Peter W. Baldwin

Partner
peter.baldwin dbr.com
Phone: (212) 248-3147 (212) 248-3147

About

Peter W. Baldwin draws on his experience as a former federal prosecutor in New York and California to counsel clients facing government and internal investigations, securities enforcement actions, cybersecurity issues, and other complex civil and criminal litigation matters. Pete works with businesses, executives, boards of directors, and other decision-makers to respond to government inquires and to craft policies and procedures that will help them stay compliant in an increasingly regulated business environment.

Pete advises clients with responding to both civil and criminal government inquiries and investigations, regularly liaising with multiple federal and state agencies and regulators. He represents both individual and corporate targets, subjects, and witnesses, and provides guidance about responding to unofficial inquiries, subpoenas, search warrants, and requests for interviews and grand jury testimony. Pete has also prepared clients to testify in civil and criminal court proceedings.

Pete works with clients before, during, and after cybersecurity incidents, and his experience as a former federal cybercrime prosecutor has proven invaluable for clients in the areas of forensic analysis, breach remediation, victim notification, and responding to inquiries by regulators and law enforcement agencies. He has counseled clients facing a wide array of cybersecurity, data privacy, and data security issues, including network intrusions, business email compromise scams, malware, and ransomware. His work has included determining whether and when it is appropriate to seek the assistance of law enforcement authorities; in the course of such engagements, he has helped clients develop valuable relationships and contacts with law enforcement agencies.

Clients also turn to Pete for representation in complex civil matters. He has litigated civil cases involving RICO and fraud charges, as well as high-stakes, multimillion dollar mediation and arbitration proceedings.

Prior to joining Drinker Biddle, Pete spent over eight years as an Assistant United States Attorney in the U.S. Attorney’s Offices for the Eastern District of New York and Central District of California. In this role, he 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.

As a federal prosecutor, Pete worked extensively with numerous federal law enforcement and regulatory agencies to oversee grand jury investigations, criminal charging decisions, plea negotiations, motions practice, evidentiary hearings, trials, sentencing proceedings, and appeals. Pete has served as lead trial counsel in multiple criminal jury trials.  During his time with the Eastern District of New York’s National Security and Cybercrime Section, Pete directed federal criminal investigations involving cybercrimes, export controls, terrorism, trade secrets, BSA/AML violations, and money laundering. In addition, Pete served as the EDNY’s Counterespionage and Export Controls Coordinator. In this role, he directed the investigation and prosecution of cases relating to violations of federal export controls, counter proliferation, trade secrets and espionage laws, and he also served as the Office’s primary point of contact with various federal law enforcement and regulatory agencies, as well as with the U.S. intelligence community. Prior to that, in the Central District of California’s Major Frauds Section, Pete prosecuted cases involving securities fraud, wire fraud, tax fraud, health care fraud, the Foreign Corrupt Practices Act, and money laundering.

Prior to his work as an Assistant U.S. Attorney, Pete practiced commercial litigation at a major international law firm in Los Angeles, handling matters including securities fraud, derivative actions and business disputes.

Experience

  • 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 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.
  • 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.

Credentials

Bar Admissions

  • California
  • District of Columbia
  • New York

Education

  • Northwestern University School of Law, J.D., 2006,

    cum laude, Order of the Coif, Note & Comment Editor, Journal of Criminal Law & Criminology

  • Yale University, B.A., 2000

Organizations

  • American Bar Association, White Collar Crime Committee
  • Criminal Justice Act Panel
  • Federal Bar Council