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telecommunications company in the investigation of alleged dishonest conduct by senior financial personnel.\u003c/p\u003e\n\u003cp\u003eRepresented a private company in the investigation of alleged dishonest conduct by a senior vice president.\u003c/p\u003e\n\u003cp\u003eRepresented the audit committee of a NASDAQ-traded telecommunications company in the investigation of alleged stock-option backdating.\u003c/p\u003e\n\u003cp\u003eRepresented a NASDAQ-traded brokerage company in the investigation of alleged stock-option backdating on behalf of the audit committee.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eOther Litigation\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented buyer of historic cooperative building in various actions asserting claims by unit owners.\u003c/p\u003e\n\u003cp\u003eRepresented builders and contractors against multimillion dollar claims of defective Chinese drywall in federal multi-district and state court litigation.\u003c/p\u003e\n\u003cp\u003eRepresented a watch manufacturer in an action seeking damages for purported breach of contract, misappropriation of trade secrets, and fraud.\u003c/p\u003e\n\u003cp\u003eRepresented a company, its subsidiary, and an individual defendant in an action seeking damages for breach of contract, theft of trade secrets, and unfair competition.\u003c/p\u003e\n\u003cp\u003eRepresented a healthcare receivables financing company in an action asserting breach of contract and fraudulent inducement claims.\u003c/p\u003e\n\u003cp\u003eRepresented an alarm services company in a federal lawsuit involving a dispute over an asset purchase agreement.\u003c/p\u003e\n\u003cp\u003eRepresented the developer of a senior living facility in a specific performance action to obtain a $10 million parcel of land.\u003c/p\u003e\n\u003cp\u003eRepresented a developer with respect to claims involving an alleged contract to purchase luxury condominium units located on Fisher Island.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":699,"guid":"699.smart_tags","index":5,"source":"smartTags"},{"id":766,"guid":"766.smart_tags","index":6,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":7,"source":"smartTags"}],"is_active":true,"last_name":"Kavanaugh","nick_name":"Samantha","clerkships":[],"first_name":"Samantha","title_rank":9999,"updated_by":32,"law_schools":[{"id":2410,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"1996-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Ranked Band 1","detail":"Chambers USA in Litigation: Securities – Florida"}],"linked_in_url":"https://www.linkedin.com/in/samantha-kavanaugh-2377114/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eSamantha Kavanaugh defends corporate entities and individuals in federal and state courts around the country.\u0026nbsp; She has extensive experience litigating securities class actions, and other complex litigation, including private equity matters, business torts and contract disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eSamantha\u0026rsquo;s practice concentrates on defending clients in securities class actions alleging securities fraud, accounting fraud and breach of fiduciary duties.\u0026nbsp; She has defended many securities class actions collectively seeking damages in the billions of dollars.\u0026nbsp; Her defense of these cases often involves multiple related lawsuits and derivative claims.\u0026nbsp; Samantha also has experience conducting internal investigations for both public and private companies.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eSecurities Class Action Defense\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eDefended federal and state securities class actions against officers and directors of a medical supply company.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against global technology distributor.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against a VOIP telecommunications company.\u003c/p\u003e","\u003cp\u003eDefended federal and state securities class actions against an officer of a bankrupt entertainment company.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against a pharmaceutical company related to the status of new product development.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against a company in the education industry.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against a company providing software and services to the healthcare industry.\u003c/p\u003e","\u003cp\u003eDefended multi-district federal securities class actions against the former CEO of a bankrupt software company.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against the former controller of a bankrupt time-share company.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against an investment bank.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against a software development company and certain of its officers and directors.\u003c/p\u003e","\u003cp\u003eDefended federal securities class action against an aviation services company and certain of its officers and directors.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eOther Shareholder Derivative Litigation Defense\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented directors of a publicly-traded pharmaceutical company in defense of derivative claims asserted in more than one jurisdiction.\u003c/p\u003e\n\u003cp\u003eRepresented an executive of a private equity fund in defending derivative claims brought in federal court by a lender alleging fraudulent accounts receivable.\u003c/p\u003e\n\u003cp\u003eRepresented an executive of a private equity fund at multi-week jury trial in defense of derivative claims brought by a fund investor related to M\u0026amp;A transactions.\u003c/p\u003e\n\u003cp\u003eRepresented a public company in the education industry in defending derivative claims arising from parallel criminal and SEC investigations.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eOther Accounting and Financial Fraud Litigation\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented a private equity fund in multiple lawsuits in New York federal and state courts alleging fraudulent accounts receivable.