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Experience
Internal Investigations
- Representing brokerage firms in connection with industrywide CFTC investigation into the trading of interest rate products in connection with corporate bond issuances.
- Conducting investigation into company and personnel accused of extortion and blackmail.*
- Conducted investigations for multiple brokerage firms in connection with domestic and international regulatory inquiries into the setting of financial benchmark rates and trading of associated financial products (including foreign exchange (FX), FX options, and interest rates swaps), and defended against related civil litigation.
- Conducted investigation for brokerage firm in connection with industrywide CFTC investigation into the setting of the ISDAFIX benchmark rate.*
- Conducted investigation for financial guaranty insurer in connection with the purchase and sale of financial guaranty insurance leading up to the financial crisis.*
- Conducted investigation for global bank into anonymous allegations of kickbacks and bribery.*
- Conducted investigation for footwear retailer into allegations of accounting irregularities and related investigation by the SEC.*
Other Institutional Representations
- Represent firms and individuals in connection with CFTC enforcement investigations.
- Represented financial guaranty insurer in litigation across the country and regulatory inquiries concerning bond offerings, auction rate securities, and residential mortgage-backed securities (RMBS).*
- Defended brokerage firm in connection with regulatory inquiries into anticompetitive conduct concerning credit default swaps.*
- Represented a private equity firm in two lengthy arbitrations concerning hedge fund valuation, employment law, and breach of contract issues.*
- Represented private equity firm in connection with breach of contract and other post-closing claims arising from sale of a business.*
Complex Litigation and Class Actions
- Representing major multinational travel company in groundbreaking Delaware Chancery Court litigation concerning whether COVID-19 and its aftermath constitute a material adverse event or a departure from the ordinary course sufficient to avoid closing a multibillion-dollar share sale.
- Serving as lead attorney for multiple defendants in numerous class action litigations alleging antitrust, Commodity Exchange Act (CEA) and Racketeer Influenced and Corrupt Organizations Act (RICO) violations in the setting of various financial benchmark rates.
- Representing two clients in Dutch class action litigation filed in Amsterdam concerning alleged manipulation of numerous financial benchmarks. Succeeded in having one client dismissed for lack of jurisdiction and in having claims narrowed as to the other client to a shorter time span involving only allegations on yen LIBOR and Euroyen TIBOR. (Currently briefing on admissibility of plaintiff foundation to assert class claims.)
- Served as lead attorney for defendant firm in connection with class action litigation concerning an alleged antitrust conspiracy to manipulate the setting of the U.S. dollar ISDAFIX benchmark rate. Case settled favorably after briefing on class certification was submitted by both sides and fact and expert discovery was complete.*
- Succeeded in having clients dropped from certain actions and dismissed from others for lack of personal jurisdiction relating to U.S. dollar LIBOR.*
- Succeeded in having clients dismissed from one action for lack of personal jurisdiction; succeeded in having second action dismissed for lack of standing in matters relating to yen LIBOR and Euroyen TIBOR. Ruling was reversed on appeal and the action is currently subject to additional motion practice in the district court.*
- Succeeded in having clients dismissed for lack of personal jurisdiction regarding Bank Bill Swap Rate (Australian benchmark).*
- Succeeded in having action involving 12 clients and other defendants dismissed for lack of standing by the plaintiffs regarding Swiss Franc LIBOR. (Dismissal currently on appeal to the U.S. Court of Appeals for the Second Circuit.)*
- Succeeded in having clients dismissed for lack of personal jurisdiction relating to EURIBOR. (Dismissal currently on appeal to the Second Circuit.)*
Individual Clients
- Represented a trader in connection with multiple class action litigations and associated regulatory inquiries concerning government-sponsored enterprise bond trading.
- Represented the former president of a company in connection with DOJ antitrust inquiry.*
- Represented trader in connection with class action litigation and associated criminal inquiries concerning U.S. Department of Treasury auction trading.*
- Represented a group of employees in the credit department of a bank in connection with multiple regulatory inquiries and civil litigation into the purchase and sale of RMBS.*
- Represented chief engineer of automobile manufacturer in connection with criminal, regulatory, and civil inquiries into defect issues.*
- Represented an independent distribution consultant in connection with issues surrounding the distribution of a Sarbanes-Oxley Fair Fund.*
- Represented the president of a brokerage firm in connection with multiple regulatory and criminal investigations into market timing.*
- Represented the president of a brokerage firm in connection with SEC investigation into market misrepresentations.*
- Represented senior company employees as witnesses in a significant securities litigation class action and related regulatory and criminal investigations.*
- Represented a senior officer of biopharmaceutical company in connection with regulatory, criminal, and congressional subcommittee inquiries into insider trading allegations.*
*Prior experience
