Experience
Fraud Litigation Against Former Directors of a Bankrupt Canadian Company
Represented former directors of a defunct Quebec, Canada metal production company in their individual capacities in connection with a $40 million-plus lawsuit brought by a lender in NY’s Commercial Division alleging multiple counts of fraud for false and misleading statements made during the loan process.
FINRA Investigation into a Firm’s Compliance with Gift and Entertainment Rules
Representation of registered representatives in a FINRA investigation of a broker-dealer concerning violations of industry rules governing non-cash compensation practices and arrangements (i.e., via gifts and entertainment) with clients, prospects, and other third-parties.
SEC Investigation of an Investment Scheme to Defraud Retail Investors
Representation of a real estate investment firm in connection with an SEC investigation concerning its potential involvement in a scheme orchestrated by an accounting firm to defraud retail investors of an estimated $50 million.
SEC Investigation Regarding Failure to Generate Trade Confirms for Retail Customer Transactions
Representation of a major broker-dealer in connection with an SEC investigation into its compliance with industry rules requiring the provision of trade confirmations to retail customers in connection with their purchase and sale of debt securities.
Internal Review/SEC Investigation Regarding BD and IA Recordkeeping Violations
Representation of a regional financial institution in connection with an SEC investigation concerning recordkeeping violations resulting from broker-dealer and investment adviser employees’ use of personal devices for business communications (and related internal reviews for another regional financial institution which sought counsel regarding its duty to self-report similar record retention violations to the SEC and FINRA).
FINRA Sweep Review into a Broker-Dealer’s Rights of Reinstatement Program
Representation of a broker-dealer in connection with a FINRA sweep review concerning the functionality and supervision of the rights of reinstatement and contingent deferred sales charge programs operated on the firm’s mutual fund platform.
Parallel SEC and DOJ Investigations of an Asset Manager Regarding Potential Bond Market Manipulation
Representation of a global asset management firm in connection with parallel SEC and DOJ investigations into potential market manipulation of certain thinly traded municipal bonds during a period of illiquidity in the market.
SEC Investigation of NRSRO’s Compliance with Conflict-of-Interest Rules
Representation of an issuer of certain mortgage-backed securities in an SEC investigation into whether a Nationally Recognized Statistical Rating Organization (NRSRO) complied with industry conflict of interest rules when assigning the credit ratings of those securities.
Parallel SEC and DOJ Investigations of a Broker-Dealer Regarding Suspicious Trade Activity
Representation of a major broker-dealer in connection with parallel government investigations conducted by the DOJ and SEC concerning potential insider trading activity involving prime brokerage customers.
FINRA Arbitrations Involving Prime/Retail Customer-Based Claims
Representation of broker-dealers (i.e., prime brokerage business) and associated individuals (i.e., financial advisors) in customer-based FINRA arbitrations concerning the prosecution and defense of various claims such as breach of contract, breach of fiduciary duty, fraud, misappropriation and unjust enrichment.
FINRA Surveillance and Market Intelligence Inquiries Issued to Market Participants
Representation of broker-dealers, public companies, and private equity firms in response to FINRA Surveillance and Market Intelligence inquiries focused primarily on the detection of insider trading activity and other suspicious trade activity.
Government Testimony, Witness Interviews of Associated Individuals
Representation of associated individuals of interest ordered to provide on-the-record testimony or asked to participate in witness interviews conducted by the SEC, FINRA, or the DOJ in matters concerning, among other issues, insider trading activity, false or misleading statements, conflicts of interest, and investment suitability.