\u003c/p\u003e\n\u003cp\u003eRepresented officers of a company in connection with an alleged misrepresentation and omission action brought by former and current shareholders of the company regarding on-site vehicle fluid analyzers.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eInternal Investigations\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented a NYSE-traded telecommunications company in the investigation of alleged dishonest conduct by senior financial personnel.\u003c/p\u003e\n\u003cp\u003eRepresented a private company in the investigation of alleged dishonest conduct by a senior vice president.\u003c/p\u003e\n\u003cp\u003eRepresented the audit committee of a NASDAQ-traded telecommunications company in the investigation of alleged stock-option backdating.\u003c/p\u003e\n\u003cp\u003eRepresented a NASDAQ-traded brokerage company in the investigation of alleged stock-option backdating on behalf of the audit committee.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eOther Litigation\u003c/em\u003e\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresented buyer of historic cooperative building in various actions asserting claims by unit owners.\u003c/p\u003e\n\u003cp\u003eRepresented builders and contractors against multimillion dollar claims of defective Chinese drywall in federal multi-district and state court litigation.\u003c/p\u003e\n\u003cp\u003eRepresented a watch manufacturer in an action seeking damages for purported breach of contract, misappropriation of trade secrets, and fraud.\u003c/p\u003e\n\u003cp\u003eRepresented a company, its subsidiary, and an individual defendant in an action seeking damages for breach of contract, theft of trade secrets, and unfair competition.\u003c/p\u003e\n\u003cp\u003eRepresented a healthcare receivables financing company in an action asserting breach of contract and fraudulent inducement claims.\u003c/p\u003e\n\u003cp\u003eRepresented an alarm services company in a federal lawsuit involving a dispute over an asset purchase agreement.\u003c/p\u003e\n\u003cp\u003eRepresented the developer of a senior living facility in a specific performance action to obtain a $10 million parcel of land.\u003c/p\u003e\n\u003cp\u003eRepresented a developer with respect to claims involving an alleged contract to purchase luxury condominium units located on Fisher Island.\u003c/p\u003e"],"recognitions":[{"title":"Ranked Band 1","detail":"Chambers USA in Litigation: Securities – Florida"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9670}]},"capability_group_id":3},"created_at":"2025-12-05T05:00:08.000Z","updated_at":"2025-12-05T05:00:08.000Z","searchable_text":"Kavanaugh{{ FIELD }}{:title=\u0026gt;\"Ranked Band 1\", :detail=\u0026gt;\"Chambers USA in Litigation: Securities – Florida\"}{{ FIELD }}Securities Class Action Defense\nDefended federal and state securities class actions against officers and directors of a medical supply company.{{ FIELD }}Defended federal securities class action against global technology distributor.{{ FIELD }}Defended federal securities class action against a VOIP telecommunications company.{{ FIELD }}Defended federal and state securities class actions against an officer of a bankrupt entertainment company.{{ FIELD }}Defended federal securities class action against a pharmaceutical company related to the status of new product development.{{ FIELD }}Defended federal securities class action against a company in the education industry.{{ FIELD }}Defended federal securities class action against a company providing software and services to the healthcare industry.{{ FIELD }}Defended multi-district federal securities class actions against the former CEO of a bankrupt software company.{{ FIELD }}Defended federal securities class action against the former controller of a bankrupt time-share company.{{ FIELD }}Defended federal securities class action against an investment bank.{{ FIELD }}Defended federal securities class action against a software development company and certain of its officers and directors.{{ FIELD }}Defended federal securities class action against an aviation services company and certain of its officers and directors.{{ FIELD }}Other Shareholder Derivative Litigation Defense\nRepresented directors of a publicly-traded pharmaceutical company in defense of derivative claims asserted in more than one jurisdiction.\nRepresented an executive of a private equity fund in defending derivative claims brought in federal court by a lender alleging fraudulent accounts receivable.\nRepresented an executive of a private equity fund at multi-week jury trial in defense of derivative claims brought by a fund investor related to M\u0026amp;A transactions.\nRepresented a public company in the education industry in defending derivative claims arising from parallel criminal and SEC investigations.{{ FIELD }}Other Accounting and Financial Fraud Litigation\nRepresented a private equity fund in multiple lawsuits in New York federal and state courts alleging fraudulent accounts receivable.\nRepresented officers of a company in connection with an alleged misrepresentation and omission action brought by former and current shareholders of the company regarding on-site vehicle fluid analyzers.{{ FIELD }}Internal Investigations\nRepresented a NYSE-traded telecommunications company in the investigation of alleged dishonest conduct by senior financial personnel.\nRepresented a private company in the investigation of alleged dishonest conduct by a senior vice president.\nRepresented the audit committee of a NASDAQ-traded telecommunications company in the investigation of alleged stock-option backdating.\nRepresented a NASDAQ-traded brokerage company in the investigation of alleged stock-option backdating on behalf of the audit committee.{{ FIELD }}Other Litigation\nRepresented buyer of historic cooperative building in various actions asserting claims by unit owners.\nRepresented builders and contractors against multimillion dollar claims of defective Chinese drywall in federal multi-district and state court litigation.\nRepresented a watch manufacturer in an action seeking damages for purported breach of contract, misappropriation of trade secrets, and fraud.