Marcus S. Bauer

MARCUS BAUER advises clients located in the United States and abroad on a wide array of issues. He focuses his practice on white collar investigations, litigation, and government strategies.

As part of the White Collar Defense and Investigations group, Marcus has represented individuals and corporations in both civil and criminal investigative proceedings. He has represented clients in investigations by the Department of Justice, the Securities and Exchange Commission, Federal Trade Commission, and various state-level law enforcement agencies. Marcus has also conducted internal reviews and investigations into allegations of misconduct throughout the United States, as well as Europe and the Asia Pacific. He also assesses anti-corruption risk associated with mergers and acquisitions transactions, and assists clients with structuring and improving their compliance programs.

Marcus also helps clients effectively navigate Capitol Hill. Relying on his understanding of congressional process and policy, Marcus works with clients to develop effective congressional engagement strategies. He counsels clients facing complex congressional investigations, which includes advising companies and individuals giving public testimony before congressional committees. He also provides strategic advice to clients regarding the latest legislative and political developments and advocates on behalf of clients in order to shape law and policy. He has provided counsel to clients across a broad range of economic sectors including telecommunications, logistics, technology, automotive, e-commerce, banking, and energy.

Marcus also has experience representing clients in state and federal court. As a litigator, he draws on his experience as a federal appellate and trial court law clerk. Marcus has litigated a diverse range of issues including issues related to the First Amendment, civil procedure, and congressional subpoena enforcement.

Prior to joining the firm, Marcus served as a law clerk on the U.S. District Court for the District of Columbia and the U.S. Court of Appeals for the Fifth Circuit. Marcus received his law degree from the University of Chicago Law School. In law school, he was named a “Tony Patiño Fellow,” a prestigious merit award bestowed upon a law student exemplifying leadership, character, academic success, and good citizenship.

Prior to law school, Marcus was a Teach for America Corps Member in Huntsville, Alabama, where he taught sixth grade math and coached high school baseball. He received his undergraduate degree in political science from Boston College. In college, Marcus worked for several public policy research institutions focusing on legal policy at both the federal and state level.

Compliance Advising and Due Diligence

• Advised a global company on creating and implementing a regulatory compliance program in response to a recently enacted federal law and handled subsequent investigations from state’s attorneys general and other law enforcement and regulatory bodies enforcing the law.

Congressional Investigations

• Advised one of the seven largest financial institutions in the United States on its responses to inquiries conducted by the House Financial Services Committee and Senate Banking Committee, and successfully prepared the Chief Executive Officer for more than twelve hours of open testimony before those committees. 
• Served as counsel for a financial technology startup engaged as a Small Business Administration lender service provider for the Paycheck Protection Program in parallel investigations from the House Select Subcommittee on the Coronavirus Crisis and the Senate Permanent Subcommittee on Investigations.
• Provided strategic advice to a major multinational oil and gas company in anticipation of a congressional inquiry related to the company’s purchases from the Strategic Petroleum Reserve.
• Counseled a major housing sector trade organization and its four largest members on responses to inquiries from the House Financial Services Committee and individual senators, and guided executives from the companies through private briefings before House committee staff.
• Advised a multinational company on responding to congressional subpoenas for third-party records from the Senate Permanent Subcommittee on Investigations and other committees.
• Provided strategic advice to a multinational ride-sharing and autonomous vehicle company in anticipation of a congressional inquiry related to autonomous vehicle testing and production in the United States.

Legislative and Regulatory Advocacy

• Crafted the congressional engagement strategy for a transportation logistics and technology startup operating in more than 170 countries.
• Advised a cryptocurrency exchange company on the developments in the cryptocurrency policy space coming from Capitol Hill and the White House to enable the company to effectively navigate the ever-evolving legislative and regulatory landscape.

Litigation

• Represented a global company in multiple federal district courts in litigation related to compliance with a congressional subpoena for third-party records and secured a negotiated, voluntary dismissal of all claims against the company.