Photo of Ashley Nyquist

Ashley Nyquist

Ashley guides clients through their most sensitive, high-stakes matters, including government investigations and enforcement matters, independent investigations, and internal investigations into issues posing enterprise-level risk. Her broad-ranging practice has spanned some of the most novel, sensitive, and complex issues facing companies and individuals.

Ashley represents clients – from the largest multi-national companies to individuals – in criminal and civil government investigations led by the Department of Justice (DOJ) and other federal, state, and foreign regulators. In recent years, she has defended clients against allegations of obstruction of justice, false statements, fraud, corruption, and violations of the False Claims Act. She has considerable experience navigating complex, multi-dimensional matters involving parallel criminal, civil, and reputational risks, and has secured multiple full declinations for her clients in federal criminal and civil investigations. She also conducts internal and independent investigations into allegations ranging from fraud to obstruction to data security to sexual misconduct.

Among Ashley’s specialties are crisis matters requiring rapid response and investigation. She is adept at swift fact-finding and analysis and often handles short-fuse internal investigations involving unique or highly sensitive fact patterns posing potential enterprise-level risk. These matters often expand – through press coverage or otherwise – into complex government investigations involving one or more regulators, such as DOJ, state Attorneys General, and foreign regulators.

Since the early days of the #MeToo movement, Ashley has handled investigations into allegations of sexual misconduct and other types of harassment, discrimination, and workplace misconduct.

Given her deep expertise on investigations-related matters, Ashley also routinely advises clients on internal protocols and best practices related to internal investigations, insider threat matters, law enforcement engagement, and privilege.

Ashley has worked with clients from a variety of sectors and industries, including technology, defense, consumer products, food processing, financial services, life sciences, and education.

Ashley’s pro bono work focuses on representing individual criminal defendants in state court and advising non-profits on law enforcement interactions and enforcement risks.

Before practicing law, Ashley taught high school English in rural China.

Now that the Trump Administration has cleared the six-month mark, its approach to white collar enforcement is starting to come into focus through multiple policy announcements and an emerging track record. After a flurry of policy announcements from Attorney General Pam Bondi in the early weeks of the new administration

Continue Reading DOJ White Collar Enforcement Six Months into the Trump Administration

October 17, 2023, Covington Alert

What You Need to Know

  • On October 4, 2023, Deputy Attorney General Lisa Monaco provided new and expanded policy guidance on corporate criminal enforcement, announcing a new Mergers and Acquisitions Safe Harbor Policy (“Safe Harbor Policy”).
  • The Safe Harbor Policy provides acquiring companies an opportunity to avoid criminal charges if they voluntarily self-disclose misconduct at acquired companies within six months of a merger or acquisition (“M&A”), fully cooperate in any DOJ investigation, engage in timely and appropriate remediation within one year of the transaction closing date, and pay restitution or disgorgement, as appropriate.
  • The Safe Harbor Policy—which we expect will be formalized in writing and incorporated into the Justice Manual—appears to draw heavily on policies and guidance from the Criminal Division dating back to 2008, but that will now be formalized, clarified, and applied across the Department, with different parts of the Department “tailor[ing] its application . . . to fit their specific enforcement regime.”
  • As with all of the Department’s recent policy announcements concerning the benefits of voluntary disclosure, significant questions remain. We discuss some of those below, and we will be watching to see how DOJ applies the Safe Harbor Policy in practice. At a minimum, however, companies should ensure that their pre- and post-closing diligence and integration processes are designed to quickly identify legacy or ongoing misconduct at acquired companies so that they may have an opportunity to consider the expected benefits and burdens associated with a voluntary disclosure under the Safe Harbor Policy.
  • In addition to announcing the Safe Harbor Policy, Deputy Attorney General Monaco noted a “dramatic” expansion in national security enforcement, new enforcement tools that the Department is deploying, continued focus on incentivizing companies to seek compensation clawbacks from individual wrongdoers, and even more policy changes to come. Deputy Attorney General Monaco’s announcement follows recent shifts in enforcement remedies sought by the Department, such as divestiture in certain criminal antitrust cases—an unprecedented remedial measure.

Continue Reading DOJ Provides Further Voluntary Disclosure Incentives, This Time Linked to M&A Transactions, and Signals Other Areas of Focus