\nRepresented a company, its subsidiary, and an individual defendant in an action seeking damages for breach of contract, theft of trade secrets, and unfair competition.\nRepresented a healthcare receivables financing company in an action asserting breach of contract and fraudulent inducement claims.\nRepresented an alarm services company in a federal lawsuit involving a dispute over an asset purchase agreement.\nRepresented the developer of a senior living facility in a specific performance action to obtain a $10 million parcel of land.\nRepresented a developer with respect to claims involving an alleged contract to purchase luxury condominium units located on Fisher Island.{{ FIELD }}Samantha Kavanaugh defends corporate entities and individuals in federal and state courts around the country.  She has extensive experience litigating securities class actions, and other complex litigation, including private equity matters, business torts and contract disputes.\nSamantha’s practice concentrates on defending clients in securities class actions alleging securities fraud, accounting fraud and breach of fiduciary duties.  She has defended many securities class actions collectively seeking damages in the billions of dollars.  Her defense of these cases often involves multiple related lawsuits and derivative claims.  Samantha also has experience conducting internal investigations for both public and private companies. Partner Ranked Band 1 Chambers USA in Litigation: Securities – Florida George Mason University George Mason University School of Law University of Virginia University of Virginia School of Law U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the D.C. Circuit U.S. District Court for the Eastern District of Wisconsin U.S. District Court for the Middle District of Florida U.S. District Court for the Northern District of Florida U.S. District Court for the Southern District of Florida U.S. District Court for the Middle District of Georgia U.S. District Court for the Northern District of Georgia Florida The Florida Bar, Member Dade County Bar Association, Member Securities Class Action Defense\nDefended federal and state securities class actions against officers and directors of a medical supply company. Defended federal securities class action against global technology distributor. Defended federal securities class action against a VOIP telecommunications company. Defended federal and state securities class actions against an officer of a bankrupt entertainment company. Defended federal securities class action against a pharmaceutical company related to the status of new product development. Defended federal securities class action against a company in the education industry. Defended federal securities class action against a company providing software and services to the healthcare industry. Defended multi-district federal securities class actions against the former CEO of a bankrupt software company. Defended federal securities class action against the former controller of a bankrupt time-share company. Defended federal securities class action against an investment bank. Defended federal securities class action against a software development company and certain of its officers and directors. Defended federal securities class action against an aviation services company and certain of its officers and directors. Other Shareholder Derivative Litigation Defense\nRepresented directors of a publicly-traded pharmaceutical company in defense of derivative claims asserted in more than one jurisdiction.\nRepresented an executive of a private equity fund in defending derivative claims brought in federal court by a lender alleging fraudulent accounts receivable.\nRepresented an executive of a private equity fund at multi-week jury trial in defense of derivative claims brought by a fund investor related to M\u0026amp;A transactions.\nRepresented a public company in the education industry in defending derivative claims arising from parallel criminal and SEC investigations. Other Accounting and Financial Fraud Litigation\nRepresented a private equity fund in multiple lawsuits in New York federal and state courts alleging fraudulent accounts receivable.\nRepresented officers of a company in connection with an alleged misrepresentation and omission action brought by former and current shareholders of the company regarding on-site vehicle fluid analyzers. Internal Investigations\nRepresented a NYSE-traded telecommunications company in the investigation of alleged dishonest conduct by senior financial personnel.\nRepresented a private company in the investigation of alleged dishonest conduct by a senior vice president.\nRepresented the audit committee of a NASDAQ-traded telecommunications company in the investigation of alleged stock-option backdating.\nRepresented a NASDAQ-traded brokerage company in the investigation of alleged stock-option backdating on behalf of the audit committee. Other Litigation\nRepresented buyer of historic cooperative building in various actions asserting claims by unit owners.\nRepresented builders and contractors against multimillion dollar claims of defective Chinese drywall in federal multi-district and state court litigation.\nRepresented a watch manufacturer in an action seeking damages for purported breach of contract, misappropriation of trade secrets, and fraud.\nRepresented a company, its subsidiary, and an individual defendant in an action seeking damages for breach of contract, theft of trade secrets, and unfair competition.\nRepresented a healthcare receivables financing company in an action asserting breach of contract and fraudulent inducement claims.\nRepresented an alarm services company in a federal lawsuit involving a dispute over an asset purchase agreement.\nRepresented the developer of a senior living facility in a specific performance action to obtain a $10 million parcel of land.