Securities Enforcement and Litigation

Our Practice
The securities enforcement and litigation practice at Nutter McClennen & Fish LLP is one of the most well-respected and fastest-growing practices in the region.  Our services include:

  • Internal investigations
  • Regulatory and government investigations
  • Regulatory and government enforcement proceedings
  • Private securities litigation
  • White collar criminal defense

Our Experience
We have a broad array of experience in securities law matters.  In each case, we combine our substantial experience and substantive knowledge in securities and civil fraud matters with our expertise in government investigations and white collar defense to develop a comprehensive defense strategy. 

Our clients include public and private companies, mutual funds, broker-dealers, underwriters and individuals, including board members, senior executives, general counsel and top officers of Fortune 500 companies, investment advisers and registered representatives.  We  represent clients in the most recent areas of focus by the SEC, Justice Department, NYSE, FINRA and other regulatory agencies.  We have represented witnesses, targets and defendants in matters involving insider trading, market timing, options backdating, revenue recognition and other accounting issues, public disclosure, broker-dealer compliance and breaches of fiduciary duty.  Our attorneys have appeared before federal and state regulatory authorities and in federal and state courts throughout the country.

Our Attorneys
Our securities litigation practice group includes Robert Ullmann, who chairs Nutter’s government investigations and white collar practice group and who served more than ten years with the U.S. Department of Justice, including appointments as the first assistant U.S. attorney and chief of the Criminal Division in the U.S. Attorney's Office in Boston. Our securities group also includes Ian Roffman, who joined Nutter in 2007 from the U.S. Securities and Exchange Commission, where as senior trial counsel in the Boston office, he was lead counsel on many high-profile SEC investigations and enforcement actions. The group also includes Jonathan Kotlier, who was for eight years the chief of the Economic Crimes Unit at the U.S. Attorney’s Office in Boston, where he prosecuted numerous securities related cases and dealt extensively with the SEC and the Massachusetts Division of Securities, and Allison Burroughs, who as an assistant U.S. attorney successfully prosecuted white collar cases in Boston and Philadelphia for 16 years prior to joining Nutter in 2005.

Our Representative Successes in Securities Litigation and Civil Fraud Matters
Representative successes in securities and fraud-related matters include:

  • Winning an acquittal after a three-week trial in federal court for the general counsel of a publicly-traded software company charged with securities fraud and false statements in the first prosecution arising out of the AOL/Time Warner merger.
  • Representing a public company provider of management services in SEC and NASD inquiries into alleged insider trading.  No charges were brought.
  • Representing a publicly-traded utility in SEC and state securities bureau investigations into alleged non-disclosure of transactions with a corporate officer and insider trading.  Lengthy investigations were resolved by settlement viewed by the client as favorable.
  • Representing a major investment firm in a contract dispute arising out of alleged violations of British stock exchange laws.  Contract dispute was settled on terms regarded by client as favorable.
  • Representing a major bond underwriter in federal securities fraud claim.  Won motion to dismiss.
  • Conducting an internal investigation for a public company concerning unregistered securities offerings.
  • Conducting an internal investigation for the audit committee of a public company concerning accounting practices and disclosures.
  • Conducting an internal investigation for the audit committee of a public company concerning unauthorized disclosures of confidential information.
  • Representing multiple public companies in insider trading investigations by the NYSE and FINRA. 
  • Representing a public company in shareholder litigation arising out of a change in corporate control. 
  • Representing a company and its president in a government appeal of dismissal of a criminal case involving accusations of false statements made in a Wells submission.  Won affirmation of dismissal of all charges.
  • Advising multiple public companies concerning disclosure obligations under the federal securities laws. 
  • Representing a foreign holding company that was victimized by a fraudulent investment scheme.  Successfully obtained a preliminary injunction in federal court. 
  • Successfully avoiding an enforcement action by the U.S. Treasury Department against a financial institution that failed to file currency transaction reports for over $50 million in cash deposits.
  • Representing the former CEO of a publicly-traded video technology company in an SEC investigation into alleged disclosure of material non-public information. 
  • Representing a trader at a major investment firm in an SEC investigation of alleged insider trading.  No charges were brought.
  • Representing employees of a large investment management firm in an SEC investigation of allocations of initial public offerings.  No charges were brought.
  • Representing the CEO of a major investment management firm in connection with SEC and various state attorney general investigations of the mutual fund industry.  No charges were brought.
  • Representing a former broker of a major investment firm in an SEC lawsuit charging fraud in connection with excessive trading and market timing.  Negotiated a resolution viewed by the client as favorable.
  • Representing an associate general counsel of a public software company in an SEC investigation involving alleged backdating of options.
  • Representing individuals in multiple SEC investigations concerning options backdating at several public companies. No charges have been brought.
  • Representing the CFO of a public company in an SEC investigation concerning accounting disclosures.  No charges were brought. 
  • Representing hedge fund managers in an SEC investigation regarding market timing.  No charges were brought.
  • Obtaining the dismissal of multiple fraud and breach of fiduciary duty actions filed in a California state court against a managing director of a private equity fund sitting on the board of directors of a health care management corporation.
  • Successfully avoiding a suit for a mutual fund client in connection with an investigation by the Massachusetts Division of Securities.


 

Securities Enforcement and Litigation : Client Services : Nutter McClennen & Fish LLP

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