Sidney SmithMcClung

Partner

Dallas + 1.214.969.5219

Sidney McClung represents companies, boards of directors, and individuals in government enforcement actions and conducts cross-border internal investigations for multinational companies. Sidney has successfully represented clients in Department of Justice (DOJ) and Securities and Exchange Commission (SEC) enforcement actions related to alleged accounting fraud and other violations of the securities laws; bribery, including alleged violations of the Foreign Corrupt Practices Act (FCPA); and anti-money laundering (AML). She has conducted internal investigations in more than a dozen countries across the globe.

Sidney also has more than a decade of experience representing clients in high-stakes cross-border matters being litigated in U.S. and non-U.S. jurisdictions, including significant experience representing clients in U.S. matters involving ongoing parallel proceedings in Latin America. Sidney is adept at coordinating with local counsel to develop and execute a consistent global litigation strategy to achieve the client's objectives across jurisdictions.

Sidney is a Certified Compliance & Ethics Professional - International (CCEP-I). She regularly counsels clients on implementing effective corporate compliance programs, including conducting risk assessments, drafting policies and procedures, delivering innovative and risk-based training, and remediating identified compliance issues.

Sidney has an active pro bono practice, including representing Afghan refugees seeking asylum and unaccompanied minors from Central and South America seeking Special Immigrant Juvenile status.

Sidney is a member of the board of directors for SPARK!, a nonprofit focused on fostering creativity in children. Sidney is the diversity chair for the Dallas Office.

Erfahrung

  • Multinational Fortune 500 company resolves SEC accounting issues investigation and obtains declination from DOJJones Day represented a multinational Fortune 500 company in a SEC and DOJ investigation regarding accounting issues related to multiple company projects in the U.S. and several countries around the world.
  • Major Indian pharmaceutical company resolves securities fraud class action relating to FDA warning letterJones Day resolved a class action lawsuit filed against a major Indian pharmaceutical company in federal court, alleging violations of the federal securities laws in connection with a warning letter issued by the U.S. Food and Drug Administration ("FDA") to the company.
  • Telecommunications company conducts internal investigation concerning whistleblower allegationsJones Day assisted a telecommunications company in conducting an internal investigation of whistleblower allegations of improper tone at the top by senior management related to financial disclosures.
  • Chevron buys Pasadena Refining System for $350 million from Petrobras America Inc.Jones Day advised Chevron U.S.A. Inc., a wholly-owned subsidiary of Chevron Corporation, in its purchase of all of the equity interests of Pasadena Refining System Inc. ("PRSI") and PRSI Trading, LLC from Petrobras America Inc. for $350 million, subject to adjustments for working capital.
  • Large public energy company conducts investigation into payments made to third party and allegations of self-dealing by management in MexicoOn behalf of a large public energy company, Jones Day led an investigation into certain payments made to a third party consultant and allegations of self-dealing by management in Mexico and evaluated the payments in light of applicable Mexico and U.S. anti-corruption and conflict of interest laws.
  • Global technology company conducts internal investigation into allegations of fraud and corruption in South AmericaJones Day represented a publicly-traded global technology company in an internal investigation into allegations of fraud, corruption, and employee misconduct in South America.
  • Businesswoman arbitrates breach of shareholder's agreement claims at ICCJones Day represented a businesswoman and philanthropist seeking injunctive and monetary relief through arbitration before the International Chamber of Commerce (ICC) related to the breach of the shareholder's agreement for a company with operations in 17 countries in Latin America.
  • Multinational pharmaceutical company conducts independent investigation of whistleblower allegations pursuant to contract audit rightsOn behalf of a privately-owned multinational pharmaceutical company, Jones Day conducted an independent investigation of alleged misconduct and possible Foreign Corrupt Practices Act (FCPA) violations in Guatemala, Panama and Mexico.
  • Client obtains Fifth Circuit affirmation of Hague Convention victoryOn July 22, 2014, the United States Court of Appeals for the Fifth Circuit affirmed Jones Day’s victory in Dallas federal court in an international child abduction case.