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Internal Investigations 2014


Speaker(s): Andrew J. Morris, Andrew M. Calamari, Colleen P. Mahoney, David B. Anders, David S. Krakoff, Elaine H. Mandelbaum, Gregory P. Nehro, Gregory S. Bruch, Holly K. Kulka, James E. Johnson, Katherine R. Goldstein, Lee G. Dunst, Martine M. Beamon, MaryJeanette Dee, Mei Lin Kwan-Gett, Nancy Kestenbaum, Peter J. Romatowski, Renee B. Phillips, Richard J. Morvillo, Steven E. Fagell, Steven R. Peikin
Recorded on: Jun. 24, 2014
PLI Program #: 51279

Andrew J. Morris, a partner in our Washington, D.C. office, has extensive experience in securities litigation, government investigations and enforcement actions, and related complex financial litigation. His practice focuses on securities disputes and other financial reporting matters, professional liability claims including accountant liability, corporate governance disputes, and matters involving the SEC and other financial regulatory agencies. His cases typically involve issues such as fraud, securities statutes, financial reporting, professional standards of care, RICO, FCPA, conspiracy, and other financial statutes such as FIRREA. He litigates business torts and other commercial disputes. Andy has extensively litigated topics including loss causation, materiality, market efficiency, damages, director-and-officer liability, in pari delicto and class certification. He has experience in procedural settings including parallel proceedings, internal investigations, class actions, grand jury investigations, and actions by bankruptcy trustees and litigation trusts, as well as in PCAOB, FINRA, and professional disciplinary matters. He advises clients about issues involving audit committees and special committees.

Andy has tried numerous cases and argued appeals in a variety of federal and state courts, and has tried administrative matters and arbitrations. Andy served as a federal prosecutor and in the United States Department of Justice’s Office of Professional Responsibility.

Andy writes and speaks regularly about topics in enforcement and complex financial litigation; his writing is cited by courts, commentators, and scholars. He taught trial advocacy for the National Institute for Trial Advocacy.

Andy clerked for the Honorable Max Rosenn of the United States Court of Appeals for the Third Circuit. Andy holds law degrees from Oxford University and University of Virginia Law School and a B.S. from the University of Virginia, all with honors. He is a certified public accountant and an alumnus of Price Waterhouse.

Selected Representations

  • Defend accounting firm against securities class action relating to audit of Chinese company.
  • Defend portfolio manager of a collateralized-debt obligation (CDO) against fraud and other claims brought by institutional investor.
  • Defend former senior bank executive in SEC investigation relating to Swiss banks.
  • Defend national accounting firm in SEC investigation.
  • Defend accounting firms, including overseas member firm of international accounting network, in PCAOB matters.
  • Defend president of investment company in grand jury investigation and related litigation.
  • Defend law firm against RICO and other claims brought by bankruptcy trustee, based on alleged fraudulent sale of securities by the firm’s former client.
  • Defend the former chairman of a public company in a securities class action.
  • Defend a public company, its directors, and its senior officers in a securities class action.
  • Represent professional clients in investigations and litigation relating to mortgage foreclosure practices.
  • Represent national accounting firm audit partner in grand jury investigation.
  • Defend a national accounting firm in matters arising from the failure of its audit client due to involvement in securitization of subprime mortgages. Matters included:
o securities class actions and other securities claims;
o enforcement action by the Office of the Comptroller of the Currency; and
o claims brought by the Federal Deposition Insurance Corporation.
  • Defend a corporation and its officers against minority shareholder challenges to a merger and related transactions.
  • Defend a national brokerage firm against fraud claims in FINRA matter.
  • Represent public company in a dispute involving valuation of pension liability.
Recent Publications
  • A Closer Look At The Securities And Exchange Commission’s Accounting Quality Model, Securities Law360 (Jan. 5, 2014)
  • Common Defense Arguments In PCAOB Actions (co-author), Morvillo LLP (Oct. 28, 2013)
  • Why Continuing Attacks On In Pari Delicto Will Fail, Securities Law360 (Sep. 11, 2013)
  • SEC’s Golden Years Of Accounting-Fraud Cases May Be Over, Securities Law360 (June 6, 2013)
  • SEC Sanctions Against Auditors: Recent Trends and Some Lessons for the Future, Bloomberg/BNA Securities Regulation & Law Report (April 9, 2013)
  • Why The SEC’s Position in Gabelli v. Securities and Exchange Commission Doesn’t Hold Up, Securities Law360 (Dec. 4, 2012) (co-author)
  • New Authority Holds That Accounting-Firm Documents Created For PCAOB InspectionsAre Not Discoverable In Civil Litigation, Securities Law360 (Nov. 2, 2012)
  • The Financial Accounting Standards Board Shelves Controversial Proposal About Litigation Disclosures, Association of Corporate Counsel/Lexology (July 13, 2012)
  • Clarifying The Authority Of Bankruptcy Litigation Trusts: Why Post-Confirmation Trustees Cannot Assert Creditors’ Claims Against Third Parties, American Bankruptcy Institute Law Review (2012)
  • Questions That Directors Should Be Ready To Answer, Executive Counsel (August/September 2010)
  • What Financial Institutions Should Know About Internal Investigations, Westlaw Journal Bank and Lender Liability, Volume 16 (2010)
Recent Speaking Engagements
  • Securities and Exchange Commission Enforcement Initiatives And Accounting Fraud (ALI-CLE, Dec. 11, 2013)
  • Intersection of Regulatory and Civil Proceedings [for accounting matters involving the SEC, DOJ, or PCAOB] (ALI-CLE, September 2013)
  • Maintaining A Robust Compliance Program While Minimizing The Liability Of Compliance Officers (Knowledge Congress, March 4, 2013)
  • Defending Professional Firms Against Claims By Litigation Trusts (ALI-CLE, Sep. 20, 2012)
  • Taking Control Of Complex Corporate Litigation: The First 30 Days (BNA, May 2012)
  • Preparing The Accounting And Auditing Expert Witness (ALI-ABA, September 2011)
  • Opposing Class Certification in Securities Cases (ALI-ABA, July 2010)
Education
  • Oxford University, B.C.L (Master’s Degree) (with honors)
  • University of Virginia School of law, J.D. (Order of the Coif)
  • University of Virginia, B.S. (with honors)


Steve Fagell represents companies, boards of directors, and senior executives in government enforcement matters, internal investigations, and shareholder litigation. 

