Sterling Marchand

Partner

sterling.marchand@bakerbotts.com

Washington, D.C.

P: +1.202.639.1113
F: +1.202.508.9313
Sterling Marchand

Sterling Marchand's practice focuses on complex litigation, including environmental and commercial matters, as well as corporate investigations and white-collar criminal defense.

Mr. Marchand represents corporate and individual clients at trial in state and federal courts in matters involving contractual disputes, allegations of price fixing, and the Clean Air Act.

Mr. Marchand counsels corporate clients in investigations by government agencies, in both criminal and civil contexts, including FCPA, fraud, securities, and antitrust investigations. He also assists in conducting internal investigations and advising clients on risk management and compliance.

Additionally, Mr. Marchand guides clients on federal and state political and election law, including campaign finance, ethics, and lobbying compliance. He has assisted corporate clients with investigations by the FEC and in establishing and administering a PAC.

Prior to joining Baker Botts, Mr. Marchand served as a policy advisor to the U.S. House Committee on Homeland Security. In that capacity, he worked with members of Congress, advising them on legislation and oversight of the Department of Homeland Security. Mr. Marchand was responsible for matters pertaining to critical infrastructure protection (e.g., energy sector, chemical facilities, public transportation).

Related Experience

Criminal Defense & Corporate Investigations

  • Fortune 500 medical supply company – Defense against criminal investigation by U.S. Attorney's Office relating to sales of restricted pharmaceutical products and related practices
  • Fortune 500 global technology company – Conducted internal investigations of payment irregularities (including bribes, kickbacks, financial misappropriation and bidding improprieties) in Latin America and Europe
  • Public local education agency – Conducted internal investigations and defense against criminal investigation by U.S. Attorney's Office related to criminal violations of the Asbestos Hazard Emergency Response Act
  • U.S. chemical company – Conducted internal investigation and review of corporate compliance in response to whistleblower allegations of mishandling of waste and violations of the Resource Conservation and Recovery Act
  • Social services non-profit – Conducted internal investigation and review of corporate compliance for federal government contractor
  • International real estate company – Conducted internal investigations into potential FCPA violations in Brazil
  • International oil company – Conducted internal investigations into potential FCPA violations in Brazil
  • Auto Parts Manufacturer – Counsel for Japanese auto parts manufacturer and its North American subsidiary in simultaneous criminal investigations conducted by the Department of Justice, the Japanese Fair Trade Commission, the Canadian Competition Bureau, and other jurisdictions into alleged bid rigging, price fixing, and other anticompetitive conduct

Commercial & Environmental Litigation

  • Irizarry v. Orlando Utilities Comm’n et. al – Defense against class action alleging discharge of coal ash pollution and claims of inverse condemnation
  • Climate tort litigation – Defense of four energy companies in multiple suits nationwide by states and local governments alleging tort-based and consumer fraud causes of action arising from climate change
  • Avista v. Washington Dept. of Ecology – Represented local natural gas distribution companies in case challenging Washington Department of Ecology's authority to engage in multi-sector climate regulation
  • Electric generating company – Defense of challenge to air permit for new liquified natural gas facility before state environmental hearing board
  • Satellite communications company – Defense against $30 million civil action alleging breach of contract and tortious interference in Fairfax Circuit Court, Virginia, resulting in a favorable jury verdict
  • International chemical manufacturer – Defense against environmental citizen suit claims brought under the Clean Water Act
  • Sierra Club et al. v. PPL Montana LLC et al. – Defense of six co-owners of the Colstrip power plant against citizen suit New Source Review claims brought under the Clean Air Act
  • Entergy Gulf States Louisiana, LLC, et. al., v. EPA – Represented electric utilities in action to stop production of confidential business information to environmental group pursuant to the Freedom of Information Act
  • United States v. Louisiana Generating LLC – Defense of power producer against government enforcement action under the Clean Air Act
  • New Jersey v. RRI Energy Mid-Atlantic Holdings – Defense of power producers against citizen suit New Source Review claims brought under the Clean Air Act
  • Freeman v. Grain Processing Corporation – Defense of corn processing facility against class action toxic tort and contaminated property damage claims
  • Auto Parts Manufacturer – Defended Japanese auto parts manufacturer and various wholly-owned subsidiaries in multiple class actions in multi-district litigation against allegations of price fixing in violation of the Sherman Act, the Clayton Act and various state statutes

Corporate Political Activity & Government Ethics

  • Public ridesharing company – Advice regarding compliance with federal and state election laws
  • U.S. trade association – Multiple matters, including investigations by the FEC, advice regarding PAC governance, and compliance with the Federal Election Campaign Act, and Congressional and Executive Branch ethics rules
  • Independent electric transmission company – Provide advice regarding compliance with federal and state campaign finance, lobbying, and ethics rules
  • Public and private companies – Advice regarding corporate political activity, including compliance with Honest Leadership and Open Government Act of 2007, Lobbying Disclosure Act, and the Foreign Agents Registration Act (FARA)

Awards & Community

Recognized as a Washington D.C. Super Lawyer-Rising Star, 2015, 2016, 2017, 2018, 2019, & 2020

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