Selected Current Representations
Selected Speaking Engagements
Richard J. Morvillo,
a partner in our 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.
Though Rich has been involved in far too many cases to name, he had a significant role in various important matters, including: several CDO and RMBS investigations of investment banks and collateral managers; SEC and criminal investigations of Enron; investigations and litigation concerning possible insider trading involving the securities of Dick’s Sporting Goods, Liberty Media, Capital One, Prestige Brands; investigations and litigation concerning trading by NYSE specialists; investigations of alleged FCPA violations by Diebold, Och Ziff and JPMorgan; investigations and litigation concerning merger activities of Wachovia Corporation and National City Corporation; investigations concerning transactions by MGIC, Royal Dutch Shell, HSBC, Lernout & Hauspie, Aetna, Amazon, Denso Corporation, AG Edwards, Merrill Lynch and Credit Suisse; investigations concerning the financial statements and/or audits of Orange County, Citi, Navistar, Bally’s, CarMax and Allegheny Health Systems; investigations into marketing and other activities of registered investment advisors (including Smith Barney Asset Management, F Squared and Harbinger) and ETF sponsors (including Pro Shares and Wisdom Tree Investments); internal investigations at Walmart, Aon Corporation, E*Trade, Nash Finch Corporation and TD Ameritrade; investigations and litigation related to alleged pricing violations by NASDAQ traders; and Congressional investigations concerning, among others, Goldman Sachs and Riggs National Corporation.
Rich has litigated
to a successful judgment a number of SEC enforcement cases and defending
numerous class actions and shareholder derivative suits in federal
courts throughout the country. Rich has also conducted many internal
investigations for corporations, and advised members of numerous
special committees of boards of directors as to their rights and
obligations regarding the handling and evaluation of corporate transactions,
internal investigations and shareholder litigation.
Apart from being
recognized by Best Lawyers in America and Chambers
USA, Rich is also listed as a leading litigator in numerous
other peer-review publications, including Benchmark Litigation,
The Legal 500 United States, Ethisphere: Attorneys
Who Matter, Washington DC Super Lawyers, The Legal
Times, which named him one of Washington’s “Top 10 Securities
Lawyers,” Washingtonian Magazine,and Who's Who Legal: Investigations.
He is a frequent speaker at professional seminars and serves as
the co-chair of two PLI annual programs: “Internal Investigations”
and “Auditor Liability.” He has served on the adjunct faculty of
Georgetown University School of Law, teaching a course in “Professional
Responsibility in Corporate and Securities Practice.” Rich received
his J.D. from Fordham University School of Law and his A.B. from
- Lumber Liquidators, a publicly held manufacturer and distributor of wood and wood products, in connection with investigations by DOJ and SEC
- ETF market maker firm in SEC investigation concerning ETF trading activities
- Chief Financial Officer of Och Ziff in SEC, DOJ and FCPA investigations
- Political consultant in criminal proceeding and investigation related to alleged bribery scheme involving former New York State Government officials and companies doing business with the State
- Former Chief Financial Officer of large public retailer in DOJ, SEC and FCPA investigation
- ETF sponsor in SEC investigation concerning redemption issues
- Former Chief Compliance Officer of investment advisor in SEC investigation concerning use of models
- Employee of broker-dealer in SEC investigation concerning mark-ups.
- Accounting firm in SEC accounting investigation into financial statements and audits.
- Chief Financial Officer of a public company concerning possible accounting and FCPA issues.
- Citi Global
Markets Inc., Smith Barney Asset Management and former Citi Global
executive in SDNY securities class action entitled Smith Barney
Transfer Agent Litigation.
- Senior investment banker in DOJ and SEC investigations
regarding hiring practices in China.
- In-house counsel at public company in DOJ and SEC
- CDO manager
in NY Supreme court CDO case entitled Loreley Financing
No. 28 Ltd. V. Merrill Lynch, et al.
former Chief Marketing Officer of Royal Ahold subsidiary in successful
appeal vacating convictions for securities fraud and related offenses.
the SEC in a jury trial on insider trading charges against the
chairman of a large communications company.
- Defeated the SEC after a bench trial on fraud charges
against an attorney for participating in a fraudulent offering
by a public company.
summary judgment against the SEC in a civil injunctive action
against a former Citigroup/SSB executive.
- Obtained dismissal of SEC charges after an administrative
trial concerning an investment banker’s alleged participation
in a fraudulent offering.
- Obtained dismissal of class action claims against
Wachovia Corp. (formerly First Union) related to the acquisitions
of CoreStates Financial Corporation and The Money Store.
- Obtained dismissal of a class action against TD Ameritrade,
Inc. in an options trading case; handled appeal when decision
summary judgment and affirmation by the Eleventh Circuit in favor
of a former chairman of Enstar Corp. in a securities fraud class
and Preparing Witnesses for SEC Testimony, New York Law
Journal, April 3, 2014
- Breach of Duty: Misappropriation Theory,
Insider Trading Law and Compliance Answer Book (Practicing Law
Institute) October 2011
- Whistleblowers and the Resurgence of Internal
Investigations, Securities Regulation & Law Report, Jan.
10, 2011 (co-author)
- Insider Trading - Practical Considerations in Prosecuting and Defending Cases After Salman, DC Bar, February 28, 2017
Investigations, SIFMA Compliance and Legal Society
Annual Seminars, 2012 - 2014, (Miami and Phoenix)
Bar Council Annual Meeting, Ethics Program, 2014 (Costa Rica)
- ABA Annual
Institute on Securities Fraud, November 2012 and 2015 (New Orleans), 2016 (Park City, Utah)
- Thorny disclosure Issues, AELC Annual Program,
October 2012 (Atlanta)
- America’s Got Ethics, 2012 Fall Retreat
of Federal Bar Council, September 2012 (Skytop, PA)
- Co-Chair, PLI Annual Institute on Internal Investigations,
June 2006 - 2016 (New York)
as a leading lawyer for years in many publications, including:
Best Lawyers in America (corporate governance and compliance
law, administrative law, white-collar defense and derivatives)
(2013 Lawyer of the Year - Securities Litigation)
USA (regulatory enforcement & investigations and securities
Attorneys Who Matter
Legal 500 United States (securities litigation)
Legal Times (named one of Washington’s “Top 10 Securities
- Washington DC Super Lawyers (securities)
among D.C.’s "Top Lawyers")
Who Legal: Investigations
- International Who's Who of Business Crime Defence
- New York
- Fordham University School of Law, J.D., 1974
University, A.B., 1970
and Exchange Commission, Branch Chief and Trial Attorney, Division of Enforcement
partner at Crowell & Moring, Mayer Brown, and Schulte, Roth
Professor, Georgetown University Law School (1986-1994)