Experience Michael K. Lowman

Experience

Dismissal of Case Seeking to Ban “Obscene” Book in Virginia

Secured the dismissal of a Virginia state court case seeking to ban the sale of a client’s book. A Virginia Beach General Assembly Delegate brought the action against our client and one of its authors, filed under a decades-old statue and alleging that the book – a memoir, told in graphic novel form, of the author’s own journey of realizing their nonbinary and asexual identity – was “obscene.” Argued that the statute was unconstitutional both facially and as-applied, and that the petition failed to state a claim under Virginia law. The Court agreed and found that the book could not be considered “obscene” under state law, as well as that the statute was unconstitutional in violation of due process and the First Amendment.

Represented Mining Executive in Investigations

Represented senior mining executive of international mining company in SEC and Australian Securities and Investment Commission investigations into alleged financial misstatements concerning impairment of acquired developmental mining asset in Mozambique.

Represented CEO in SEC Investigation

Represented former chief executive of a public company concerning in SEC investigation arising out of a take-private transaction.

Represented Former Executive in SEC Insider Trading Investigation

Represented former executive of an international pharmaceutical company in a SEC investigation into alleged insider trading in advance of joint venture project.

Conducted Internal Investigation for Global Manufacturer

Conducted internal investigations on behalf of compliance department of global manufacturing company into potential accounting irregularities in automotive and communications divisions and interfaced with client’s outside auditors.

Conducted Internal Investigation, Ethics and Compliance Counseling for Public Company

Conducted internal investigation on behalf of public technology company’s audit committee and interfaced with company’s external auditors. Also counseled company concerning Code of Ethics and compliance program policies.

Represented Witness in SEC Insider Trading Investigation

Represented witness in a SEC investigation concerning alleged insider trading arising out of briefing of U.S. Senators concerning COVID-19 pandemic.

Represented Private Tech Company in Dispute with Lender

Represented private technology company in potential dispute with its lender arising out of potential private equity investment.

Conducted Internal Investigation for Mining Company

Conducted internal investigation on behalf of a special committee of an international mining company arising out of a project in Latin America.

Represented Public Vehicle Rental Company in SEC Investigation

Represented public vehicle rental company in SEC investigation into alleged financial fraud arising out of financial restatement.

Internal Investigation for Tech Company into Potential FCPA Violation

Conducted internal investigation for international technology company into potential FCPA violation arising out of a business partner transaction in Mexico and interfaced with DOJ with findings.

Represented Former Investment Executive in SEC Investigation

Represented former executive of investment company in SEC investigation concerning alleged misleading disclosures concerning quantitative models underlying financial products marketed to investors.

Internal Investigation for International Technology Company

Conducted internal investigation for an international technology company concerning alleged fraudulent financial information provided by an acquired business.

Represented Former Health Insurance CEO in Investigations, Shareholder Litigation

Represented former chief executive officer of public health insurance company in parallel SEC and DOJ investigations into alleged financial misstatements arising out of reimbursement calculations that led to a financial restatement. Also represented the client in shareholder class and derivative action litigation in state and federal court.