K&L Gates has one of the largest and most geographically diverse securities enforcement practices of any law firm.
Our securities enforcement lawyers include more than a dozen former staffers from the Securities and Exchange Commission (SEC), including some former senior officials, a number of former prosecutors from the Department of Justice (DOJ), the Financial Industry Regulatory Authority (FINRA), and the Commodities Futures Trading Commission (CFTC), as well as former heads of state securities regulators and former staff members from the offices of state attorneys general. In the United Kingdom, our lawyers represent clients before the Financial Conduct Authority (and its predecessor, the Financial Services Authority), the London Stock Exchange, and the Serious Fraud Office. K&L Gates lawyers have also represented clients before securities regulators in Germany, France, and Hong Kong. Our securities enforcement team represents public companies, broker-dealers, investment advisers, investment companies, private funds, accounting firms, law firms, officers, and boards of directors. We have been involved in virtually every significant enforcement initiative during the past 40 years. We have represented clients involved in investigations or proceedings related to Enron, WorldCom, insider trading, the recent spate of public corruption matters in Washington, D.C., mutual fund market timing or late trading, analyst research conflicts, options backdating, auction rate securities, the “junk bond” crisis, conflicts of interests, subprime lending, corporate reporting, mortgage foreclosures, Madoff-related matters, and investigations concerning municipal finance and the marketing or trading of municipal securities and other public debt, among other issues.
We represent public companies in connection with securities enforcement investigations or proceedings, as well as internal investigations of corporate governance matters or employee conduct. We also counsel individual officers or directors, including senior in-house legal or accounting personnel and boards of directors or board committees regarding these matters. Our lawyers have extensive experience addressing regulatory inquiries or internal issues related to such issues as:
Our diverse experience with respect to these and other issues affecting public companies allows our lawyers to guide public companies and their senior management from the moment they receive an initial inquiry or subpoena from the SEC or another regulator. K&L Gates understands the financial and reputational stakes involved and the imperative that public companies respond credibly and thoughtfully to potential problems. Our lawyers also represent private companies, such as private equity and venture capital funds and other investors. These clients benefit from our wide experience with minority and control investment transactions, including seed stage financing, later stage funding, bridge financing, private investments in public equity, leveraged buyouts, restructurings, and recapitalizations. Our lawyers routinely represent hedge funds and their investment advisers with respect to regulatory investigations or proceedings, including inquiries involving mismanagement, disclosure, and valuation.