Tim McCarten is an associate in the Washington, D.C. office of Latham & Watkins, where he is a member of the firm’s Litigation & Trial Department. Mr. McCarten focuses his practice on white-collar defense, SEC enforcement proceedings and internal corporate investigations. He has represented companies and individuals in matters involving the US Department of Justice (DOJ), US Securities and Exchange Commission (SEC), US Commodity Futures Trading Commission (CFTC), New York State Office of the Attorney General, and various other federal and state law enforcement authorities and regulators. Mr. McCarten has also defended clients in related civil proceedings and disputes, including complex commercial litigation and appeals. In both criminal and civil matters he represents clients across a broad range of industries, including financial institutions, oil and gas companies, manufacturers and professional services firms.
Mr. McCarten has significant experience in matters involving the Foreign Corrupt Practices Act (FCPA) and similar anti-corruption laws; US securities laws; anti-money laundering laws; cross-border tax investigations; and investigations involving alleged financial fraud or other corporate misconduct. He also counsels corporate clients, including large public companies, financial institutions and leading private equity firms, on compliance with anti-corruption and anti-money laundering laws, including in connection with internal assessments; the development, implementation and testing of corporate compliance programs; and transactional due diligence.
Mr. McCarten has particular expertise in cross-border and multi-jurisdictional enforcement matters, including in parallel investigations led by various government agencies and bodies in the United States, Canada, Europe and Asia. He helps clients navigate the complex legal issues and strategic challenges that arise in these contexts, including with respect to data privacy and banking secrecy; the scope and parameters of the US government’s jurisdiction; mutual legal assistance treaties (MLATs) and similar international agreements on exchanging or obtaining evidence; and laws of legal privilege.
Before joining Latham in 2013, Mr. McCarten was an associate in the Washington, D.C. office of another leading international law firm, where his practice focused on white-collar defense, SEC enforcement matters and investigations. He received a law degree from the University of Virginia School of Law in 2008, where he served on the managing board of the Virginia Law Review. Also while in law school, Mr. McCarten completed an externship with the US Attorney’s Office for the Western District of Virginia and served as a Governor’s Legal Fellow in the Office of Virginia Governor Timothy M. Kaine.