Representative Matters

We have been lead counsel in a broad array of matters, including:

Public Company Financial Reporting, Disclosure, Corporate Governance

    • Represented the former Chief Financial Officer of Indymac Bancorp in connection with investigations by the SEC, DOJ, FDIC and bankruptcy trustee as well as private civil litigation related to the third largest bank failure in history.  Obtained dismissal by summary judgment on all of the SEC’s claims in SEC v. Perry and Keys (C.D. Cal.).   Successful resolution of related civil claims in numerous actions without any personal payment.
    • Represented Time Warner Inc. and its senior officers in connection with investigations and settlements originating with accounting and financial reporting from the AOL business unit.
    • Represented Adelphia Communication in the SEC investigation and settlement related to its financial reporting and disclosure of related party transactions.
    • Represented Cablevision Systems Corporation in connection with various SEC and DOJ investigations, and eventual SEC settlement concerning financial reporting and internal accounting controls.
    • Represented Hain Celestial Corp. in connection with SEC investigation and settlement concerning options backdating.
    • Represented a leading automotive industry consulting in the SEC investigation and settlement related to Delphi’s financial reporting and disclosure.
    • Represented numerous senior corporate officers, board members, and lawyers in connection with options backdating investigations conducted by the SEC, DOJ and board committees.
    • Represented numerous senior corporate officers, board members, and lawyers in connection with SEC investigations of financial reporting, disclosure, related party transactions, and proxy rules.
    • Represented public company directors in connection with ongoing SEC investigation concerning disclosure, internal controls and related party transactions.
    • Represented various independent boards in internal inquiries involving conduct by senior officers.
    • Conducted internal review and report regarding executive compensation to a Board Committee of one of the nation’s largest banks.
    • Appointed by the District Court to serve as corporate monitor in connection with SEC and DOJ actions against the company’s founder and CEO.

Broker-Dealers and Asset Managers, trading and market abuse

  • Represented E*Trade Securities LLC in connection with SEC investigation and settlement concerning alleged trading ahead by specialists on Chicago Stock Exchange.
  • Represented Cohen & Co. Securities LLC in connection with FINRA investigation and settlement concerning alleged improper markup of fixed-income securities.
  • Represented Van Wagoner Capital Management and its officers in connection with SEC investigation and settlement related to portfolio valuations.
  • Represented CFO of publicly held asset manager in SEC investigation and settlement related to fair valuation of CLO portfolio.
  • Ongoing representation of a large CDO collateral manager and investment bank and its officers in investigations related to the financial crisis by the SEC, FINRA, SIGTARP, DOJ, the New York Attorney General, the FCIC, and the Senate Permanent Subcommittee on Investigations.
  • Represented broker-dealers and asset managers in extensive examinations and investigations by the SEC and FINRA related to mark-up, advertising, stock lending, sales practice, and fiduciary duty matters.
  • Represented research analysts in connection with FINRA investigations and settlements.
  • Represented traders and compliance professionals involved in international trading inquiries conducted by the SEC and the Financial Control Authority (UK).
  • Represented an overseas investment adviser and its principals in an SEC insider trading investigation that also involved a foreign securities authority and foreign courts.
  • Represented in-house counsel, investment bankers, and underwriters of major financial institutions in investigations related to the issuance of CDOs and RMBS securities in connection with the multi-agency financial crisis investigations.
  • Represented trader in connection with SEC and DOJ investigation and settlement and plea bargain related to manipulative trading.
  • Represented numerous fact witnesses in insider trading and market abuse investigations by the SEC and FINRA.

Accountants and Lawyers

  • Successfully obtained a dismissal following trial in an SEC administrative enforcement action against a former Big Four audit partner accused of improper professional conduct during an audit of a private equity client.  In re Oprins and McNeeley.
  • Represented Big Four accounting firm and its partners in connection with PCAOB formal investigation.
  • Represented numerous individual auditors in connection with SEC and PCAOB formal investigations involving alleged improper professional conduct.
  • Represented major law firms, partners and employees in multiple investigations by the SEC, DOJ and state bar authorities in matters involving financial reporting and disclosure.

 FCPA and Anti-Corruption

  • Served as the worldwide independent compliance consultant for ABB Ltd. in connection with its major FCPA settlement in 2004 with the SEC and DOJ.
  • Represented Rockwell Automation Inc. in connection with SEC investigation and settlement relating to alleged FCPA violations in China.
  • Represented Faro Technologies in connection with SEC and DOJ investigations and settlement concerning alleged FCPA violations in China.
  • Represented numerous senior officers of US public companies and foreign issuers in connection with complex SEC and DOJ FCPA investigations.
  • Designed anti-corruption compliance policies and training programs for numerous public and private companies, and provided ongoing counseling.

Litigation

  • Served as lead counsel for individuals in civil litigation related to federal securities and ERISA claims, state law claims, and breach of duty claims arising in various matters, including IndyMac Bancorp, The Mills Corp., The Apple REIT Companies, Zale Corp., Biomet Corp., and Delphi Corp.
  • Maintain an active pro bono practice, and represent numerous federal prisoners in connection with constitutional claims related to sentencing and parole, and numerous clients with immigration issues.
  • Litigate and negotiate on behalf of individuals, businesses, and non-profit institutions in connection with business disputes, employment issues, and other sensitive issues.

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