Lawrence Kamin successfully represented a mutual fund portfolio manager in a federal regulatory investigation focused on valuation of fund assets. The regulator chose not to file an enforcement action against our client.
In an FBI investigation into public corruption and municipal securities law violations, Lawrence Kamin represented an executive of a broker-dealer. The FBI closed its investigation and no charges were brought against our client.
Lawrence Kamin attorneys successfully defended and helped minimize liability for the chief financial officer of a publicly-traded company in a well-publicized accounting irregularity investigation.
At the request of the independent directors of a mutual fund, Lawrence Kamin conducted a successful internal investigation into valuation issues. When regulatory investigations were later initiated, our firm was called upon to testify before the SEC.
Lawrence Kamin defended a corporate officer in an insider trading investigation of his company’s stock. Our firm successfully resolved the matter and helped our client minimize the sanctions imposed.
Lawrence Kamin defended its military contractor client against a whistleblower complaint lodged with the United States Air Force. The complaint threatened the client’s approved military contractor status. At the conclusion of our work, which included meetings with senior officials at the Pentagon, our client was allowed to maintain its approved status and continue its military business relationship.
A principal in a private equity fund enlisted Lawrence Kamin to represent him in an SEC investigation. The settlement achieved continues to be recognized as one involving a novel interpretation of investment adviser and broker-dealer law.
Lawrence Kamin represented the chief compliance officer of a broker-dealer in a FINRA investigation into soft dollar expenses. Our effective defense strategy resulted in the CCO’s avoidance of liability.
Lawrence Kamin defended a broker-dealer and its compliance and trading personnel in a self-regulatory organization investigation involving rapid order entry. Our attorneys negotiated undertakings into the settlement that satisfied regulatory concerns, allowing the broker-dealer and its personnel to maintain their licenses and continue in business.
When the Chicago commodity exchanges enhanced its market manipulation and spoofing surveillance program and initiated a wave of spoofing cases, Lawrence Kamin helped several futures traders avoid significant sanctions in some of the earliest of the exchange’s investigations.
SITUATION: Our private equity fund manager client was the target of a whistleblower complaint filed with a federal regulator by a disgruntled former employee. Allegations included bribery of domestic and foreign public officials, and improper treatment of travel and entertainment expenses. The regulators commenced an enforcement investigation, and issued several subpoenas.
STRATEGY: Lawrence Kamin attorneys reviewed and analyzed several hundred thousand documents, which were simultaneously produced to the regulator. We also conducted extensive interviews with our client’s personnel, amounting to a scaled internal investigation. Based on our reviews, we concluded that the allegations against our client were meritless. Our attorneys asked for, and were granted, a meeting with the regulator’s staff, without our client required to be present. We used the meeting as an opportunity to show that, based on the information we had produced, our client did not engage in any violative conduct.
RESULT: The compelling case evidence amassed by Lawrence Kamin resulted in the investigation being closed with no action taken against our client. In fact, none of our client’s personnel, including its principals and portfolio managers, were required to testify. Our client never faced any charges alleging violation of the Foreign Corrupt Practices Act or the Investment Advisers Act.
SITUATION: Our firm was hired by a large law firm and its private equity fund client to serve as regulatory counsel for the fund’s proposed acquisition of a broker-dealer and investment advisory firm. The transaction was in the planning stage.
STRATEGY: Based on our regulatory and compliance experience, we assisted our clients in conducting the regulatory due diligence of the proposed target. We identified due diligence requests and required regulatory approvals, including a timeline for milestones in the approval process. Our attorneys also conducted interviews of the target’s principals. Relying on our work, our clients proceeded to the acquisition stage, where we assisted in drafting the purchase agreement with respect to regulatory approvals and compliance-related representations. As part of our engagement, Lawrence Kamin met with the regulatory staff members to explain the transaction and expedite the registration and approval process. As part of our dealings with the regulators, we drafted requisite registration forms and related compliance procedures.
RESULT: Our experience in effectively interacting with the regulatory bodies, and their staff, worked to our clients’ advantage. The engagement resulted in a successful acquisition, benefiting our clients at minimal cost.
Authors: John Monical and Theodore Harman
SITUATION: A futures commissions merchant (“FCM”) sued the employee (“Employee”) of an introducing broker (“IB”) who placed losing trades in the IB owner’s account, causing greater than a $1 Million debit balance. The FCM claimed that the Employee recklessly ignored intraday margin procedures, interfering with the contractual relationship between the FCM and IB.
STRATEGY: Lawrence Kamin emphasized the legal standard throughout the arbitration hearing before the National Futures Association (“NFA”). Lawrence Kamin introduced the standard at the beginning and end of the opening statement, presenting examples where Courts had ruled for and against parties under the standard. Lawrence Kamin re-raised the standard during evidentiary arguments, sometimes giving up other arguments and even defenses. The closing compared the factual evidence with the factual findings from other cases applying the legal standard.
RESULT: In explaining the panel’s ruling in favor of the Employee, the panel chair described the standard as a very high hurdle that would only be met in exceptional cases.
Results content provided on this page is intended to be representative of the types of client matters Lawrence Kamin attorneys have handled and the legal expertise our professionals possess. Past performance is no guarantee of future results.
