conducted due diligence for a multinational pharmaceutical company into bribery and corruption issues in connection with a merger acquisition.
- Conducted an internal investigation for an international manufacturing company into improper accounting and revenue smoothing issues raised by a whistleblower.
- Represented a securities trader in an inquiry by the Financial Industry Regulatory Authority into insider trading issues.
- Represented a tax advisory firm in an investigation by the Department of Justice into the preparation of a client’s tax returns.
- Conducted an internal investigation for a leading state university system involving accounting, disclosure and documentation issues.
- Represented a public company and its board of directors in litigation involving breach of fiduciary duty, shareholder voting and disclosure issues in connection with the financing of a subordinated note in support of a corporate acquisition.
- Represented a privately-held real estate investment firm in litigation involving breach of contract and breach of fiduciary duty issues in connection with the allocation of sale prices in a portfolio transaction.