As a partner in the White Collar Defense & Investigations practice and as co-chair of the Anti-Corruption practice, Mr. Fagell focuses on criminal and civil regulatory matters presenting complex legal, political, and reputational risks.  He routinely represents clients before the US Department of Justice, Securities and Exchange Commission, and other law enforcement and regulatory agencies.  Mr. Fagell has advised clients in the life sciences, financial services, defense, technology, energy, and manufacturing industries on a variety of white collar matters, including those relating to foreign bribery, corporate whistleblowers, insider trading, accounting fraud, banking, government contracting, export controls, and transnational tax issues.  He has led highly sensitive internal investigations in China, Russia, and elsewhere for Fortune 500 clients, and defended an individual in what has been described as the largest personal income tax evasion case in US history.  The latter case -- United States v. Anderson -- led to a key discovery ruling that established favorable law for defendants embroiled in document-intensive white collar prosecutions. 

Mr. Fagell is former Deputy Chief of Staff and Counselor in the Criminal Division at the Department of Justice.  As a member of the Criminal Division’s senior leadership team from 2009-2010, Mr. Fagell was a key advisor to Assistant Attorney General Lanny A. Breuer on a broad range of litigation, policy, legislative, and management issues.  He was integrally involved, for example, in the formulation of Division policy in connection with the Foreign Corrupt Practices Act, corporate and securities fraud, and other forms of financial fraud.  Mr. Fagell coordinated the Division's work with the Financial Fraud Enforcement Task Force and the Financial Crisis Inquiry Commission, and he routinely represented the Division in its interactions with the SEC, the FBI, and other key regulators and law enforcement agencies.

Since returning to private practice, Mr. Fagell has been a frequent commentator on the SEC whistleblower program under the Dodd-Frank Act, as well as FCPA enforcement and financial fraud more generally.  He has been interviewed by numerous media outlets, including CNBC, National Law Journal, American Lawyer, Corporate Board Member, Corporate Crime Reporter, and Compliance Week. 

REPRESENTATIVE MATTERS 

  • Lead counsel in Washington to a Fortune 50 global company in a recent criminal export controls enforcement action by the Justice Department. 
  • In a matter that concluded without enforcement action, successfully represented a Fortune 100 manufacturing company in a 17-month FCPA investigation by the SEC. 
  • In a matter that concluded without enforcement action, successfully represented a large regional bank in an SEC inquiry concerning mortgage loan repurchase reserves. 
  • Representation of an individual indicted for insider trading. 
  • Representation of a coalition of leading companies in the SEC's rulemaking to implement the Dodd-Frank whistleblower provisions. 
  • United States v. Anderson, 416 F. Supp. 2d 110 (D.D.C. 2006) (ordering early Rule 16 disclosures from the government in a complex criminal tax prosecution). 
  • Counsel to the Special Litigation Committee of the Hewlett-Packard Company Board of Directors in shareholder derivative litigation challenging the Board’s response in 2005 and 2006 to leaks of confidential company information to the press. 
  • Internal investigations on behalf of Board committees of Adelphia Communications Corporation and Tyco International, Ltd. 
  • Hamilton County Board of Commissioners v. National Football League, 445 F. Supp. 2d 835 (S.D. Ohio 2006), aff’d, 491 F.3d 310 (6th Cir. 2007) (granting NFL summary judgment in a federal antitrust challenge to the League’s franchise relocation rules). 
PREVIOUS EXPERIENCE 
  • ? U.S. Department of Justice, Criminal Division, Deputy Chief of Staff and Counselor to the Assistant Attorney General 
  • ? The Monitor Group, Consultant 
HONORS AND RANKINGS 
  • Euromoney, Benchmark: Expert Guide to America’s Leading Litigation Firms and Attorneys - Securities, White Collar Crime Star, DC (2012, 2013, 2014) 
  • Legal 500, White-Collar Criminal Defense (2011) 
  • Washington DC Super Lawyers, Criminal Defense: White Collar "Rising Star" (2013) 

MEMBERSHIPS AND AFFILIATIONS 
  • White Collar Law360, Editorial Advisory Board 
  • Edward Bennett Williams Inn of Court 

PUBLICATIONS AND SPEECHES 
  • Mr. Fagell was quoted in the Compliance Week article, "A Dip in Pace of DPAs, NPAs—for Now" (8/6/2013). 
  • Mr. Fagell was interviewed in the Compliance Week article, "Inside New FCPA Guidance: What it Does and Doesn't Do" (11/27/2012). 
  • Mr. Fagell was interviewed by Corporate Board Member for the article, "Regulatory Investigations: What Boards Need to Know" (Q4 2012, Vol. 15, No. 4). 
  • Mr. Fagell was quoted in the National Law Journal article "After Long Wait, Do FCPA Rules Change Very Much?" (11/19/2012) in connection with the release of the DOJ and SEC Resource Guide to the FCPA. 
  • Mr. Fagell was quoted in a Main Justice/FTI white paper entitled, "The Experts Weigh In: E-discovery Strategies for International Anti-bribery Investigations" (2012). 
  • Mr. Fagell participated in an interview with Main Justice (1/4/2011) on "Hot Topics in FCPA & Securities Fraud Enforcement." 
  • Mr. Fagell participated in an interview with Compliance Week News Podcast (10/8/2010) on "Whistleblowing Protections Under Dodd-Frank Act." 
  • Mr. Fagell participated in an interview with Corporate Crime Reporter (10/27/2010) on "Ramped up Corporate Crime Enforcement." 
  • Mr. Fagell participated in a Q&A with Am Law Litigation Daily (9/23/2010) on "Whistleblower Provisions in Dodd-Frank." 
EDUCATION
 

Harvard Law School, J.D. 
  • magna cum laude 
  • Joseph Henry Beale Prize for excellence in legal research and writing (University of Chicago Law School) 
Dartmouth College, A.B. 
  • magna cum laude 
  • Phi Beta Kappa 
  • Rufus Choate Scholar 
 
