Deep Expertise and Experience
Few firms can match the depth of expertise and experience of Covington’s securities enforcement group. Our practice is led by former senior SEC officials and federal prosecutors. It includes the former SEC Chief Litigation Counsel, head of the SEC’s San Francisco Regional Office, Director of the SEC’s Division of Corporation Finance, and chiefs of the securities fraud units in the U.S. Attorney’s offices in New York and San Francisco. With this reservoir of experience and credibility, we have successfully handled hundreds of SEC, CFTC, and FINRA enforcement investigations and related criminal matters for both companies and individuals.
Optimal Solutions for Complex Matters
We consistently achieve solutions that minimize our clients’ legal exposure, costs, and adverse collateral consequences. We understand that our clients’ businesses do not stop because of government investigations or litigation, and we work closely with our clients to manage matters to minimize disruption and distraction. We use creative strategies to streamline investigations and resolve matters before they draw public scrutiny, but when necessary we successfully navigate complex investigations, negotiate resolutions, and litigate and exonerate our clients at trial. We always staff matters with an eye towards controlling costs, and draw on our deep bench when significant resources are needed.
Global Reach
We regularly manage complex matters that involve multiple jurisdictions and regulators. With offices in Washington, New York, San Francisco, London, Brussels, Beijing, Shanghai, and Seoul, senior members of our white collar, regulatory, industry, privacy/data security, and eDiscovery practices are on the ground in the Americas, Europe and Asia.
A Coordinated Approach
We are especially adept at handling corporate crises that garner the attention of multiple regulators, enforcement authorities, and private litigants. Our expertise spans all aspects of these complex matters, including internal and regulatory investigations, prosecutions of companies and their employees, crisis management, whistleblower claims, related tort or shareholder litigation, and insurance matters. We coordinate the multifarious -- and often conflicting -- facets of corporate crises to achieve the client’s overarching objectives.
Representative Matters
- Achieved a highly favorable settlement for the New York Stock Exchange in a widely reported SEC action involving the exchange’s dissemination of market data. No fraud or intentional wrongdoing was alleged, and no individuals were charged.
- Concluded an 18-month SEC FCPA investigation of Deere & Company relating to operations in Russia and other CIS states with SEC Enforcement staff terminating investigation with no recommendation of enforcement action.
- Representation of the former CEO of IndyMac in an SEC enforcement action. We successfully narrowed a seven-count securities fraud complaint at summary judgment, knocking out most of the charges. The SEC ultimately agreed to a settlement of a single negligence-based claim, requiring a payment of only $80,000 and imposing no D&O or other bars.
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