Emily S. Unger

Emily Unger is a partner in the firm’s Complex Litigation & Dispute Resolutions practice and is a member of the firm’s Private Investment Litigation group, as well as Government Investigations & Enforcement group. Her practice involves a broad range of complex private investment litigation and commercial disputes, as well as government and internal investigations. She represents private investment funds, advisors, portfolio companies and their directors, and founders in a wide range of disputes and contexts, including complex commercial litigation, acquisition and partnership disputes, business torts, and in connection with internal and government investigations and crisis management.

Emily has represented corporate and individuals clients, buyers and sellers, as well as clients with board control and those with minority positions in connection with a variety of private investment litigation and commercial disputes, internal and board committee investigations and crisis management. She frequently represents her clients in a variety of post-closing matters, including disputes arising out of escrow and indemnification disputes, restrictive covenant violations, and working capital disputes.

Emily has also conducted dozens of internal corporate investigations for both public and private companies, boards of directors, and special board committees into allegations of securities and private investor fraud, revenue recognition treatment and other financial accounting improprieties, workplace misconduct, cybersecurity and data privacy incidents, and alleged FCPA and FCA violations. She brings her specialized understanding of Goodwin’s private investment clients and their business structures to her management of internal investigations and crisis management as allegations of wrongdoing arise in these contexts, including at the time of pre-acquisition diligence and post-acquisition integration. Emily also represents clients before state and federal regulators, including the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and handles all aspects of self-reporting decisions, government investigations, and remediation that may ensue as a result of internal investigation findings.

Emily’s recent representation’s include:

• Represents private-equity backed online educational company in connection with restrictive covenant and copyright litigation pending in federal court in Massachusetts against former employee.
• Represents buyer, an international pharmaceutical company, in connection with post-closing litigation brought by seller related to earn-out dispute in Delaware Chancery Court.
• Represented founder seller in connection with investment firm buyer’s post-closing claims of fraud, breach of contract, and breaches of representations and warranties in litigation in Delaware Chancery Court.
• Represented a cloud-based location technology platform company in a putative class action alleging data privacy violations in federal court in Massachusetts, obtaining a dismissal of all claims.
• Represented private equity firm and one of its operating partners in defending against an action brought by sellers in Delaware Superior Court alleging fraudulent inducement, unjust enrichment, and breach of contract, obtaining dismissal of all claims.
• Conducted an expedited internal investigation on behalf of a special committee of the Board of Directors of an international public company into allegations of revenue fraud and anti-bribery violations at a recently-acquired U.S. subsidiary
• Represented a biotech startup in an investigation regarding numerous whistleblower complaints alleging misconduct by senior management and alleged FDA and securities fraud in recent fundraising rounds.
• Represented medical device public company is responding to SEC inquiry regarding alleged revenue fraud, successfully obtaining closure of the inquiry prior to any charges being brought.
• Successfully defended global luxury hospitality company in arbitration involving breach-of-contract claims totaling over $300 million. After a week-long evidentiary hearing, the arbitration panel denied claimant any monetary relief and ordered claimant to pay all of client’s legal fees.
• Represented a global technology company in relation to civil False Claims Act qui tam litigation and criminal investigations by the US Attorney's Office and the US Department of Justice, National Security Division relating to contracts with the US Department of Defense, and allegations of contract and immigration fraud, and ITAR violations relating to the engineering work of back office employees in Russia.
• Represented one of North America’s largest truckload freight transportation providers in connection with US Department of Justice and Securities and Exchange Commission investigations concerning securities fraud and related matters involving our client’s financial statements.

Emily has also been actively involved in pro bono matters, including representation of numerous clients in immigration proceedings.

Emily is a member of the Boston Bar Association.

Prior to joining Goodwin, Emily served as a judicial intern to the Honorable Gene E. K. Pratter of the US District Court for the Eastern District of Pennsylvania.

During law school, she also served as a note editor for the Boston University Law Review.

Emily was recognized by Best Lawyers as part of the 2023 Best Lawyers: Ones to Watch in America.

Emily's recent publications include:

• Co-Author, “Beyond Penalties and Disgorgement—What to Expect from the SEC in 2023,” New York Law Journal, February 2023
• Co-Author, “SEC Announces Record-Breaking Penalties and a 9% Increase in total number of Enforcement Actions in FY 2022,” Goodwin Client Alert, November 18 2023
• Contributor, "2021 Year in Review: Foreign Corrupt Practices Act," February 2022
• Contributor, "2020 Year in Review: Foreign Corrupt Practices Act," February 2021
• Co-Author, “Corporate Whistleblower Developments and Best Practices,” Corporate Counsel, November 2018
• Co-Author, “Second Circuit Limits Reach of FCPA,” Goodwin Client Alert, August 2018 
• Speaker, "2021 Year in Review: Foreign Corrupt Practices Act," February 2022
• Speaker, “Best Practices Compliance Programs to Avoid Violations of the FCPA and other Anti-Corruption Regulations,” Boston Bar Association’s virtual White Collar Crime Conference, February 2021