JUDICIAL CLERKSHIP
  • Hon. Peter J. Messitte, U.S. District Court, District of Maryland 
BAR ADMISSIONS 
  • District of Columbia 
  • Massachusetts 


Lee G. Dunst is a litigation partner in the New York office of Gibson, Dunn & Crutcher. Mr. Dunst is a member of Gibson Dunn’s White Collar Defense and Investigations Practice Group. His practice covers a wide range of government investigations and white-collar criminal and regulatory matters, as well as general commercial litigation, including securities class action cases, accountants’ liability cases, and general business matters. Mr. Dunst’s extensive experience includes white collar criminal and regulatory investigations on behalf of numerous clients across the globe, including Fortune 500 companies, accounting firms, corporate executives, and special board committees. Mr. Dunst has a particular focus on matters involving the Foreign Corrupt Practices Act (“FCPA”), including investigations of alleged violations and general compliance advice and evaluations. Additionally, he regularly represents major accounting firms in connection with regulatory investigations of complex accounting and audit issues.

Mr. Dunst has been recognized in The Legal 500 US for his work in connection with Gibson Dunn’s White Collar Defense and Investigations practice. The publication has described Mr. Dunst as “knowledgeable and responsive,” and noted that he “provides a broad range of expertise and regularly advises clients accused of corporate fraud and alleged accounting irregularities, as well as FCPA violations.” Mr. Dunst also speaks and writes extensively on white collar regulatory issues, as well as matters concerning civil commercial litigation. Most recently, he was appointed to serve as an Adviser to the American Law Institute’s Principles of the Law of Compliance Enforcement & Risk Management project.

He has represented various corporations, accounting firms and individual clients in connection with white collar criminal investigations by federal and state prosecutors (including the Department of Justice and the Manhattan District Attorney’s Office), as well as civil investigations by the Securities and Exchange Commission, the New York Attorney General’s office, the Financial Industry Regulatory Authority, the Public Company Accounting Board and various state regulators. His cases have included the representation of senior business executives and corporate entities in connection with criminal and regulatory investigations of various types     of alleged corporate fraud, whistleblower allegations, and alleged accounting irregularities, as well as alleged violations of the FCPA. He also has conducted numerous internal investigations of alleged misconduct at  many United States and international companies and personally has traveled to nearly twenty countries on five continents for these investigations. Notably, Mr. Dunst has served in major leadership roles in the FCPA compliance monitorships of Statoil ASA and Alliance One International.

Mr. Dunst also has been involved extensively in the successful defense of several securities class action lawsuits filed against major accounting firms, underwriters, and corporate executives in federal and state courts in New York, New Jersey, Connecticut and Maryland. He also has defended members of boards of directors in several litigations relating to their performance of their fiduciary duties as board members.

Prior to joining the Firm, Mr. Dunst served as an Assistant United States Attorney in the Eastern District of New York from 1995 through 2000, and was involved in a series of significant criminal investigations and prosecutions. He led the investigation and prosecution of an international money laundering organization that operated in the United States and Switzerland, resulting in numerous convictions and the imposition of financial penalties of nearly $10 million, which he successfully defended upon appeal to the United States Court            of Appeals for the Second Circuit. In another case, Mr. Dunst received the Director’s Award for Superior Performance from the Department of Justice for the successful prosecution of an insurance fraud scheme      that resulted in the payment of $20 million in restitution. During his tenure with the U.S. Attorney’s Office, Mr. Dunst also served as the Deputy Chief of the Narcotics Section and was widely quoted in the national and international media, including The New York Times, The Washington Post, Los Angeles Times and The Times of London.

Mr. Dunst has served on the United States Court of Appeals for the Second Circuit Pro Bono Panel and was appointed to represent pro se plaintiffs for purposes of several appeals to the Second Circuit. He is a member of the Board of Trustees of Democracy Prep Charter School, which has been ranked as one of the leading public schools in New York City. Mr. Dunst also serves on the Advisory Board of the Mount Sinai Adolescent Health Center, which is the first primary-care program in New York City specifically designed for the health needs of adolescents.

Mr. Dunst graduated magna cum laude from Brown University in 1986 and cum laude from New York University School of Law in 1992. Following law school, Mr. Dunst clerked for the Honorable Reena Raggi, then of the U.S. District Court for the Eastern District of New York and now on the United States Court of Appeals for the Second Circuit.


David B. Anders is a partner in Wachtell Lipton’s Litigation Department. His practice focuses on the representation of Fortune 500 and other companies in connection with the defense of regulatory, white-collar criminal and complex civil litigation matters. He also regularly advises clients in connection with internal investigations and corporate governance and compliance reviews.

Prior to joining the firm, Mr. Anders served as an assistant United States attorney for the Southern District of New York from September 1998 through December 2005. During his time at the United States Attorneys’ Office, he investigated and prosecuted a wide variety of securities, commodities, and other investment fraud schemes, money laundering, immigration, racketeering, and associated violent crime. He tried 13 felony cases to verdict, and briefed and argued numerous appeals before the United States Court of Appeals for the Second Circuit. He was involved in several significant prosecutions during that time, including the investigation and prosecution of the fraud at WorldCom.

Mr. Anders is a 1991 graduate of Dartmouth College with an A.B. in government and graduated from Fordham University School of Law in 1994. He served as law clerk to the Honorable Denny Chin of the United States District Court in the Southern District of New York (1995-96).

Mr. Anders is a 1991 graduate of Dartmouth College with an A.B. in government and graduate from Fordham University School of Law in 1994.  He served as law clerk to the Honorable Denny Chin of the United States District Court in the Southern District of New York (1995-96)

Mr. Anders is a frequent speaker at bar associations and professional organizations on issues relating to securities and commodities fraud and internal investigations.  He was an associate adjunct professor at Fordham University School of Law from 1997 through 2006.  In 2005, The National Law Journal selected him as one of the country’s top 40 lawyers under 40.  Mr. Anders is the President of the Board of Directors of the Fordham Law School Alumni Association and a director of several non-profit boards.  Mr. Anders has been recognized by Chambers USA: Guide to America’s Leading Lawyers in Business as a leading lawyer in litigation; by Lawdragon as one of the 500 leading lawyers in America; by Benchmark: Litigation as one of the leading litigators in New York and in the country; and by Best Lawyers and Super Lawyers as one of the Leading lawyers in the field of Criminal Defense: White-Collar Crime.  Mr. Anders served on the New York State White-Collar Task Force, which was charged with examining New York’s white-collar crime laws with the goal of recommending legislative and executive changes.

