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Chicago Office35 West Wacker Drive, Suite 3400, Chicago, IL, United States of America 60601-1608
Jay Schleppenbach focuses his practice on white collar litigation and has worked on a wide variety of internal investigations, including matters involving complex accounting issues, public corruption, cryptocurrency, environmental regulations, and alleged violations of U.S. securities laws and the Foreign Corrupt Practices Act.
He has experience advising corporations, boards of directors and their various committees, and individual executives and employees, responding to inquiries from a range of federal agencies, including the Securities and Exchange Commission, the Department of Justice Antitrust Division, the Environmental Protection Agency, the Illinois Inspector General and numerous United States Attorneys’ Offices nationwide. Mr. Schleppenbach has been successful in obtaining declinations of charges, favorable plea agreements, and non-custodial sentences for clients facing charges of corporate misconduct.
Mr. Schleppenbach is highly experienced in handling every phase of litigated matters, including complex discovery disputes, motions practice, jury selection, witness examination, and legal argument. His practice has included federal and state jury and bench trials, as well as domestic and international arbitrations. As an Assistant Illinois Attorney General’s Office, he briefed and argued dozens of criminal appeals, including six before the Illinois Supreme Court.
In addition to private practice, Mr. Schleppenbach is an active member of the Illinois State Bar Association, where he has served as Chair of the Business & Securities Law and Alternative Dispute Resolution Section Councils. He has also written and performed for the Chicago Bar Association’s annual show and served for more than a decade as a coach to the International Arbitration Moot Court Team at Northwestern Pritzker School of Law.
Mr. Schleppenbach has published more than a hundred articles on emerging legal issues, with a focus on white collar and arbitration developments. His work has appeared in numerous publications, including Florida A&M University Law Review, The National Association of Criminal Defense Lawyers’ The Champion magazine, The American Bar Association Criminal Justice magazine, and Bloomberg Law White Collar Crime Report. He has also been recognized by The Legal 500 for his work in corporate investigations and white dollar defense.
As a white collar practitioner, Mr. Schleppenbach and his colleagues have represented:
- The Chief Financial Officer of a public company in an internal investigation of internal controls issues.
- A special committee of a public company conducting an internal investigation of allegations of bribery and internal control failures.
- The Chief Technology Officer of a public company in an investigation by the EPA and DOJ of compliance with environmental regulations.
- The Chair of the board of a public company in an SEC and DOJ investigation.
- The Audit Committee of a public company in an SEC investigation and internal investigation.
- One of the world’s largest telecommunications companies in litigation and a multi-week civil trial involving theft of trade secrets, among other claims.
- A public company in a cross-border internal investigation into potential books and records and internal controls violations.
- A corporation and its principals in a criminal antitrust investigation being conducted by DOJ Antitrust Division and FBI.
- A software company in a public corruption investigation being conducted by the United States Attorney’s Office and FBI.
- A government contractor in a public corruption investigation being conducted by the United States Attorney’s Office, FBI and Inspector General.
- A former controller of a publicly traded company in SEC and Special Litigation Committee investigations relating to revenue recognition issues and earnings restatement.
Includes matters handled at Dechert or prior to joining the firm.
- “Alternative Dispute Resolution in Intellectual Property Cases,” ISBA Chicago Regional Office (February 5, 2019)
- “Criminal Trade Secret Theft: What You Need to Know,” Webinar (November 14, 2018)
- “ISBA Arbitration Roundtable,” ISBA Chicago Regional Office (May 8, 2018)
- “ISBA Mediation Roundtable,” ISBA Chicago Regional Office (October 17, 2017)
Mr. Schleppenbach’s most recent external publications include the following:
- Rule 42 Special Prosecutors: A Separation of Powers Frankenstein That is Part Judicial and Part Executive Yet All Vulnerable to Challenge, The Champion (March/April 2024), at 44.
- Confidentiality of Communications With Unlicensed Attorneys, Bloomberg Law (November 20, 2023)
- Practice Tip: Key Considerations for Corporate Compensation Arrangements in Light of DOJ Criminal Division Pilot Program Incentivizing Clawbacks, ABA Criminal Justice Section Newsletter (Spring 2023), at 4
- “More Cooperation Please”: DOJ Revises Enforcement Policy to Encourage Even Greater Cooperation, The Corporate Governance Advisor, Volume 31, No. 2 (March/April 2023)
- U.S. Supreme Court to Decide When Attorney-Client Communications That Contain “Hybrid” Legal and Business Advice Are Protected by the Attorney-Client Privilege, Pratt’s Privacy & Cybersecurity Law Report, Volume 9, Number 2 (February/March 2023)
- Crypto Actors Face Increased Enforcement Spurred by DOJ Network, Bloomberg Law (Jan. 24, 2023)
- Practice Tip: For Privilege to Attach to Dual-Purpose Messages, the “Primary Purpose” of the Attorney Communications Must be Legal (Rather than Business) in Nature, ABA Criminal Justice Section Newsletter (Spring 2022), at 7.
- Practice Tip: Beware Individual Criminal Liability for CEOs and CCOs as DOJ Begins Requiring Compliance Certifications, The ABA CJS White Collar Crime Committee Newsletter, Summer (Fall 2022).
- The Collision of the Speedy Trial Clock with the Coronavirus’s Slowdown Realities: Justice in the Time of COVID-19, Criminal Justice (Fall 2020).
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- Millikin University, B.S., B.A., 2000, summa cum laude; Illinois Lincoln Academy Lincoln Laureate for Scholarship & Leadership; Scovill Prize for Scholarship, Leadership, & Service; Outstanding Community Outreach Student
- University of Illinois, J.D., 2003, summa cum laude; Order of the Coif; Administrative Editor, The Elder Law Journal; National Moot Court Team; Rickert Awards for Excellence in Legal Publications, Academics, and Oral Advocacy; CALI Awards for Highest Scores in Seven Individual Classes
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- Illinois
- United States Court of Appeals for the Seventh Circuit
- United States District Court for the Central District of Illinois
- United States District Court for the Northern District of Illinois
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- Illinois State Bar Association: Chair, Business & Securities Law Section Council; Newsletter Editor and former Chair, Alternative Dispute Resolution Section Council
- Chicago Bar Association: Writer & Performer, Entertainment Committee
- American Bar Association
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- United States Court of Appeals for the Seventh Circuit, Commissioner Maureen K. Ohlhausen