\nRepresented a developer with respect to claims involving an alleged contract to purchase luxury condominium units located on Fisher Island.","searchable_name":"Samantha Kavanaugh","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":426547,"version":1,"owner_type":"Person","owner_id":4105,"payload":{"bio":"\u003cp\u003eBrandon Keel is a partner in the firm\u0026rsquo;s Business Litigation Group, where he represents clients in a variety of complex commercial litigation, focusing primarily on class actions, securities litigation, and other shareholder disputes. Brandon has represented clients through all stages of litigation in a broad array of commercial matters, including securities and consumer class actions, shareholder derivative lawsuits, contract disputes, post-closing M\u0026amp;A disputes, and business torts.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBefore joining King \u0026amp; Spalding, Brandon was a litigation associate at Skadden, Arps, Slate, Meagher \u0026amp; Flom LLP, where he represented a number of Fortune 500 companies in high-stakes commercial litigation. During his time at Skadden, he helped secure dismissals of numerous putative consumer class action lawsuits against one of the nation\u0026rsquo;s leading food and beverage companies. He also represented clients in substantial litigation arising out of the financial crisis.\u003c/p\u003e\n\u003cp\u003eBrandon has served on the firm\u0026rsquo;s hiring committee and is active in the firm\u0026rsquo;s efforts to recruit new attorneys. He is a member of the Georgia and Illinois bars, as well as the Atlanta Bar Association.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003ePublications\u003c/strong\u003e\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003e\u003cem\u003eCFPB Proposes Rule Prohibiting Class Action Waivers And Requiring Reporting Of Arbitration Information\u003c/em\u003e, Client Alert, May 11, 2016.\u003cbr /\u003e\u003cbr /\u003e\u003c/li\u003e\n\u003cli\u003e\u003cem\u003eProfiting Under the Veil of Compensation: Wills v. Foster and the Application of the Collateral Source Rule to Medicare and Medicaid\u003c/em\u003e, 58 DePaul L. Rev. 789 (2009)\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","slug":"brandon-keel","email":"bkeel@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresenting SCANA Corporation in various litigation matters arising out of the abandonment of SCANA\u0026rsquo;s new nuclear power development at the V.C. Summer nuclear station in South Carolina, including the defense of ratepayer class actions, securities class action litigation, shareholder derivative lawsuits, and a regulatory proceeding in which SCANA achieved approval for a proposed $14.6 billion merger with Dominion Energy.\u003c/p\u003e","\u003cp\u003eRepresenting Equifax, Inc. in securities class action litigation and related government investigations arising out of the data breach announced in September 2017.\u003c/p\u003e","\u003cp\u003eRepresenting Quorum Health Corporation, an owner and operator of acute care hospitals, and its former officers in defense of securities class action and derivative litigation relating to Quorum\u0026rsquo;s spin-off from its former parent company.\u003c/p\u003e","\u003cp\u003eRepresenting U.S. Xpress Enterprises, Inc., a large truckload carrier, and its directors and officers in securities class action litigation relating to the company\u0026rsquo;s 2018 initial public offering.\u003c/p\u003e","\u003cp\u003eRepresenting Tivity Health, Inc., a provider of health and fitness improvement programs, and its directors and officers in securities class action and derivative litigation.\u003c/p\u003e","\u003cp\u003eRepresenting Acadia Healthcare Company, Inc., an owner and operater of behavioral healthcare facilities, and its directors and officers in securities class action litigation.\u003c/p\u003e","\u003cp\u003eRepresenting Aeterna Zentaris, Inc., a biopharmaceutical company, and certain of its former officers in securities class action litigation arising out of the FDA\u0026rsquo;s rejection of the company\u0026rsquo;s New Drug Application.\u003c/p\u003e","\u003cp\u003eRepresenting a leading company in the payment processing industry in connection with class action litigation brought on behalf of merchants.\u003c/p\u003e","\u003cp\u003eRepresented an international airline in defense of a commercial dispute for alleged breach of contract.\u003c/p\u003e","\u003cp\u003eRepresented one of the world\u0026rsquo;s leading food and beverage companies in defense of various consumer class action litigation.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":3,"guid":"3.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":2,"source":"capabilities"},{"id":21,"guid":"21.capabilities","index":3,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":4,"source":"capabilities"},{"id":1157,"guid":"1157.smart_tags","index":5,"source":"smartTags"},{"id":1204,"guid":"1204.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Keel","nick_name":"Brandon","clerkships":[],"first_name":"Brandon","title_rank":9999,"updated_by":202,"law_schools":[{"id":565,"meta":{"degree":"J.D.","honors":"summa cum laude, Order of the Coif","is_law_school":1,"graduation_date":"2009-01-01 00:00:00 UTC"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"R.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eBrandon Keel is a partner in the firm\u0026rsquo;s Business Litigation Group, where he represents clients in a variety of complex commercial litigation, focusing primarily on class actions, securities litigation, and other shareholder disputes. Brandon has represented clients through all stages of litigation in a broad array of commercial matters, including securities and consumer class actions, shareholder derivative lawsuits, contract disputes, post-closing M\u0026amp;A disputes, and business torts.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBefore joining King \u0026amp; Spalding, Brandon was a litigation associate at Skadden, Arps, Slate, Meagher \u0026amp; Flom LLP, where he represented a number of Fortune 500 companies in high-stakes commercial litigation. During his time at Skadden, he helped secure dismissals of numerous putative consumer class action lawsuits against one of the nation\u0026rsquo;s leading food and beverage companies. He also represented clients in substantial litigation arising out of the financial crisis.