Jennifer Kennedy Park’s practice focuses on white-collar defense, enforcement actions, crisis management, and complex disputes.

She has handled some of the most complicated matters affecting corporate entities in the past few years, including representing companies in litigation and investigations related to the Volkswagen emissions matters, the benchmark rates antitrust cases, and financial crises litigation.

Jennifer advises global corporations and financial institutions on interactions with regulators and authorities, including regularly interacting with DOJ, FRB, OCC, CFTC, SEC, DFS, FINRA, OFAC, state attorney generals, European Commission, UK FCA, SFO, and other authorities around the world. Given her experience, she is also knowledgeable about issues of privacy and confidentiality, cross border conflicts of law, and complex matter management.

She has been called upon to advise upon crisis management and business continuity relating to a variety of potentially business-destabilizing events including COVID-19 and sexual harassment allegations in the wake of the Weinstein revelations.

Jennifer joined the firm in 2003 and became a partner in 2012.

Notable Experience

  • A number of companies on risk mitigation advice related to COVID-19, including return to office policies and procedures.

  • Bosch in connection with investigations and civil litigation in the United States relating to the Volkswagen emissions matter, including undertaking a full scale compliance remediation program.

  • The board of directors of a financial institution in connection with its response to an OCC consent order and the remediation program related thereto.

  • Vale in regulatory responses to the recent dam collapse in the Minas Gerais state.

  • A global financial institution in criminal and regulatory investigations in various parallel investigations being conducted by, among others, the DOJ, the CFTC, the SEC, the UK Financial Conduct Authority, the European Commission, and other regulators in Europe and Asia regarding allegations of manipulation and collusion in the setting of benchmark reference rates.

  • Multiple public and private companies in developing policies, procedures and training related to discrimination and harassment, including advising several Fortune 50 companies in investigations relating to allegations of sexual harassment against board members.

  • BHP Billiton, Vale, and Samarco to conduct the external investigation into the cause of the breach of the Fundão tailings dam, one of the largest environmental disasters in history.

  • Bank of America in investigations by the SEC, Department of Justice, New York Attorney General, and U.S. Congress concerning its acquisition of Merrill Lynch, in particular the payment of bonuses and disclosures relating to Merrill’s losses. She successfully obtained approval from the Honorable Jed Rakoff of the U.S. District Court for the Southern District of New York of the settlement with the SEC relating to the acquisition after he had rejected it.

  • A major financial institution in implementing a Markets remediation program and conducting a look-back to fulfill regulatory requirements.

  • Counsel to a major technology company in response to a subpoena related to virtual currency from the New York Department of Financial Services.

  • Public companies, financial institutions, and individuals under investigation by the SEC, the Department of Justice, the U.S. Congress, the Financial Industry Regulatory Authority, the CFTC, and several states attorney generals. Highlights include representing:

    • A senior executive at a major hedge fund in an insider trading investigation.
    • A senior executive at a major cosmetics company in an insider trading investigation.
    • A leading pharmaceutical company in Foreign Corrupt Practices Act investigation spanning Europe and Central America.

  • Google in winning the dismissal of a shareholder class action filed in Illinois state court, arising out of Google’s $12.5 billion acquisition of Motorola Mobility.

  • A major financial institution in criminal investigations by the DOJ and other authorities into potential bribery and money laundering by Unaoil.

  • Dollar Thrifty in shareholder lawsuits challenging its $1.6 billion acquisition by Hertz and successfully defeating an action brought by its shareholders to preliminary enjoin the proposed merger with Hertz, as well as advising the company on competing offers by Avis.

  • Citigroup in a Securities Act class action involving mortgage pass-through certificates, in which she won last year the dismissal of claims against 16 of the 18 offerings at issue and is defending Citigroup against trade secret misappropriation claims, relating to the bank’s Yield Book analytical software.

