Peter Baldwin draws on his experience as a former federal prosecutor in New York and California to counsel clients facing government and internal investigations, cybersecurity issues, and complex civil and criminal litigation. Pete advises businesses, executives and boards on responding to civil and criminal government inquiries, and he provides guidance in situations involving grand jury subpoenas, search warrants, requests for interviews and witness testimony, among other things. Pete also counsels clients facing cybersecurity and data breach incidents and offers valuable experience and insight at the investigatory, post-investigatory, notification and remediation stages of these matters. In addition, Pete works with clients to craft policies and procedures to help them stay compliant in an increasingly regulated business environment.
Government and Internal Investigations
Clients value Pete’s ability to mitigate high-stakes criminal and civil investigations by federal and state law enforcement agencies and regulators. As a former federal prosecutor, he helps clients quickly identify the relevant issues and key facts and advocates effectively with government regulators and prosecutors. Pete works with his clients to coordinate internal investigations in response to government inquiries and knows how to resolve investigations and enforcement actions favorably and expeditiously. Pete also assists clients with internal investigations prior to government activities and in connection with potential or actual civil litigation. This experience consistently contributes to favorable outcomes for his clients.
Pete works with clients before, during and after cybersecurity incidents, and his experience as a former federal cybercrime prosecutor assists clients in the areas of forensic analysis, breach remediation, victim notification, and responding to inquiries by regulators and law enforcement agencies. He counsels clients facing a wide array of issues, including network intrusions, business email compromise scams, malware and ransomware. He helps determine whether and when it is appropriate to contact law enforcement authorities; in the course of such engagements, Pete has helped clients develop valuable relationships and contacts with law enforcement agencies.
An Assistant United States Attorney for nearly a decade, Pete supervised all aspects of criminal investigation and prosecution, first as a member of the Major Frauds Section in the Central District of California and then in the National Security and Cybercrime Section in the Eastern District of New York. In California, Pete prosecuted cases involving securities fraud, wire fraud, tax fraud, health care fraud, the Foreign Corrupt Practices Act and money laundering. In New York, Pete directed federal criminal investigations involving cybercrimes, export controls, terrorism, trade secrets, BSA/AML violations and money laundering, and he served as the primary point of contact with federal law enforcement and regulatory agencies and the U.S. intelligence community.
- Represented U.S.-based subsidiary of a foreign parent company in connection with a federal criminal investigation led by the U.S. Department of Justice involving allegations of, among other things, violations of U.S. federal export control and sanctions laws. Interfaced with federal prosecutors and coordinated the client’s response to the investigation. No civil or criminal charges were filed against the client.
- Represented U.S.-based subsidiary of a foreign parent company in connection with a federal criminal investigation led by the U.S. Department of Justice and the U.S. Department of Homeland Security involving potential violations of U.S. export control laws. Interacted with federal law enforcement and coordinated production of records in response to a federal grand jury subpoena issued to the client. No civil or criminal charged were filed against the client.
- Represented insurance company in connection with an investigation conducted by the New York Department of Financial Services (NYDFS). Conducted an internal investigation involving review of voluminous records and interviews of multiple employees and former employees. Coordinated production of thousands of records in response to administrative subpoenas.
- Represented a public company in connection with the client’s efforts to cooperate in a criminal health care investigation and case prosecuted by the New York State Attorney General’s Office. Conducted internal investigation, and coordinated responses to government subpoenas for records and testimony. Counseled client’s employees in connection with interviews conducted by the government. Prepared and coordinated trial testimony of multiple employee witnesses during a multi-week criminal jury trial.
- Represented the plaintiff in a complex, multi-million dollar civil litigation filed in the Southern District of New York involving charges of civil RICO, fraud, and illegal wiretapping. Conducted a detailed factual investigation involving the review and analysis of voluminous financial and real estate records. Drafted and filed a multi-count federal civil complaint against multiple defendants. Drafted responses to motions filed by multiple defendants. Negotiated a financially favorable global settlement agreement for the client, which resolved several related cases also involving the client.
- Represented a financial institution in a multi-million dollar arbitration against a high-profile and high-net worth former client. Directed a targeted internal investigation involving multiple employee interviews and review of voluminous financial records and contracts. Coordinated motion practice and discovery efforts on behalf of the client. Led mediation and settlement negotiations that ultimately resulted in resolution of the case on terms that were very favorable to the client.
- Represented multi-national insurance company in connection with a situation where an individual was making violent threats against the client’s employees, as well as issuing defamatory and false public statements about the client and its employees. Conducted internal investigation involving analysis of electronic and documentary records, as well as interviews with numerous employees. Coordinated with law enforcement agencies and prosecuting offices, which resulted in the arrest of and criminal charges being filed against the offending individual.
- Represented a public company in connection with a breach of the client’s email and other internal systems stemming from malware attack. Worked with client’s IT security personnel to detect and ascertain the source of the breach and then contain and eradicate the malware from the client’s systems. Coordinated internal and external messaging regarding the attack. Counseled client regarding satisfaction of various federal, state, regulatory, and individual notification obligations.
- Represented a public company in connection with a breach of the client’s internal financial systems. Engaged and directed an outside cyber forensics firm to investigate the scope of the breach and presented to senior management regarding the scope and implications of the breach. Worked with client to understand notification obligations under applicable federal and state rules and regulations. After the incident, assisted the client in developing new policies and procedures to guard and similar attacks in the future.
- Represented a public company in connection with a data breach that occurred at one of the client’s vendors that involved the potential improper access and exfiltration of sensitive personal information. Liaised on behalf of the client with the vendor’s internal and external counsel. Advised client regarding potential legal ramifications of breach.
- Represented a financial services firm in connection with a business email compromise scam that resulted in the initiation of fraudulent wire transfers to criminal actors. Advised the client about potential liability, as well as legal options with respect to other parties involved in the fraudulent transactions. Counseled client on disclosure obligations to business partners, as well as applicable state and federal regulators. Negotiated a settlement with multiple other parties on terms that were very favorable to the client.
Pete enjoys hiking and running. He is a fan of Major League Baseball and reads historical nonfiction whenever he can.
District of Columbia
Northwestern University Pritzker School of Law
J.D. cum laude, Order of the Coif, Note & Comment Editor, Journal of Criminal Law & Criminology (2006)
Insights & Events
Republished in Privacy & Cybersecurity Law Report, April 2022
Firm Blog Contributions
- Discerning Data – a forum that discusses developments in privacy, cybersecurity, information governance and data analytics
- LaborSphere – a resource providing coverage and insights on breaking cases, recently enacted legislation and a broad range of labor issues
Leadership & Community
- Criminal Justice Act Panel, Eastern District of New York
- American Bar Association, White Collar Crime Committee
- New York City Bar Association
- Federal Bar Council
- Faegre Drinker — Pro Bono Award, 2021
- Faegre Drinker — Pro Bono Honor Roll, 2020-22
No aspect of these recognitions has been approved by the highest court of any state.