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Nancy Kestenbaum, a partner in New York, represents companies and individuals in a variety of white collar criminal and regulatory enforcement matters and complex civil litigation. She has conducted corporate internal investigations and defended institutions and dozens of officers, directors, executives, accountants and attorneys in grand jury, SEC, antitrust, and other regulatory investigations. Ms. Kestenbaum has extensive experience representing clients in the financial services, life sciences and technology industries and also represents clients in complex civil litigation.
Ms. Kestenbaum is a member of the firm's Management Committee.
Ms. Kestenbaum served for nine years as a federal prosecutor in the United States Attorney’s Office for the Southern District of New York, where she investigated and prosecuted numerous cases including securities fraud, tax offenses, bank fraud, money laundering, obstruction of justice, civil rights violations, bribery and perjury, and served as Chief of the General Crimes Unit and Deputy Chief of the Criminal Division, where she supervised and trained dozens of other prosecutors.
Representative Matters
- Defense of several life sciences companies in connection with litigation involving the U.N. Oil-for-Food Programme.
- Representing investment managers in connection with the Madoff securities matters.
- Represented and defended companies in connection with SOX whistleblower issues.
- Representing a leading investment bank in parallel investigations by the Antitrust Division of the Department of Justice and the SEC involving alleged bid-rigging in the municipal derivatives market.
- Representation of company and individuals in various DOJ, SEC, and internal stock option dating investigations and litigation.
- Defense of Freddie Mac in connection with class action and derivative litigation involving its $5 billion earnings restatement.
- Representation of numerous individuals in connection with DOJ, SEC, and NYSE investigations involving alleged improper trading by NYSE specialists.
Previous Experience
- U.S. Attorney's Office, Southern District of New York, Chief, General Crimes Unit (2002-2003)
- U.S. Attorney's Office, Southern District of New York, Deputy Chief, Criminal Division (2002)
- U.S. Attorney's Office, Southern District of New York, Assistant United States Attorney (1994-2002)
Honors and Rankings
- Euromoney, Benchmark: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, NY (2009)
- New York Super Lawyer, White Collar (2007-2008)
- Legal 500, White Collar (2008)
Publications and Speeches
- "Document Retention: Ethical, Legal & Practical Advice for Determining the Documents You Should (and Are Required to) Preserve," New York City Bar Association (April 2009)
- "Legal, Ethical and Strategic Issues in Internal Investigations," PLI Conference (2006-2008)
- "Securities Fraud Enforcement," ABA National Institute on White Collar Crime (March 2007)
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