Clerkships

Honorable Denny Chin, United States District Court, Southern District of New York, 1995 – 1996


David S. Krakoff is a Partner in the Washington, DC office of BuckleySandler LLP. Mr. Krakoff counsels corporations and corporate executives in all aspects of criminal and related civil and administrative matters.

With more than 30 years’ experience representing individual and corporate clients in high-stakes criminal and complex civil litigation and enforcement cases throughout the country, Mr. Krakoff’s experience spans a variety of SEC enforcement, grand jury, and trial matters, involving accounting fraud, securities, tax, foreign corrupt practices, public corruption, antitrust, healthcare, export control, False Claims Act, trade secrets and environmental matters. Mr. Krakoff’s experience includes federal and state trials, with primary trial responsibility in more than 50 cases. In 2009, he represented a former executive of W.R. Grace & Co. in a lengthy criminal trial in the District of Montana that ended in an acquittal of all charges. In 2011-12, he represented an individual in the FCPA Sting Case criminal trial in the District of Columbia that ended in a hung jury mistrial and the later dismissal of all charges by the Department of Justice. Mr. Krakoff represented the controller of Fannie Mae in parallel proceedings including an eight year securities class action that ended in summary judgment for the controller. 

Prior to joining BuckleySandler, Mr. Krakoff was co-leader of the global litigation practice of an international law firm. In addition to his experience in private practice, Mr. Krakoff was an Assistant U.S. Attorney in the U.S. Attorney's Office for the District of Columbia for 10 years.

Mr. Krakoff is recognized as a leading Litigation lawyer by Chambers USA: America’s Leading Lawyers for Business (2006-2015). In their 2015 edition, Chambers described Mr. Krakoff as "extremely thoughtful and imaginative in developing investigation and trial strategy." He was also recognized in Legal 500 as a "great lawyer and great guy."  Mr. Krakoff has also earned recognition from Best Lawyers in America (2006-2016), Super Lawyers (2007-2015), Washingtonian Magazine Top Lawyers (2007, 2013, 2015), Who's Who Legal (Business Crime Defence 2015; 2015 Compendium), International Who’s Who of Business Lawyers (2012-2013) and Business Crime Defense Lawyers (2012-2013), and Best Lawyers in Washington (2006-2013). In 2015 he was named a Law360 Trial Ace and a National Law Journal White Collar Trailblazer. 

Mr. Krakoff received his J.D. from Antioch School of Law in 1975 and his A.B. from Dartmouth College in 1971.

Practice Areas

Anti-Money Laundering & Economic and Trade Sanctions

Appellate

Bank Director & Officer Defense

Class Actions

Complex Civil Litigation

Counseling & Compliance

False Claims Act & FIRREA

Financial Crimes

Foreign Corrupt Practices Act & Anti-Corruption

Government Enforcement

Litigation

Securities Litigation, Enforcement & Regulatory

Troubled Banks

Whistleblower & Qui Tam

White Collar

Bar Admissions

District of Columbia

U.S. District Court (DC)

U.S. Court of Appeals (5th and DC Circuits)

U.S. Supreme Court


Gregory S. Bruch represents public companies, audit committees and special committees, broker-dealers, hedge funds and asset managers, accountants and lawyers, and other institutions and individuals in civil and criminal securities law enforcement, compliance and litigation.  Mr. Bruch has been lead counsel for securities enforcement and related civil and criminal matters for many leading companies and financial services firms.  He has served as corporate monitor, counsel to the corporate monitor, and independent compliance consultant for a range of subjects arising from SEC and DOJ settlements.  He is recognized as a leading attorney in securities regulation and litigation, and white-collar defense, by Chambers USA (2006-2018), The Best Lawyers in America® (2007-2018), Benchmark Litigation, and other publications. 

Mr. Bruch worked at the SEC’s Division of Enforcement for 12 years, the last five as an Assistant Director, where he was responsible for many of the agency’s significant enforcement actions concerning complex financial fraud, market manipulation, insider trading, and the FCPA.  Prior to co-founding Bruch Hanna LLP, Mr. Bruch was a partner in the Washington, DC offices of Willkie Farr & Gallagher LLP and Foley & Lardner LLP.

Mr. Bruch is a frequent speaker and panelist on securities enforcement matters, and has been quoted in numerous media publications. He graduated from Stanford University (AB History, 1982), and from the University of Iowa College of Law (JD with High Distinction, 1985), where he was the Editor in Chief of the Iowa Law Review and received the Legal Scholarship Award from the law faculty.  Following graduation, Mr. Bruch was a law clerk to the Hon. George E. MacKinnon of the United States Court of Appeals for the DC Circuit.


Holly K. Kulka
EVP and DGC NYSE Euronext

Ms. Kulka is an Executive Vice President and Deputy General Counsel in the Legal and Government Affairs Department of NYSE Euronext where she is head of litigation, investigations and antitrust among other things. Prior to moving in house, she was a shareholder of Heller Ehrman LLP specializing in parallel litigations (criminal, regulatory and civil). While at Heller Ehrman she chaired the New York Hiring Committee and co-chaired the firm-wide Diversity Committee. Earlier in her career she was a federal prosecutor in the District of New Jersey where she tried more than a dozen cases and before that a special assistant to the Under Secretary of Treasury (Enforcement). Ms. Kulka graduated from the University of Chicago Law School in 1991, cum laude and was a member of The Law Review. Ms. Kulka clerked for the Honorable Phyllis A. Kravitch on the 11th Circuit Court of Appeals. Ms. Kulka serves on the Board of the New York Lawyers for Public Interest and Appleseed.