\u003c/p\u003e\n\u003cp\u003eBrandon has served on the firm\u0026rsquo;s hiring committee and is active in the firm\u0026rsquo;s efforts to recruit new attorneys. He is a member of the Georgia and Illinois bars, as well as the Atlanta Bar Association.\u003c/p\u003e\n\u003cp\u003e\u003cstrong\u003ePublications\u003c/strong\u003e\u003c/p\u003e\n\u003cul\u003e\n\u003cli\u003e\u003cem\u003eCFPB Proposes Rule Prohibiting Class Action Waivers And Requiring Reporting Of Arbitration Information\u003c/em\u003e, Client Alert, May 11, 2016.\u003cbr /\u003e\u003cbr /\u003e\u003c/li\u003e\n\u003cli\u003e\u003cem\u003eProfiting Under the Veil of Compensation: Wills v. Foster and the Application of the Collateral Source Rule to Medicare and Medicaid\u003c/em\u003e, 58 DePaul L. Rev. 789 (2009)\u003c/li\u003e\n\u003c/ul\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eRepresenting SCANA Corporation in various litigation matters arising out of the abandonment of SCANA\u0026rsquo;s new nuclear power development at the V.C. Summer nuclear station in South Carolina, including the defense of ratepayer class actions, securities class action litigation, shareholder derivative lawsuits, and a regulatory proceeding in which SCANA achieved approval for a proposed $14.6 billion merger with Dominion Energy.\u003c/p\u003e","\u003cp\u003eRepresenting Equifax, Inc. in securities class action litigation and related government investigations arising out of the data breach announced in September 2017.\u003c/p\u003e","\u003cp\u003eRepresenting Quorum Health Corporation, an owner and operator of acute care hospitals, and its former officers in defense of securities class action and derivative litigation relating to Quorum\u0026rsquo;s spin-off from its former parent company.\u003c/p\u003e","\u003cp\u003eRepresenting U.S. Xpress Enterprises, Inc., a large truckload carrier, and its directors and officers in securities class action litigation relating to the company\u0026rsquo;s 2018 initial public offering.\u003c/p\u003e","\u003cp\u003eRepresenting Tivity Health, Inc., a provider of health and fitness improvement programs, and its directors and officers in securities class action and derivative litigation.\u003c/p\u003e","\u003cp\u003eRepresenting Acadia Healthcare Company, Inc., an owner and operater of behavioral healthcare facilities, and its directors and officers in securities class action litigation.\u003c/p\u003e","\u003cp\u003eRepresenting Aeterna Zentaris, Inc., a biopharmaceutical company, and certain of its former officers in securities class action litigation arising out of the FDA\u0026rsquo;s rejection of the company\u0026rsquo;s New Drug Application.\u003c/p\u003e","\u003cp\u003eRepresenting a leading company in the payment processing industry in connection with class action litigation brought on behalf of merchants.\u003c/p\u003e","\u003cp\u003eRepresented an international airline in defense of a commercial dispute for alleged breach of contract.\u003c/p\u003e","\u003cp\u003eRepresented one of the world\u0026rsquo;s leading food and beverage companies in defense of various consumer class action litigation.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11795}]},"capability_group_id":3},"created_at":"2025-05-26T04:54:35.000Z","updated_at":"2025-05-26T04:54:35.000Z","searchable_text":"Keel{{ FIELD }}Representing SCANA Corporation in various litigation matters arising out of the abandonment of SCANA’s new nuclear power development at the V.C. Summer nuclear station in South Carolina, including the defense of ratepayer class actions, securities class action litigation, shareholder derivative lawsuits, and a regulatory proceeding in which SCANA achieved approval for a proposed $14.6 billion merger with Dominion Energy.{{ FIELD }}Representing Equifax, Inc. in securities class action litigation and related government investigations arising out of the data breach announced in September 2017.{{ FIELD }}Representing Quorum Health Corporation, an owner and operator of acute care hospitals, and its former officers in defense of securities class action and derivative litigation relating to Quorum’s spin-off from its former parent company.{{ FIELD }}Representing U.S. Xpress Enterprises, Inc., a large truckload carrier, and its directors and officers in securities class action litigation relating to the company’s 2018 initial public offering.{{ FIELD }}Representing Tivity Health, Inc., a provider of health and fitness improvement programs, and its directors and officers in securities class action and derivative litigation.{{ FIELD }}Representing Acadia Healthcare Company, Inc., an owner and operater of behavioral healthcare facilities, and its directors and officers in securities class action litigation.{{ FIELD }}Representing Aeterna Zentaris, Inc., a biopharmaceutical company, and certain of its former officers in securities class action litigation arising out of the FDA’s rejection of the company’s New Drug Application.{{ FIELD }}Representing a leading company in the payment processing industry in connection with class action litigation brought on behalf of merchants.{{ FIELD }}Represented an international airline in defense of a commercial dispute for alleged breach of contract.{{ FIELD }}Represented one of the world’s leading food and beverage companies in defense of various consumer class action litigation.{{ FIELD }}Brandon Keel is a partner in the firm’s Business Litigation Group, where he represents clients in a variety of complex commercial litigation, focusing primarily on class actions, securities litigation, and other shareholder disputes. Brandon has represented clients through all stages of litigation in a broad array of commercial matters, including securities and consumer class actions, shareholder derivative lawsuits, contract disputes, post-closing M\u0026amp;A disputes, and business torts. \nBefore joining King \u0026amp; Spalding, Brandon was a litigation associate at Skadden, Arps, Slate, Meagher \u0026amp; Flom LLP, where he represented a number of Fortune 500 companies in high-stakes commercial litigation. During his time at Skadden, he helped secure dismissals of numerous putative consumer class action lawsuits against one of the nation’s leading food and beverage companies. He also represented clients in substantial litigation arising out of the financial crisis.