Valarie Hays

Valarie Hays leads the White Collar Defense & Investigations practice in Arnold & Porter’s Chicago office. A former federal prosecutor and trial lawyer, Valarie represents companies and individuals in government inquiries and handles complex commercial litigation in federal and state courts. She also conducts corporate internal investigations and advises clients on the execution of compliance programs across sectors including healthcare, financial services, retail, and oil and gas.

Valarie has tried 17 jury trials as first chair. Her work for corporate clients has resulted in dismissals and favorable resolutions, and she has obtained multiple prosecution declinations for companies and individuals in Department of Justice investigations. Her experience spans contested proceedings as well as matters in which clients seek to resolve government scrutiny without prosecution.

Organizations also retain Valarie for sensitive independent investigations. She was engaged by the Board of Commissioners for the Chicago Park District to investigate the district’s response to allegations of sexual assault and a widespread culture of sexual harassment, bullying, and hazing within its lifeguard community. A United States sports organization retained her to investigate workplace culture and harassment. Other engagements have involved a shooting on a college campus, the sexual assault of a hospital employee, a student suicide following a college hazing event, gender and racial discrimination, whistleblower retaliation, and police department practices.

• Pharmaceutical manufacturer in litigation involving alleged fraudulent conduct by a vendor.
• Electronics manufacturer in consumer products class action alleging environmental contamination from product.
• Former head of safety of a chemical company in litigation resulting from explosion at the company.  
• Corporate owner of ships in litigation resulting from pipeline damage and resulting oil spill.
• Global consumer goods company in class action involving allegations that a hair relaxer product caused burns and hair loss. Negotiated favorable settlement for client.

• Global insurance company in class action involving allegations of employment discrimination. Obtained denial of class certification and a favorable settlement for client.
• Consumer goods company in a Consumer Product Safety Commission (CPSC) matter involving an alleged hazardous product.
• Electric company in enforcement action by DOJ for violations of clean air laws related to one of its plants in St. Louis, Missouri.
• Corporate provider of skilled nursing facilities in a Racketeer Influenced and Corrupt Organizations (RICO) lawsuit related to FCA violations. Obtained favorable settlements for client.
• FDIC as the plaintiff in multiple actions against directors and officers of failed banks. Obtained favorable multi-million dollar settlements for client.
• FDIC as the plaintiff in a lawsuit against an insurance carrier who denied payment on a $22 million dollar bank fidelity bond. Obtained favorable settlement for client after the FDIC prevailed on summary judgment.
• Global hotel supply distributor in lawsuit alleging fraud and breach of contract. Obtained dismissal of complaint for client.
• Retailer of animal health products in lawsuit related to non-compete agreements.
• Individual in wrongful conviction §1983 action against City of Chicago. Obtained a $25.2 million dollar verdict for client.
• Bank executive in a DOJ and Office of Inspector General/Small Business Administration (OIG/SBA) case charging client with SBA loan fraud. Obtained complete dismissal of all charges against client.
• Oil and gas trader charged with market manipulation. Obtained complete dismissal of all charges against client.

• J.D., Harvard Law School
• B.A., University of Illinois at Urbana-Champaign, summa cum laude

• Illinois
• Northern District of Illinois Trial Bar
• U.S. Court of Appeals for the Seventh Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court, Northern District of Florida
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Southern District of Indiana
• U.S. District Court, Southern District of Iowa
• U.S. District Court, Western District of Michigan

• American Bar Association, Section of Litigation
• Former Board of Directors, Finance and Governance Committee, Federal Bar Association
• Board of Directors, President, Harvard Law Society of Illinois
• National Association of Criminal Defense Lawyers
• Women’s White Collar Defense Association (WWCDA)

• Assistant U.S. Attorney, Chicago

• U.S. District Court, Northern District of Illinois, The Honorable Suzanne Conlon