James Johnson is a litigation partner who focuses his practice on white collar criminal defense, internal investigations, corporate compliance and corporate crisis management in connection with internal investigations. Mr. Johnson is recognized as a leading lawyer in white collar criminal defense and is commended in The Legal 500 US (2007) for his ‘calm and methodical demeanor’ as well as his ‘clear sense of high ethics and morals’.

Most recently, Mr. Johnson was lead enforcement counsel for the team representing Toyota Motor Corporation and Toyota Motor Sales USA in connection with investigations into reports that drivers of certain models were experiencing unintended acceleration. The team resolved investigations being conducted by the U.S. Attorney’s Office for the Southern District of New York and the attorneys general for 29 states and American Samoa.

Mr. Johnson has the distinction of having held several senior positions in the United States Department of the Treasury, including Under Secretary of the Treasury for Enforcement (1998-2000) and Assistant Secretary of the Treasury for Enforcement (1996-1998). He oversaw the operations of the Bureau of Alcohol, Tobacco & Firearms, the Secret Service, the United States Customs Service, the Federal Law Enforcement Training Center, the Financial Crimes Enforcement Network and the Office of Foreign Assets Control. In total, Mr. Johnson oversaw approximately 29,000 employees and shared oversight of an operating budget exceeding $4.2 billion. Mr. Johnson also served as an Assistant U.S. Attorney for the Southern District of New York (1990-1996), where he rose to Deputy Chief of the Criminal Division (1993-1996). During his tenure in the Southern District, he assisted in the management of the Criminal Division while prosecuting a wide variety of criminal cases, and was detailed to the United States Department of the Treasury to serve on the White House Security Review.

Since returning to private practice, Mr. Johnson has represented individuals, audit committees and corporations in connection with a wide variety of regulatory, enforcement and Congressional matters, and has taken on several high profile public projects. He now serves as Monitor in U.S. ex rel. Anti-Discrimination Center of NY v. Westchester County. He also led Governor Corzine’s Advisory Committee on Police Standards.

Mr. Johnson has received numerous awards for his service and accomplishments in both private practice and public service. He is the recipient of the Alexander Hamilton Award (the Department of Treasury’s highest award, given to officials for excellence in service) and the Attorney General’s Certificate for Excellence in Prosecution. Mr. Johnson was recently elected as a member of the Harvard College Board of Overseers. He is former Chair of the Board of the Brennan Center for Justice and is also a trustee of the Montclair Art Museum.


Katherine Goldstein is a partner in the New York office of Milbank LLP and a member of the firm’s Litigation & Arbitration Group. Katie’s practice, which focuses on representations of individuals and entities facing white-collar, regulatory or internal investigations, builds on her more than a decade of experience as a federal prosecutor, including serving most recently as Chief of the Securities and Commodities Fraud Task Force in the United States Attorney’s Office for the Southern District of New York, where she oversaw some of the most complex and high-profile white collar and securities matters in the country.

Primary Focus & Experience

Ms. Goldstein is the former Chief of the Securities and Commodities Fraud Task Force at the United States Attorney’s Office. She joined the US Attorney’s Office in 2004, where she prosecuted a wide range of securities fraud cases, among others, and was promoted to Chief of the Securities and Commodities Fraud Task Force in 2015 after serving as Deputy Chief for one year, and before that Co-Chief of the General Crimes Unit for two years.

During her nearly three years as a chief, Ms. Goldstein supervised a team of approximately 20 senior prosecutors and all aspects of the unit’s work from investigation through prosecution, including a broad array of cases involving accounting and disclosure fraud, insider trading, market manipulation, mismarking of complex products, corporate fraud, and fraudulent investor schemes, among others. Notable prosecutions brought under her leadership include: a professional gambler charged with trading on inside information obtained from a board member of a publicly traded company; insider trading charges against individuals for hacking major New York law firms; corporate executives charged with honest services fraud; a hedge fund portfolio manager charged with trading on government secrets obtained from a political consultant; a hedge fund portfolio manager charged with the mismarking of illiquid fund assets; accounting fraud charges of an executive who manipulated a significant non-GAAP metric; and senior executives charged with a multi-year accounting fraud scheme at a publicly traded digital media company, as well as the market manipulation of the company’s stock. She also supervised the unit’s trials and appeals.

As an Assistant US Attorney, Ms. Goldstein was an accomplished trial lawyer and argued numerous appeals in the Second Circuit. Among the high-profile cases she tried were U.S. v. Mandell, et al. (a $100-million market manipulation and investor fraud, which resulted in a 12-year sentence) and U.S. v. Ebbers (public company accounting fraud by the CEO of WorldCom, which resulted in a 25-year sentence). As Chief of the General Crimes Unit, she supervised the office’s new Assistant US Attorneys, numerous investigations and dozens of trials.

Before becoming a prosecutor, Ms. Goldstein was an associate at a major national law firm.

Recognition & Accomplishments

Ms. Goldstein received her B.A. degree magna cum laude, in political science, from Duke University and her J.D. degree cum laude, from Harvard Law School, where she was Co-Chair of the Harvard Law Review’s Supreme Court Issue. From 2000 to 2001, she served as a law clerk to the Honorable Karen Nelson Moore in the United States Court of Appeals for the Sixth Circuit.

