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증권•선물규제

With a global team of more than 100 enforcement attorneys, including former SEC attorneys and federal prosecutors from the U.S. Department of Justice and many U.S. Attorney’s Offices, we understand the complexities of both the financial products of today’s markets and interfacing with the government. Our enforcement and regulatory attorneys have extensive experience handling the most significant securities and futures enforcement initiatives.

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Experience

  • Lead defense counsel for several of the largest private equity firms in the U.S. in significant SEC enforcement inquiries. We have also represented private equity clients in hundreds of SEC examinations.
  • Represented a major public company facing numerous whistleblowers in an aggressive, multi-year SEC inquiry into alleged revenue recognition, expense and disclosure issues. We worked with accounting and industry experts to conduct our own internal reviews and were able to use those results to significantly limit the scope of the SEC’s inquiry. We kept the matter non-public and convinced the staff to close the investigation with no enforcement action.
  • Represented a global clothing retailer in negotiating the first nonprosecution agreement with the SEC following its announcement of the cooperation initiative. We represented the audit committee of the retailer in connection with a massive internal investigation into accounting fraud issues that resulted in a five-year restatement of financials, the resignation of the company’s president, and an extensive self-report of issues to the staff of the SEC and U.S. Attorney’s office.
  • Represented one of the world’s largest institutional money managers in investigations by the SEC and Massachusetts regulators focusing on alleged material omissions of information provided to investors regarding the funds’ exposure to the subprime mortgage market, selective disclosure to key client groups, and the use of leverage and derivative funds. The eventual settlement with the SEC and the state regulators was completed on a neither admit nor deny basis, and we were able to convince the SEC staff to drop its demand for a scienter-based claim and settle for a negligence-based charge.  
  • Represented a formerly multi-billion dollar hedge fund and its founder in connection with one of the largest west coast-based insider trading investigations. The case, which began as part of the SDNY’s multi-year, high-profile investigation into hedge fund research and trading, arose out of the actions of a former analyst who pled guilty and was sentenced to five years imprisonment for conspiracy to commit securities fraud. His alleged co-conspirator in the scheme was also convicted of two counts of securities fraud and conspiracy after a jury trial. We secured a negligence-based settlement with the SEC on behalf of the hedge fund and its founder.
  • Represented a closed end mutual fund in the first-ever case related to manipulation of an auction for ATP stock by its issuer. We took over the representation from another firm once the SEC staff indicated that they intended to serve the company and its officers with a Wells Notice and overcame the initial demand by the SEC for a high-dollar, fraud-based settlement, achieving a settlement in principal on non-scienter based charges with little monetary impact on the fund.

A highly capable team with impressive strength in the representation of private equity firms in SEC investigations and enforcement proceedings.

Very knowledgeable in the subject matter and workings of the SEC.

Chambers USA