\nBrandon has served on the firm’s hiring committee and is active in the firm’s efforts to recruit new attorneys. He is a member of the Georgia and Illinois bars, as well as the Atlanta Bar Association.\nPublications\n\nCFPB Proposes Rule Prohibiting Class Action Waivers And Requiring Reporting Of Arbitration Information, Client Alert, May 11, 2016.\nProfiting Under the Veil of Compensation: Wills v. Foster and the Application of the Collateral Source Rule to Medicare and Medicaid, 58 DePaul L. Rev. 789 (2009)\n\n  Partner University of Colorado at Boulder University of Colorado School of Law DePaul University DePaul University College of Law U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern District of Illinois U.S. District Court for the Northern District of Georgia Georgia Illinois Representing SCANA Corporation in various litigation matters arising out of the abandonment of SCANA’s new nuclear power development at the V.C. Summer nuclear station in South Carolina, including the defense of ratepayer class actions, securities class action litigation, shareholder derivative lawsuits, and a regulatory proceeding in which SCANA achieved approval for a proposed $14.6 billion merger with Dominion Energy. Representing Equifax, Inc. in securities class action litigation and related government investigations arising out of the data breach announced in September 2017. Representing Quorum Health Corporation, an owner and operator of acute care hospitals, and its former officers in defense of securities class action and derivative litigation relating to Quorum’s spin-off from its former parent company. Representing U.S. Xpress Enterprises, Inc., a large truckload carrier, and its directors and officers in securities class action litigation relating to the company’s 2018 initial public offering. Representing Tivity Health, Inc., a provider of health and fitness improvement programs, and its directors and officers in securities class action and derivative litigation. Representing Acadia Healthcare Company, Inc., an owner and operater of behavioral healthcare facilities, and its directors and officers in securities class action litigation. Representing Aeterna Zentaris, Inc., a biopharmaceutical company, and certain of its former officers in securities class action litigation arising out of the FDA’s rejection of the company’s New Drug Application. Representing a leading company in the payment processing industry in connection with class action litigation brought on behalf of merchants. Represented an international airline in defense of a commercial dispute for alleged breach of contract. Represented one of the world’s leading food and beverage companies in defense of various consumer class action litigation.","searchable_name":"Brandon R. Keel","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":445242,"version":1,"owner_type":"Person","owner_id":6425,"payload":{"bio":"\u003cp\u003eMark Kirsch is a partner in King \u0026amp; Spalding\u0026rsquo;s New York office. He is an experienced trial lawyer whose practice focuses on complex securities, white collar, commercial and antitrust litigation. He is routinely named one of the leading litigators in the United States. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMark is ranked for Securities Litigation nationwide and in New York by \u003cem\u003eChambers USA: America\u0026rsquo;s Leading Lawyers for Business\u003c/em\u003e.\u0026nbsp; The 2022 edition of \u003cem\u003eChambers USA\u003c/em\u003e states that clients say he is \u0026ldquo;a very strategic thinker with a great demeanor in litigation, as well as providing good client service,\u0026rdquo; and that \u0026ldquo;he has incredible judgment, is very good on his feet and always prepared.\u0026rdquo;\u0026nbsp; The 2021 edition shares that clients believe he is \u0026ldquo;an amazingly quick study, and great at strategic decision-making.\u0026rdquo;\u0026nbsp; The 2020 edition notes that clients say Mark is \u0026ldquo;a brilliant lawyer and a great strategist, with excellent client service\u0026rdquo; and that \u0026ldquo;his way of handling cases and his ability to combine legal knowledge with the business risks is absolutely excellent.\u0026rdquo;\u0026nbsp; A client also comments that he has \u0026ldquo;fantastic cross-examination skills.\u0026rdquo;\u0026nbsp; Prior recent editions of \u003cem\u003eChambers USA\u003c/em\u003e refer to Mark as \u0026ldquo;one of the most extraordinary litigators I\u0026rsquo;ve seen,\u0026rdquo; \u0026ldquo;a very deep thinker who is always incredibly well prepared,\u0026rdquo; and who \u0026ldquo;does a fantastic job when arguing cases,\u0026rdquo; \u0026ldquo;is at the vanguard of the US securities litigation market and enjoys a stunning reputation,\u0026rdquo; is \u0026ldquo;a force to be reckoned with,\u0026rdquo; is \u0026ldquo;a great strategist who\u0026rsquo;s detail-oriented and fantastic on his feet,\u0026rdquo; is \u0026ldquo;very good at strategy and very responsive to client needs,\u0026rdquo; and who is \u0026ldquo;extremely pleasant to deal with.\u0026rdquo;\u0026nbsp; He is also recognized as a leading securities litigation attorney by \u003cem\u003eThe Legal 500 United States\u003c/em\u003e.\u0026nbsp; Mark is named as a leading commercial litigation attorney by \u003cem\u003eThe Best Lawyers in America\u0026reg;,\u003c/em\u003e and \u003cem\u003eBenchmark Litigation\u0026rsquo;s\u003c/em\u003e Guide to America\u0026rsquo;s Leading Litigation Firms and Attorneys recognized him as a \u0026ldquo;Litigation Star.\u0026rdquo;\u0026nbsp; In both 2019 and 2016, Law360 named Mark as one of five Securities Litigation MVPs nationwide.\u0026nbsp; In addition, he was named to \u003cem\u003eCity \u0026amp; State\u0026rsquo;s\u003c/em\u003e \u0026ldquo;50 Over 50\u0026rdquo; list of the most distinguished public servants in New York in 2020, a \u0026ldquo;Life Sciences Star\u0026rdquo; by \u003cem\u003eLMG Life Sciences 2017\u003c/em\u003e, and selected by \u003cem\u003eThe Lawyer\u003c/em\u003e as one of its \u0026ldquo;Global Hot 100 Attorneys\u0026rdquo; in 2006.