Enforcement & Litigation

Securities matters can be prosecuted civilly – by the U.S. Securities and Exchange Commission — criminally – by the U.S. Department of Justice or State Attorneys General – or both. Our lawyers include former senior SEC and DOJ trial attorneys and supervisors deeply experienced in every stage of proceedings, from investigation to charging to trial and beyond. Relying on that proven expertise, we construct meaningful strategies geared to deliver the best possible result for each client. We work against or with the government depending on the client’s needs and circumstances to achieve effective and efficient outcomes. When necessary, we are prepared to litigate, leveraging a trial-tested team that has tried more than 100 cases to verdict. In short, we do everything necessary to protect our clients and their interests.

Our clients are:

  • Officers & Directors of
    Public Companies
  • Accountants
  • Hedge Funds
  • Broker-Dealers
  • Investment Advisers
  • Mutual Funds
  • Privately-held Companies and Individuals involved in government investigations

The types of cases we handle involve:

  • Insider Trading
  • Disclosure Violations
  • Financial Accounting Practices & Controls
  • Registration and Market Trading Practices
  • FCPA Violations
  • Sales Practice Disputes
  • Whistleblower Matters
  • FINRA Rule Violations

Representative engagements include the following:

  • Represented UBS in over two dozen individual and class actions asserting federal securities, securities, RICO, and common law claims stemming from the alleged manipulation of the LIBOR, EURIBOR, SIBOR, TIBOR, SOR, and BBSW interest rate benchmarks, as well as parallel government investigations.
  • Secured favorable disposition—including no charges—for trader of American Depository Receipts amid SEC and DOJ Antitrust investigations into improper bidding.
  • Conducted internal investigation for multibillion-dollar private equity firm into potential employee insider trading violations.
  • Represented CEO of NYSE-listed company in SEC investigation into accounting and reporting matters involving revenue recognition and contingency reserves; no charges brought.
  • Represented State Treasurer in multimillion-dollar SEC yield-burning investigation; no charges brought.
  • Obtained no charges against bank director in SEC insider trading investigation involving his trading in bank’s own stock.
  • Obtained no charges against independent director of large mutual fund complex in SEC investigation into reporting and disclosure violations involving asset allocation.
  • Obtained no charges against CEO of major public company in parallel criminal and civil investigations into trading of company’s securities.
  • Obtained no charges against broker-dealer in connection with SEC insider trading probe involving trading in pharmaceutical company stocks.
  • Obtained no charges against COO of Fortune 500 company in SEC investigation into potential earnings management and revenue recognition practices.
  • Counselled blockchain company and chief executive in SEC investigation of unregistered sale and touting of digital assets.
  • Secured favorable administrative settlement for NASDAQ-listed tech company and its CEO in SEC investigation into alleged misconduct and misrepresentations by company’s former CEO.
  • Represented hundreds of broker-dealers and registered representatives in FINRA customer arbitrations and enforcement proceedings.

Regulatory Practice

Our regulatory clients range from individual financial planners to multi-billion-dollar asset managers whom we counsel regarding their obligations under the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Securities Exchange Act of 1934, FINRA’s rules and regulations, and applicable state law.  We provide the same extraordinary level of representation to all clients no matter the type or size.

Among the types of regulatory advice and counselling we provide are the following:

  • Advertising and Marketing
  • Form ADV and Form BD Registration and Advice
  • Disclosure obligations
  • Trading practices
  • Sales practices
  • Licensing
  • Customer Arbitrations/Disputes