Recent Speaking Engagements

  •  Moderator, “Enforcement Priorities,” at the Practising Law Institute’s Enforcement 2018: Perspectives from Government Agencies, New York (May 2018)
  • Panelist, “Securities Litigation: The Investigation: Coordinating Requests from Government,” at the Practising Law Institute’s Securities Litigation 2018: From Investigation to Trial seminar, New York (April 2018)
  • Panelist, “Mitigating Insider Trading Risk: Best Practices for Private Fund Managers Amidst the Rulings in Martoma, Newman and Salman,” The Hedge Fund Law Report, New York (November 2017)
  • Moderator, “Legal and Policy Developments in Enforcement” at the Practicing Law Institute’s Enforcement 2017: Perspectives from Government Agencies, New York (May 2017)
  • Panelist, “Securities Litigation: The Investigation: Coordinating Requests from Government Regulators” at the Practising Law Institute’s Securities Litigation 2017: From Investigation to Trial seminar, New York (April 2017)
  • Panelist, “Securities Enforcement,” American Bar Association’s 31st Annual National Institute on White Collar Crime (March 2017)


Mei Lin Kwan-Gett is Citigroup’s Deputy General Counsel and Head of Global Litigation and Regulatory Investigations, where she supervises a worldwide litigation and investigations team.  Prior to joining Citigroup, Ms. Kwan-Gett was a partner at the law firm of Willkie Farr & Gallagher, LLP, where she was co-head of the firm’s white collar defense practice group and specialized in regulatory and enforcement matters, internal investigations, and complex commercial litigation.  Prior to joining Willkie Farr, Ms. Kwan-Gett worked at the U.S. Attorney’s Office for the Southern District of New York as Deputy Chief of the Criminal Division.  She also served as Special Investigative Counsel for the Office of the Inspector General for the U.S. Department of Justice.  She began her career as a Law Clerk in the U.S. Court of Appeals for the Second Circuit.

Ms. Kwan-Gett is a former Chair of the Board of Directors of the City Bar Fund and was a Vice President of the Association of the Bar of the City of New York, and she is a member of the Practising Law Institute’s Board of Trustees

Mei Lin earned her AB from Harvard College and her JD from Yale Law School.


Ms. Beamon, a partner in Davis Polk’s Litigation Department and a former federal prosecutor, has successfully represented individuals and institutions in their most critical situations.

Her matters have included grand jury, regulatory and independent investigations, representing companies, board of directors and individuals in connection with allegations of sexual misconduct, securities fraud, criminal tax violations, foreign corrupt practices, anti-money laundering and pharmaceutical marketing violations, among other areas. Her complex civil matters have involved allegations under the False Claims Act, consumer protection and whistleblower provisions, and other state and federal statutes. Ms. Beamon also has participated in a number of confidential internal investigations on behalf of clients and has advised corporations and boards of directors on matters of corporate governance and compliance.

Ms. Beamon served as an Assistant U.S. Attorney for the U.S. Attorney’s Office, Southern District of New York, where she conducted numerous investigations and criminal trials. She received her J.D., summa cum laude, from University of Pittsburgh School of Law and her B.A., with honors, from University of Notre Dame.


Nancy Kestenbaum, a partner in Covington's New York office, is Co-Chair of Covington’s White Collar Defense and Investigations Practice Group. She represents companies, boards of directors and individuals in a variety of white collar criminal, SEC and regulatory enforcement matters and internal investigations.  Ms. Kestenbaum has extensive experience representing clients in the financial services, life sciences, energy, defense, consumer products and technology industries.  

Ms. Kestenbaum is also widely recognized as a leading expert involving claims of sexual misconduct.   For example, she is currently conducting an independent investigation for the Board of Directors of CBS Corporation and represents the United States Olympic Committee; Ms. Kestenbaum previously conducted independent investigations for Choate Rosemary Hall, the Brearley School, and other institutions.

Before joining Covington, 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.

 


Renee Phillips, partner in the New York office and Co-Head of Orrick’s Whistleblower Task Force, focuses her practice on employment litigation and counseling, with particular emphasis on Sarbanes-Oxley/Dodd-Frank whistleblower issues and internal investigations.

Renee has successfully defended employers in federal and state court litigations as well as administrative proceedings and arbitrations involving claims of discrimination, harassment, wrongful termination, whistleblowing, trade secret misappropriation and other employment-related claims. She regularly counsels employers on a variety of employment-related issues and assists clients in creating and implementing human resources policies, whistleblower policies, negotiating and drafting executive contracts, restrictive covenants and other employment agreements, and conducting internal investigations.

Renee is the co-author of the PLI treatise, Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era. She regularly writes and speaks on whistleblower and other employment topics.

Representative Engagements

Representative clients and matters:

  • Broadcom. Obtained complete dismissal of a Dodd-Frank whistleblower claim brought by a former in-house counsel.
  • Bank of America. Represented the bank in a high-profile Sarbanes-Oxley whistleblower suit at the Department of Labor brought by the former head of its Fraud Investigations Unit.
  • Credit Suisse. Obtained complete dismissal of a Sarbanes-Oxley whistleblower case at the Department of Labor, which was affirmed on appeal.
  • Wyeth. Successfully represented this client in several Sarbanes-Oxley whistleblower matters.
  • Confidential Investigations. Conducted several internal investigations of alleged misconduct by CEOs, Board members, and other C-suite executives at major financial services institutions.
  • Carrols Corporation. Represented Carrols Corporation, the largest holder of Burger King franchises, in the largest pattern or practice systemic class action for sexual harassment ever brought by the EEOC, EEOC v. Carrols.
  • Sephora. Won a Second Circuit appeal in a national origin and religious discrimination case.
  • Genentech. Won a Third Circuit appeal in a gender discrimination case.
  • Holland & Knight LLP. Obtained a seminal decision in Weir v. Holland & Knight LLP, which held that law firm partners are not covered by statutory discrimination protections.

Publications

  • Contributor, Orrick’s Employment Law & Litigation Blog
  • Contributor, Orrick's Equal Pay Pulse Blog
  • Co-author, Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era, PLI, 2012.
  • Co-Author, "Avoiding the Risk of Cybersecurity Whistleblowers," Law360, April 27, 2016.
  • “Foreign Whistleblower Awarded $30-$35 Million Dodd-Frank Whistleblower Bounty,” ABA International Labor & Employment Law Committee Newsletter, November 2014.
  • “Corporate Whistleblowing - Key Issues in Responding to Possible Violations,” The Review of Securities & Commodities Regulation, November 24, 2014.
  • “U.S. Whistleblower Law Does Not Apply Extraterritorially According to Federal Court,” ABA International Labor & Employment Law Committee Newsletter, August 2014.
  • “U.S. Whistleblower Laws’ Scope Narrowed to Complaints Arising in U.S. and Subjects under U.S. Law,” ABA International Labor & Employment Law Committee Newsletter, March 2014.
  • "Corporate Whistleblowing in the U.S.," Japan Commercial Arbitration Journal, June 6, 2012.
  • "What We Can Learn From the SEC's Office of the Whistleblower's Initial Report," International Financial Law Review, March 1, 2012.
  • "Corporate Whistleblowing in the U.S.," Employment & Industrial Relations Law, Vol. 22, No. 1, March 2012.

