AREAS: Defense of Lawyers and Law Firms
LLP has often been retained to defend in-house and outside counsel
in connection with civil and criminal government investigations
as well as private litigation. Over the past several years, we have
represented a number of prominent law firms and private practitioners
in SEC and DOJ investigations into:
in the preparation of allegedly misleading disclosures in public
filings and allegedly fraudulent securities offerings
- alleged pump
and dump schemes
- alleged improprities
in internal investigations
- the rendering
of allegedly false legal opinions
- FCPA compliance
We have also
conducted internal investigations for law firms and represented
their interests in investigations and litigation arising out of
the activities of former partners in their firms. For
example, we recently represented one of the world's largest law
firms in both DOJ and SEC investigations concerning a former partner's
alleged role in facilitating alleged securities fraud by former
clients of the firm. We also represented the firm in related civil
suits brought by clients allegedly defrauded by those activities.
Similarly, we have represented law firms in other situations involving
government investigations into the role of partners in various allegedly
fraudulent client activities. In these matters, we were successful
in defending the law firms even where their former partners were
charged with criminal violations.
we have represented law firm partners in a variety of SEC investigations.
For instance, we represented the head of the corporate group of
a large law firm and helped him resolve insider trading charges,
and we convinced the SEC not to charge a partner in another large
law firm with failing to take appropriate action to prevent securities
fraud by one of his clients. We were successful in defending a law
firm partner in an investigation focusing on the acccuracy of disclosures
related to the findings of an internal investigation conducted by
his firm. We also defeated the SEC several years ago after a non-jury
trial in the EDNY against charges that our client, a law firm partner
specializing in corporate and securities matters, had aided and
abetted a client's fraudulent securities offering.
We have also
represented the General Counsels and senior in-house lawyers of
several large public companies in SEC and DOJ investigations exploring
their roles in allegedly fraudulent transactions or disclosures.
More recently, we have represented in-house lawyers who served as
FCPA Compliance officers in joint DOJ/SEC FCPA investigations. We
have been succesful in convincing the government not to charge any
of our clients in those matters.
represent lawyers in disciplinary matters. One
of our partners has represented lawyers in a number of matters before
the disciplinary committees of the First and Second Departments
in New York. We have yet to have a client sanctioned by either of
those governing bodies.