See More

SELECTED ACTIVITIES

  • Member, YWCA Academy of Women Leaders
  • Member, Legal Services NYC’s Board of Directors
  • Member, Kate Stoneman Project
  • Member, Westchester Committee, Federal Bar Council
  • Professor, Pace University’s New Directions Program
  • Former Member, Criminal Law Committee, New York City Bar Association

Publications

CFTC Division of Enforcement Releases Guidance on Evaluating Compliance Programs,” co-author, Cleary Gottlieb Alert Memorandum, September 15, 2020; republished by New York University School of Law Compliance & Enforcement Blog , September 17, 2020

Navigating COVID-19: Supply Chain Considerations,” co-author, Cleary Gottlieb Alert Memorandum, July 15, 2020

DOJ Updates Guidance Regarding Corporate Compliance Programs,” co-author, Cleary Gottlieb Alert Memorandum, June 9, 2020

Risky Business: Waivers & Assumption of the Risk of COVID-19 Exposure,” co-author, Cleary Gottlieb Alert Memorandum, May 28, 2020

The CARES Act and Mitigating False Claims Act Risk,” co-author, Cleary Gottlieb Alert Memorandum, April 13, 2020; republished by Pratt’s Government Contracting Law Report, July 2020

The Keys to Emergency Succession: Planning For Boards and Senior Management During a Health Pandemic,” co-author, Cleary M&A and Corporate Governance Watch Blog, April 9, 2020

Understanding Evolving U.S. Government Expectations for Compliance Programmes,” co-author, Financier Worldwide’s Risk & Compliance e-Magazine, April-June 2020

Navigating COVID-19: Best Practices for Managing Compliance Risk,” co-author, Cleary Gottlieb Alert Memorandum, March 26, 2020

COVID-19 and the Compliance Risks Related to Sales and Marketing Practices,” co-author, Cleary Enforcement Watch Blog, March 17, 2020; republished by NYU’s Compliance and Enforcement Blog, March 17, 2020

Key Considerations for Companies in Deciding Whether to Institute Anti-Fraternization Policies,” co-author, Cleary Gottlieb Alert Memorandum, May 9, 2019; republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, January 26, 2020

DOJ Issues Guidance on Cooperation In False Claims Act Investigations,” co-author, Cleary Gottlieb Alert Memorandum, May 9, 2019; republished by the New York University School of Law Compliance & Enforcement Blog and by The Corporate Governance Advisor.

New Scrutiny for NDAs in Sexual Harassment Matters,” co-author, Cleary Enforcement Watch Blog,  April 29, 2019; republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, May 16, 2019 and by Law360, June 24, 2019.

CFTC Issues First Whistleblower Award Originating From Both a Related Action and a Company Outsider,” co-author, Cleary Enforcement Watch Blog, March 11, 2019; republished by Law360republished by Harvard Law School Forum on Corporate Governance and Financial Regulation, March 26, 2019; republished by Law360, April 2, 2019.

California District Court Holds That FIRREA’s 10-Year Statute of Limitations Reaches Risks Caused to Financial Institutions by Their Own Employees,” co-author, Cleary Enforcement Watch Blog, July 27, 2018; republished by The CLS Blue Sky Blog, July 31, 2018.

Confronting Sexual Harassment in Today’s Workplace: 8 Questions Companies Should Be Asking Themselves,” co-author, Cleary M&A and Corporate Governance Watch Blog, February 6, 2018.

CFTC’s Demanding New Cooperation Guidelines For Companies And Individuals,” co-author, Journal of Investment Compliance, October 2017.

CFTC Approves Amendments to Whistleblower Rules Including Significant Enhancements of its Anti-Retaliation Protections,” co-author, Cleary Gottlieb Alert Memorandum, May 25, 2017. 

“The Next Frontiers for International White Collar Enforcement and Tips on Preparing for Them,” International White Collar Enforcement, 2014 ed.: Top Attorneys on Preventative Measures, Regulatory Compliance and Litigation, February 7, 2014.

“The Second Circuit Holds the Short-Swing Profit Rule Inapplicable to Insider’s Purchase and Sale of Different Types of Stock in the Same Company,” Insights, February 1, 2013 (co-author).

“What’s Discussed Here Stays Here,” New York Law Journal, December 10, 2012 (co-author).

“Use of Predictive Coding in Regulatory Enforcement Proceedings,” U.S. Law Week, August 7, 2012 (co-author).

“The Impact of EU Data Protection Laws on U.S. Government Enforcement Investigations,” Intellectual Property Counselor and International HR Journal, January/February 1, 2009 (co-author).

Events