Cases
Experience: Representative Matters: Financial Services Regulatory: Represents clients in responding to requests from the SEC in its SolarWinds Compromise cybersecurity investigation.
Represented registered
unregistered individuals
entities in a substantial number of SEC investigations into potential violations of the anti-fraud, registration,
other provisions of the federal securities laws. Sample representations include former CEOs of medical device
technology companies in SEC investigations of insider trading in their company's stock.
Represented CFO of an investment management company in an SEC investigation concerning alleged violations of the Investment Advisors
Investment Company Acts of 1940.
Represented a broker-dealer in a contested FINRA disciplinary proceeding alleging complaint reporting violations
a registered representative in a contested FINRA disciplinary proceeding alleging outside business activity violations. Negotiated Letters of Acceptance, Waiver,
Consent in FINRA investigations involving sales of mutual fund Class B/C shares, selling away
outside business activities,
supervision matters.
Represented two Chicago Board Options Exchange member firms, their principals
several floor traders in a consolidated disciplinary proceeding instituted by the CBOE Business Conduct Committee. The charges alleged numerous violations of CBOE rules, the Securities Exchange Act of 1934,
the regulations of the Federal Reserve Board. After a contested hearing lasting three days, the Business Conduct Committee dismissed all charges.
Represented broker-dealers, supervisors,
registered representatives in numerous SEC, FINRA, state securities regulator,
exchange investigations into such matters as pay-to-play, micro-cap stock transactions, anti-money laundering, supervision, market manipulation, insider trading, suitability, misrepresentation,
reporting issues. In connection with many of these investigations, Wells submissions were prepared
filed.
Represented a large financial institution
its financial advisors in Department of Labor investigations into investment management consulting services provided to Taft-Hartley plans.
Represented introducing broker
futures commission merchant in an action filed before the Commodity Futures Trading Commission alleging wrongful account liquidation. The Administrative Law Judge dismissed the complaint after a contested evidentiary hearing.
Class Actions: Represented an investment advisor
its principal in a state court investor class action alleging various breaches of fiduciary duty
conflicts of interest in connection with investments in a mutual fund. After the defendants removed the case to federal court pursuant to the Securities Litigation Uniform St
ards Act
moved to dismiss, one of the named plaintiffs moved to rem
the case back to state court. The District Court judge ruled that the action was properly removed under SLUSA, denied the motion to rem
dismissed the action with prejudice.
Represented a Wisconsin pharmaceutical company
its officers
directors in a putative consolidated class
derivative action pending in the Circuit Court of Cook County, Illinois, alleging breach of fiduciary duty, violations of state law,
NASDAQ rules arising out of a reverse triangular merger. GT filed summary judgment
on July 11, 2019, the Circuit Court of Cook County granted summary judgement in its entirety
dismissed plaintiff's amended class action complaint.
Represented a national broker-dealer in a putative class action in the Northern District of Ohio alleging violations of Section 12(a)(1) of the Securities Act of 1933 as well as blue sky
common law claims arising out of transactions in the common stock of Biozoom Technologies, Inc. The Court granted the defendants' motion to dismiss the second amended complaint.
Represented the former Chief Executive Officer
board member of a NASDAQ-listed health care technology company in a putative consolidated class action
related derivative actions pending in the Northern District of Illinois
the Circuit Court of Cook County alleging violations of Sections 10(b)
20(a) of the Securities Exchange Act, breach of fiduciary duty,
corporate waste. The Court granted the defendants' motion to dismiss the amended complaint.
Represented a lender/underwriter in a putative class action filed in the Central District of California alleging that defendants financed
underwrote an unlawful subprime mortgage lending scheme. The complaint alleged violations of RICO, Truth in Lending Act, Equal Credit Opportunity Act,
California's Unfair Competition Law ( 17200), as well as common law fraud. The Court granted the defendant's motion to dismiss the second amended complaint.
Represented an investment bank in a consolidated securities class action concerning the restructuring
subsequent bankruptcy of a bank holding company filed in the U.S. District Court for the District of Delaware. The complaint alleged material misstatements in a proxy statement. The Court granted the defendant's motion for summary judgment.
Internal Investigations: Represented publicly traded companies, committees,
executive officers in internal investigations, including an investigation for an investment bank into its acquisition of a structured products business
accounting for fees generated in collateralized debt obligation transactions
represented a Chief Executive Officer in an insider trading investigation, an investigation for a large broker-dealer into compliance
supervisory issues in its largest market group
an investigation for a grocery food chain into trading activities by senior officers.
Represented large financial institutions in internal investigations into company-wide sales
supervision of complex financial instruments
business practices. Investigations involved hundreds of interviews of company personnel, including executive management.
Other Representative Matters: Represented an investment banker in an action filed in the Circuit Court of Cook County, Illinois, alleging breach of fiduciary duty in connection with the alleged misappropriation of a bank acquisition idea. Directed verdict granted in favor of banker
other defendants after a five-day trial.
Represented officers
directors of a start-up company in an investor mass action alleging violations of the securities laws in connection with investments in the company. Secured the withdrawal
dismissal of all claims against two defendants
settlement on highly favorable terms against another defendant.
Represented a national bank
a broker-dealer in a state court action alleging statutory
common law claims arising from the sale of interest rate swap agreements. Secured dismissal of all claims by trial court. Trial court judgment affirmed on appeal.
Represented a large broker-dealer in a FINRA arbitration alleging, among other things, financial elder abuse under California law. After an eight-day hearing, the panel entered an award dismissing all claims, awarding the respondent its requested attorneys' fees,
assessing most of the forum fees to the Claimant.
Represented a broker-dealer in a FINRA arbitration alleging breach of fiduciary duty
gross negligence in connection with the company's decision to shut down a client's naked put trading strategy. Client claimed damages of approximately $20 million. After 10 days of hearing, the panel dismissed all claims.
Represented an investment bank, its former CEO,
others in a derivative action filed in the Circuit Court of Cook County, Illinois, alleging a conspiracy to misappropriate stock option trade routing software. The Court granted the defendants' summary judgment motion,
the Illinois Appellate Court affirmed the trial court decision.
Defended a broker-dealer in a $1.25 million wrongful termination claim brought by a Vice President. After five days of hearing, the panel dismissed all claims.
Represented a travel company concern in a declaratory judgment action regarding the bonus payment due to the former Chief Executive Officer of a subsidiary under an employment agreement
also retained by the company to defend an action alleging violations of a stock purchase agreement payout provision.
