Regulatory

Securities Enforcement

Securities Enforcement Header

We are at the forefront of the fast-paced and ever-changing SEC enforcement and regulatory regime.

115+ lawyers in 11 offices worldwide

Our team is led by former high-ranking lawyers with the SEC, DOJ, PCAOB, CFTC, and state attorneys general

Distinguished record of actual litigation wins and deep investigatory experience

Undefeated success
rate in challenging  SEC and CFTC regulations

Overview

From complex “bet the company” investigations and litigation to preventive compliance and targeted training of investment professionals and corporate officials, clients trust Gibson Dunn’s Securities Enforcement group for its deeply experienced team and track record of success.

We have represented clients in all industries in their most important matters. We know that each case is unique and that the best possible outcome requires an assessment of the facts, mastery of the law, development of a sound strategy in collaboration with our clients, and successful execution of that strategy.

Whether defending a  sensitive government investigation that puts a company or its senior executives at risk, litigating an enforcement action, or challenging a new regulation, our securities enforcement team is second to none. We have the knowledge, reputation, capabilities, and track record of winning the highest-stakes cases and outcomes that leading companies, executives and boards of directors demand when facing their most pressing enforcement challenges.

Gibson Dunn is a collaborative firm that works seamlessly across our offices and our leading practice groups to offer a holistic solution to our clients. This is vitally important in securities matters, which often require a multi-pronged strategy for managing civil litigation in the trial and appellate courts, parallel regulatory enforcement actions, and related matters challenging the conduct of founders,  officers, directors and major shareholders. For each securities matter, we develop an integrated strategy that offers our clients the benefit of Gibson Dunn’s world-class practitioners and industry professionals.

Our approach begins by understanding our clients’ business needs and strategies. We help our clients navigate the most serious legal and regulatory challenges, while keeping the big picture goals in mind. Our mission is our clients’ success.

Our client groups include:

  • Public companies
  • Global financial institutions
  • Investment advisers and broker-dealers
  • Auditors
  • Stock exchanges
  • Officers and directors
  • General counsels and chief compliance officers

We’ve been involved in many of the largest federal and state regulatory investigations concerning:

  • Cybersecurity
  • Complex accounting and financial reporting
  • Marketing and valuation of complex derivatives and structured products
  • Foreign Corrupt Practices Act
  • ESG and public company disclosures
  • Insider trading
  • Investment adviser conflicts of interest
  • Accountants’ liability

Our greatest successes are the ones that receive no publicity whatsoever because we successfully persuaded the SEC to close its investigation without taking any action against our client. Our experience enables us to anticipate the direction of an investigation, stay ahead of the curve, and successfully address issues with the government.

“[Gibson Dunn] is engaged in some of the most challenging and significant matters of recent times.”

Chambers USA

Experience

Recent representations include:

  • Keurig Dr Pepper: Represented in an SEC investigation of ESG disclosures resulting in an unusually favorable resolution with minimal fine.
  • AT&T:  Represented the head of investor relations in SEC’s investigation of violation of Regulation FD, resulting in no charges against our client.
  • Deer Park Road Management: Represented portfolio manager of hedge fund in SEC investigation of valuation of mortgage-backed securities.
  • Medallion Financial Corp.: Represented company in long-running SEC investigation of financial reporting and disclosures and valuation of assets.
  • Merck & Co., Inc.: Advised Merck on governance and disclosure matters relating to the spin-off of Organon as an independent, standalone, publicly traded company.
  • Sequential Brands: Represented Sequential Brands in an SEC Enforcement investigation and subsequent litigation filed in the SDNY regarding an impairment of more than $300 of goodwill. Secured settlement wherein the company did not admit liability and faced no financial penalty. The SEC declined to bring charges against any individual (including Gibson Dunn’s individual clients), instead settling with the former CFO (separately represented) for “books and records” charges only.
  • Former CEO of a renewable energy company: Represented former CEO of a renewable energy company, in a rare complete regulatory prosecution declination and have settled virtually all of the outstanding private civil actions with no financial contribution whatsoever by our client.
  • Patriarch Partners LLC: Prevailed in a three-week administrative trial against the SEC’s Enforcement Division and won dismissal of all charges against investment manager Lynn Tilton. The victory was especially remarkable because the SEC’s Enforcement Division wins 90 percent of the cases it brings in its administrative forum.
  • Hedge Fund Manager: Secured the rare victory of persuading the SEC to close its investigation of hedge fund manager without any enforcement action whatsoever after conducting a detailed investigation of the facts, while simultaneously developing legal arguments to challenge the SEC’s legal theory.
  •  Multinational Financial Services Company: Assist in an SEC investigation and a number of internal investigations relating to questions of bank liquidity and accounting for securities on balance sheet. The SEC closed the matter without enforcement action.
  • Global Telecommunications Company: Persuaded the SEC to close its investigation with no enforcement action after detailed investigation of disclosures.

Practice Leaders