Speeches and Programs

  • Webcast: Renee Phillips on SEC enforcement and its impact on internal investigations from Rossdale CLE (12/3/15)
  • Webcast: Renee Phillips on Managing Internal Investigations & Corporate Compliance from Rossdale CLE (1/7/15)
  • Podcast: Renee Phillips on SEC's 1st Whistleblower Anti-Retaliation Case (7/1/14)

Admissions

  • New York

Court Admissions

  • United States District Courts | Eastern District of New York
  • United States District Courts | Northern District of New York
  • United States District Courts | Southern District of New York
  • United States Courts of Appeals | Second Circuit
  • United States Courts of Appeals | Third Circuit
  • United States Courts of Appeals | Fifth Circuit

Practice Areas

  • Whistleblower & Corporate Investigations
  • Employment Law & Litigation
  • Discrimination, Harassment & Retaliation

Honors

  • Law360 Rising Star
  • New York Law Journal Rising Star 2016
  • Employment Litigation Rising Star – New York, NY Super Lawyers 2015
  • American Society of Legal Advocates Top 40 Under 40 Labor/Employment Lawyer in New York State
  • The Recorder California Labor & Employment Department of the Year (2013-2015)
  • The Recorder California Litigation Department of the Year (2013-2014)
  • Legal Aid Society Pro Bono Award (2005)

Education

  • J.D., Industrial and Labor Relations, Harvard Law School, 2002
  • B.S., Industrial and Labor Relations, Cornell University, 1998

Clerkships/Externships

  • Hon. Robert L. Carter, United States District Court, Southern District of New York


Richard J. Morvillo, a partner in Orrick’s New York and Washington, D.C. offices, is a nationally-recognized expert in SEC enforcement and other white collar matters. He was named by Best Lawyers in America as the “2013 Lawyer of the Year - Securities Litigation” and Chambers USA has recognized Rich as “one of the deans of the securities enforcement bar." Over the past 35 years, he has been involved in over 200 SEC investigations, including some of the highest profile cases the SEC has handled. He also has extensive experience in FCPA cases, securities related white-collar criminal matters and private securities litigation. A former branch chief with the Securities and Exchange Commission's Division of Enforcement, Rich represents corporations, corporate executives, brokerage firms, investment advisers, accounting firms, auditors, law firms, hedge funds and individual investors in connection with SEC, PCAOB, NYSE, FINRA, congressional, state attorney general and grand jury investigations; SEC litigation; and complex securities cases.


Steven Peikin was named Co-Director of the SEC’s Division of Enforcement in June 2017.

Before serving at the Commission, Mr. Peikin was Managing Partner of Sullivan & Cromwell LLP’s Criminal Defense and Investigations Group. His practice focused on white-collar criminal defense, regulatory enforcement, and internal investigations.

From 1996 to 2004, Mr. Peikin served as an Assistant U.S. Attorney in the Southern District of New York. He was Chief of the Office’s Securities and Commodities Fraud Task Force, where he supervised some of the nation’s highest profile prosecutions of accounting fraud, insider trading, market manipulation, and abuses in the foreign exchange market. As a prosecutor, Mr. Peikin also personally investigated and tried a wide variety of cases involving securities and commodities fraud, as well as other crimes.

Mr. Peikin received his bachelor’s degree from Yale University and a law degree from Harvard Law School, both magna cum laude. Following law school, he served as a law clerk to the Honorable J. Edward Lumbard, United States Circuit Judge, Second Circuit, and the Honorable Robert P. Patterson, Jr., United States District Judge, Southern District of New York.

Mr. Peikin is Adjunct Professor of Law at NYU Law School. He is President of the Board of Directors of the Center for Hearing and Communication, a non-profit health and human services agency that serves the deaf and hard of hearing.


Colleen P. Mahoney, a partner in Skadden's Washington, D.C. office, heads the firm's Securities Enforcement and Compliance practice, and regularly represents financial services firms, corporations, their boards, board committees, officers, directors and employees in Securities and Exchange Commission (SEC) and other law enforcement investigations.

Ms. Mahoney assists management and boards of directors performing internal inves­tigations, often advising clients on preventive and remedial measures before and after securities-related issues arise.

Ms. Mahoney has been the lead attorney representing many of the company boards and individuals embroiled in signature SEC investigations. Her clients have included many well-known U.S. and foreign companies. As is frequently the case with SEC enforcement matters, the biggest victories are the ones that never become public – the government investigations and inquiries that are put to rest before charges are filed or an indictment is issued, or even before a public disclosure of the government interest. Ms. Mahoney has succeeded in bringing a number of matters to a close in those circumstances.

Prior to joining Skadden, Ms. Mahoney spent 15 years in increasingly senior positions with the SEC, serving as acting general counsel of the agency and as deputy director of the division of enforcement. During her tenure at the SEC, Ms. Mahoney helped manage a civil law enforcement program that addressed a wide range of issues, including financial fraud and disclosure, asset management issues, derivatives and insider trading.

Ms. Mahoney frequently lectures on securities regulatory and enforcement issues at seminars and conferences in the United States and abroad.

Ms. Mahoney has been selected for inclusion in Chambers USA: America's Leading Lawyers for Business, The International Who's Who of Corporate Governance Lawyers, Lawdragon 500 Leading Lawyers in America and The Best Lawyers in America. Since 2012, she has been recognized as one of Benchmark Litigation's "Top 250 Women in Litigation" and she also was named to the shortlist of the nation's top women regula­tory lawyers by Chambers USA (2012). Additionally, Ms. Mahoney was included in Washingtonian Magazine's 2013 "Best Lawyers" list.


Peter Romatowski oversees the Firm's Securities Litigation & SEC Enforcement Practice and also practices white-collar criminal defense.