\u003c/p\u003e\n\u003cp\u003eMark currently serves on the Board of Trustees of the American Friends of Hebrew University.\u003c/p\u003e\n\u003cp\u003eFrom 1991 to 1995, he served as Assistant United States Attorney in the Eastern District of New York, focusing on complex financial crimes.\u0026nbsp; In 1994, U.S. Attorney General Janet Reno personally awarded Mr. Kirsch the Justice Department Director\u0026rsquo;s Award for Superior Achievement as an Assistant U.S. Attorney.\u003c/p\u003e\n\u003cp\u003eMark was previously a partner at Gibson, Dunn \u0026amp; Crutcher where he served on the Executive Committee, as Co-Partner in Charge of the New York Office, and as Global Co-Chair of Gibson Dunn\u0026rsquo;s litigation practice. Prior to that, he was a partner at Clifford Chance where he served as Global Chair of the Litigation Practice and as a member of the Global Management Committee.\u003c/p\u003e\n\u003cp\u003eMark received his Juris Doctor from Yale University Law School, where he was Articles Editor of the Yale Law \u0026amp; Policy Review, and his Bachelor of Arts degree with distinction from Cornell University.\u0026nbsp; He clerked for the Honorable John M. Walker, Jr. in New York.\u003c/p\u003e","slug":"mark-kirsch","email":"mkirsch@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresent\u0026nbsp;\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eRio Tinto\u003c/strong\u003e\u003c/span\u003e, the world\u0026rsquo;s second largest mining company, in an SEC suit alleging violations of Section 10(b), 17(a), internal controls requirements and books and records requirements, concerning the timing of a more than $3 billion impairment taken in connection with a mining project in Mozambique. Prior to trial the SEC dropped the 10(b), 17(a) and all scienter-based charges, settling for non-scienter books and records violations, a historic outcome for Rio Tinto.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eRio Tinto\u003c/strong\u003e in defeating a Section 10(b) class action based on the same conduct as in the SEC case. The Second Circuit affirmed the dismissal by the District Court.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eVale S.A.\u003c/strong\u003e\u003c/span\u003e\u0026nbsp;in massive class actions relating to the collapse of the Fundao dam in Brazil. Defeated class certification in one class action, effectively ending it, and obtained dismissal of a second that was affirmed by the Second Circuit.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eVale S.A.\u003c/strong\u003e\u0026nbsp;in another massive class action resulting from the collapse of the Brumadinho dam in Brazil. (Case still pending.)\u003c/p\u003e","\u003cp\u003eSuccessfully represented half the board of directors of \u003cstrong\u003eAeroJet RocketDyne\u003c/strong\u003e against the other half of the board in a proxy fight, including trial to verdict in Delaware Chancery.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eBlackRock\u003c/strong\u003e\u0026nbsp;in a major suit\u0026nbsp;in Virgin Islands Superior Court by shareholders of two public companies alleging BlackRock fraudulently drove down the share price of the companies.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;and its directors in an action in New York State court brought by common shareholders challenging distribution of $550 million in merger proceeds.\u003c/p\u003e","\u003cp\u003eDefending a\u0026nbsp;\u003cstrong\u003emajor global bank\u003c/strong\u003e\u0026nbsp;in a large arbitration brought by a corporate entity alleging breach of fiduciary duty and breach of contract in connection with the sale of a large energy asset.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eFareva S.A.\u003c/strong\u003e, a large European manufacturer, in a breach of contract suit brought by LG and Avon the Southern District of New York.\u003c/p\u003e","\u003cp\u003e\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eGerald Metals\u003c/strong\u003e\u003c/span\u003e, the largest privately owned metals trading firm in the world, in litigation in Connecticut Superior Court brought by former senior executives and shareholders alleging breach of fiduciary duty and breach of contract in connection with shareholding and other agreements.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eUBS\u003c/strong\u003e\u0026nbsp;in class actions alleging that primary dealers of the New York Federal Reserve Bank price-fixed the auction market for U.S. Treasury securities.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eUBS\u003c/strong\u003e\u0026nbsp;in multiple LIBOR-related actions alleging price fixing, including cases where class certification was denied in connection with three separate putative classes.\u003c/p\u003e","\u003cp\u003eWon a complete trial verdict for global investment adviser \u003cstrong\u003eInvestcorp\u003c/strong\u003e in a case brought by hedge fund Kortright Partners for $250 million for negligent misrepresentation.\u003c/p\u003e","\u003cp\u003eWon a significant trial verdict for a \u003cstrong\u003eSusquehanna fund and two senior executives\u003c/strong\u003e after a bench trial asserting fraud claims in the $115 million sale of Plimus to Great Hill.\u003c/p\u003e","\u003cp\u003eObtained complete dismissal of a shareholder class action for\u0026nbsp;\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eAmTrust Financial\u003c/strong\u003e\u003c/span\u003e, a Fortune 500 insurer, alleging violations of Section 11 of the 1933 Act and Section 10(b) of the Exchange Act, despite the Company\u0026rsquo;s restatement of financials and a disclosed SEC investigation.\u003c/p\u003e","\u003cp\u003eServed as the co-lead lawyer for \u003cstrong\u003eLynn Tilton\u003c/strong\u003e, the \u0026ldquo;Diva of Distressed,\u0026rdquo; and defeated the SEC after a three-week trial in the SEC\u0026rsquo;s ALJ court, where the ALJ dismissed all fraud and negligence charges against Ms. Tilton.