Sidney SmithMcClung

Partner

Dallas + 1.214.969.5219

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Sidney McClung represents clients in government enforcement actions and conducts cross-border internal investigations for multinational companies. She has conducted internal investigations throughout Latin America related to alleged accounting fraud, self-dealing, and bribery, including alleged violations of the Foreign Corrupt Practices Act (FCPA). Sidney also counsels clients on implementing effective corporate compliance programs. Additionally, she has significant experience representing clients in complex civil litigation and appellate matters. Her experience covers all aspects of litigation, including fact and expert discovery, motions practice, settlement negotiations, and appeals.

Currently, Sidney is conducting a significant investigation for a Fortune 500 company in Latin America and is defending a global pharmaceutical manufacturer in a federal securities class action alleging violations of Section 10(b) of the U.S. Securities Exchange Act of 1934. Sidney also has acted as lead counsel for one of the three national credit reporting agencies in the United States in individual consumer litigation brought under the federal Fair Credit Reporting Act (FCRA).

Sidney has an active pro bono practice, including a recent successful Fifth Circuit appellate representation of a client seeking the return of her child in an international child abduction case under the Hague Convention. She is author of the note "Forum Non Conveniens and Foreign Policy: Time for Congressional Intervention?" 90 Tex. L. Rev. 743 (2012).

Experience

  • 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.
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    December 2022 White Paper

    Corporate Internal Investigations: Keys to an Effective Work Plan, Data and Document Management, and Budget

    April 2018 Alert

    Fifth Circuit Provides Relief for Providers Facing Medicare Appeal Backlogs

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