Represented investment bank with respect to claims that CLO, TruPS, and ABS CDO traders, engaged in misconduct such as front running, mis-marking of trading book, inappropriate proprietary trading post-Volcker, and inappropriate mark-ups of positions sold to clients.
Represented financial advisor with respect to claims of breach of fiduciary duty and breach of contract made by the Government of the US Virgin Islands in connection with a municipal securities issuance.
Represented issuer and underwriter with respect to multiple claims by monoline insurers for breach of contract, indemnity and reimbursement related to residential mortgage-backed securities offerings.
Represented investment bank and certain of its employees in connection with investigations by DOJ, SEC, NCUA, FINRA, and various state AGs, regarding issuance of residential mortgage-backed securities.
Represented a public company director, CEO of a public company and CEO of a private entity in connection with insider trading investigations by the SEC and the DOJ. Representations resulted in declination, judgment of acquittal, and deferred prosecution, respectively.
Represented a major financial institution in connection with multiple investigations of potential bribery associated with bond offerings in Latin America. Matter resulted in declination by the DOJ and the SEC with respect to the institution.
Represented the audit committee of a public telecommunications company in connection with internal investigations of alleged FCPA violations by employees of one of its foreign subsidiaries.
Represented New York-based private equity fund in lawsuits and proceedings pending in New York and Florida state courts as well as bankruptcy court, related to the fund’s efforts to recover losses from executives of a failed portfolio company.
Represented private equity funds in connection with investigations by the SEC, the New Mexico attorney general, and the North Carolina attorney general into the use of placement agents to solicit investments from public retirement funds.
Represented a federal savings bank in an adversary proceeding brought by a federally sponsored home loan bank, or constructive trust and unjust enrichment, to recover $41.5 million deposited with certain entities as collateral for a derivative transaction. Successfully moved for summary judgment with respect to all claims by the home loan bank against the savings bank.
Represented entities associated with a global financial services firm in moving to dismiss a complaint in an adversary proceeding by a home warranties company challenging the entities’ right to foreclose on approximately $80 million of “repo” collateral prior to the home warranties company’s bankruptcy.