Peter represents U.S. public companies and foreign issuers, their directors, board committees, and executives, as well as broker/dealers, private investment firms, and law firms, in regulatory and criminal investigations of the full range of  securities law issues. These engagements involve accounting and financial statement issues, disclosure matters, securitization of subprime mortgage   assets, faulty earnings guidance, Foreign Corrupt Practices Act payments, recordkeeping and controls matters, insider trading, Regulation FD issues, mutual fund trading practices, and broker/dealer supervision, trading, and sales practice issues.

In his criminal practice, Peter has represented corporate and individual clients from four continents before grand juries, courts, and committees of Congress concerning all manner of suspected violations. He has served as a monitor selected by a company and approved by the Department of Justice to oversee the company's compliance with a settlement of FCPA charges and as U.S. counsel to an FCPA monitor for a foreign issuer.

As a federal prosecutor in the Southern District of New York from 1979 to 1986 and Chief of the Securities and Commodities Fraud Unit, Peter tried cases involving insider trading based on stories that appeared in The Wall Street Journal, a successful manipulation that tripled the price of an NYSE-listed stock, and other offenses from narcotics to bank fraud. His defense experience includes jury acquittals on criminal charges of withholding pharmaceutical drug test results  from the FDA and alleged false statements to the USDA in connection with a major food recall.


EXPERIENCE HIGHLIGHTS

  • FCPA monitor appointed pursuant to DOJ settlement
  • Assistant Attorney General represented in terrorist surveillance and interrogation investigations
  • Bank represented in subprime mortgage and accounting investigation

AREAS OF FOCUS

  • Securities Litigation & SEC Enforcement
  • Corporate Criminal Investigations
  • Antitrust Criminal Investigations
  • Business and Tort Litigation (USA)
  • Life Sciences False Claims Act & Qui Tam Defense

HONORS & DISTINCTIONS

  • Fellow, American College of Trial Lawyers
  • Senior Lecturing Fellow, Duke University School of Law (2011-2012)
  • Listed in The Best Lawyers in America for 20 years
  • Chambers USA
  • The International Who's Who of Business Crime Lawyers

EDUCATION

  • Georgetown University (J.D. 1975)
  • Harvard University (A.B. cum laude in Government 1972)

BAR ADMISSIONS

  • New York and District of Columbia

GOVERNMENT SERVICE

  • Assistant U.S. Attorney, United States Attorney's Office, Southern District of New York (1979-1986)
  • Chief of the Securities and Commodities Fraud Unit (1984-1986)


MaryJeanette Dee is a partner in the Government Contracts, Investigations and International Trade Practice Group in the firm’s New York office. She is the Team Leader of the Securities Enforcement Team and a member of the firm’s Executive Committee.  She also serves as the Firm’s Co-Managing Partner.

MaryJeanette concentrates in internal investigations and regulatory and white collar criminal defense. Ms. Dee frequently represents banks, broker-dealers, investment advisers, corporate officers, financial advisors and other securities professionals in connection with domestic and cross-border investigations and inquiries by U.S. Attorney’s Offices for the Southern and Eastern Districts of New York, the SEC, the CFTC, FINRA, the NY Attorney General’s Office, the FRB, the NY Department of Financial Services and other governmental entities and self-regulatory organizations. She has conducted numerous internal investigations into a wide variety of allegations, including insider trading, trading and position valuation issues, misuse of confidential information, embezzlement, money laundering and BSA/AML issues, sanctions compliance and retail brokerage sales practice violations.


Elaine Mandelbaum is Managing Director and General Counsel of Litigation and Regulatory Enforcement of Citigroup’s Institutional Clients Group (ICG).  Her group is responsible for all litigation, arbitrations, internal investigations and regulatory and law enforcement investigations and enforcement proceedings for Citigroup’s institutional businesses, including corporate and investment banking, sales and trading, capital markets origination, securities services, trade and treasury services and private banking.  Elaine also is a member of the Global ICG Legal Management Committee.

Prior to starting at Citigroup in 1997, Ms. Mandelbaum was a litigation attorney at the New York office of Jones, Day, Reavis & Pogue, and previously at Paul, Weiss, Rifkind, Wharton & Garrison.  She is Executive Vice President of the SIFMA Compliance & Legal Society, and was Chair of SIFMA C&L’s 2015 Annual Seminar.  She was Vice Chair of the FINRA National Adjudicatory Council, the appellate body for decisions rendered in FINRA disciplinary and membership proceedings.  Elaine is on the Board of Directors of the Legal Action Center and the National Council of Jewish Women, and was the recipient of the 2015 “Woman Who Dared” Award from the NCJW.

Elaine is a frequent speaker at PLI, SIFMA and other industry conferences on topics relating to complex securities litigation, corporate governance, internal and regulatory investigations and issues relating to women in the securities industry.  She is an honors graduate of Yale College and of Harvard Law School.


Andrew M. Calamari is the Director of the Commission’s New York Regional office.  He served as Associate Director and co-head of Enforcement in New York for eight years before assuming his present position.  Before coming to the Commission in 2000, Mr. Calamari was engaged in private law practice for nearly 15 years, including as a litigation partner at Donovan Leisure Newton & Irvine.  He has co-authored a treatise on Complex Litigation and is co-author of the securities litigation chapter in a Matthew Bender treatise on securities law.


Gregory Nehro is the Global Head of Employment, Enforcement and Investigations at BNY Mellon. He has overall responsibility for employment law and litigation, regulatory and enforcement matters, and corporate internal investigations. He is also a member of BNY Mellon’s Operating Committee, comprised of the firm’s top executives, which executes strategies and implements policies.

Gregory was appointed to his current position in May 2014. He joined BNY Mellon in 2011 where he has served in different senior roles. Prior to joining BNY Mellon, Gregory worked at Fidelity after serving as the Head of Litigation and Regulatory Affairs for Cowen Group, Inc., a diversified investment bank and financial services firm. Gregory also worked at Credit Suisse and Heller Ehrman where he focused on a variety of regulatory enforcement, securities and litigation matters. Gregory began his legal career as an associate at Shearman & Sterling.

Mr. Nehro received a B.A. from Colby College and his J.D. from Georgetown University law Center.