\u003c/p\u003e","\u003cp\u003eObtained a rare reversal of a denial of summary judgment from the New York Appellate Division, on behalf of \u003cstrong\u003eTrust Company of the West\u003c/strong\u003e, on grounds the plaintiff hedge fund failed to establish loss causation in a case where TCW was the collateral manager for a large portfolio of mortgage-backed securities that failed to perform in the wake of the global financial crisis. TCW successfully argued the financial crisis caused the loss, not TCW\u0026rsquo;s management.\u003c/p\u003e","\u003cp\u003eObtained affirmance by the New Jersey Appellate Division of a dismissal from the bench after oral argument of a complaint against \u003cstrong\u003eMerck\u003c/strong\u003e challenging its tax disclosures.\u003c/p\u003e","\u003cp\u003eDefended \u003cstrong\u003eCorvex Management\u003c/strong\u003e and \u003cstrong\u003eThe Related Companies\u003c/strong\u003e in a two-week arbitration (the result of which was publicly disclosed) that resulted in invalidating all material anti-shareholder defenses of CommonWealth REIT, whose Trustees Corvex/Related ultimately removed in a consent solicitation.\u0026nbsp; Many major media outlets described the outcome as a \u0026ldquo;major victory\u0026rdquo; for Corvex/Related.\u003c/p\u003e","\u003cp\u003eObtained the voluntary dismissal of a putative class action on behalf of \u003cstrong\u003eGoldman Sachs, Citigroup, Merrill Lynch, Morgan Stanley, UBS and BNY Mellon Capital Markets\u003c/strong\u003e \u0026ndash; after three years of litigation \u0026ndash; arising from BNYM\u0026rsquo;s foreign exchange business, alleging violation of the federal securities laws in connection with underwriting $2 billion of securities for BNYM.\u003c/p\u003e","\u003cp\u003eDefended \u003cstrong\u003eGoldman Sachs, Citigroup, Bank of America, Merrill Lynch, J.P. Morgan, Deutsche Bank and Royal Bank of Scotland\u003c/strong\u003e in a putative class action alleging violation of the federal securities laws in connection with underwriting $900 million of notes for MF Global Holdings.\u003c/p\u003e","\u003cp\u003eResolved favorably for \u003cstrong\u003eMoody\u0026rsquo;s\u003c/strong\u003e the two most significant cases it had faced concerning ratings of structured investment vehicles.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eObtained summary judgment for \u003cstrong\u003eCitigroup\u003c/strong\u003e in connection with a securities fraud claim for $13.2 billion brought by Parmalat investors after Parmalat\u0026rsquo;s collapse.\u003c/p\u003e","\u003cp\u003eLed the team that achieved five significant victories for \u003cstrong\u003eAllianceBernstein\u003c/strong\u003e in securities litigation arising out of the Enron collapse, including a seven-week state court jury trial in which Alliance defeated the Florida state pension fund\u0026rsquo;s attempt to recover $3.2 billion in losses the fund sustained in Enron and other stocks, and AllianceBernstein won its damages counterclaim and costs.\u0026nbsp;\u0026nbsp;\u003cem\u003eThe National Law Journal\u003c/em\u003e\u0026nbsp;selected the trial victory as one of its \u0026ldquo;Top 10 Defense Verdicts of 2006.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eAllianceBernstein\u003c/strong\u003e in the\u0026nbsp;\u003cem\u003eNewby\u003c/em\u003e\u0026nbsp;securities class action in Houston, in which Enron shareholders and bondholders sought over $1 billion in damages against the company. Obtained summary judgment for AllianceBernstein and costs against plaintiffs\u0026rsquo; counsel, a victory written about twice by the\u0026nbsp;\u003cem\u003eWall Street Journal\u003c/em\u003e\u0026nbsp;in editorials.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":3,"source":"capabilities"},{"id":1,"guid":"1.capabilities","index":4,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":5,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":6,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":7,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":8,"source":"capabilities"},{"id":762,"guid":"762.smart_tags","index":9,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":10,"source":"smartTags"},{"id":132,"guid":"132.capabilities","index":11,"source":"capabilities"},{"id":1434,"guid":"1434.smart_tags","index":12,"source":"smartTags"},{"id":129,"guid":"129.capabilities","index":13,"source":"capabilities"}],"is_active":true,"last_name":"Kirsch","nick_name":"Mark","clerkships":[{"name":"Judicial Clerk, Honorable John M. Waker, Jr., U.S. District Court for the Southern District of New York","years_held":"1987 - 1988"}],"first_name":"Mark","title_rank":9999,"updated_by":32,"law_schools":[{"id":2605,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"1987-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"A.","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/mark-kirsch-525a3610/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eMark Kirsch is a partner in King \u0026amp; Spalding\u0026rsquo;s New York office. He is an experienced trial lawyer whose practice focuses on complex securities, white collar, commercial and antitrust litigation. He is routinely named one of the leading litigators in the United States. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eMark is ranked for Securities Litigation nationwide and in New York by \u003cem\u003eChambers USA: America\u0026rsquo;s Leading Lawyers for Business\u003c/em\u003e.\u0026nbsp; The 2022 edition of \u003cem\u003eChambers USA\u003c/em\u003e states that clients say he is \u0026ldquo;a very strategic thinker with a great demeanor in litigation, as well as providing good client service,\u0026rdquo; and that \u0026ldquo;he has incredible judgment, is very good on his feet and always prepared.\u0026rdquo;\u0026nbsp; The 2021 edition shares that clients believe he is \u0026ldquo;an amazingly quick study, and great at strategic decision-making.\u0026rdquo;\u0026nbsp; The 2020 edition notes that clients say Mark is \u0026ldquo;a brilliant lawyer and a great strategist, with excellent client service\u0026rdquo; and that \u0026ldquo;his way of handling cases and his ability to combine legal knowledge with the business risks is absolutely excellent.\u0026rdquo;\u0026nbsp; A client also comments that he has \u0026ldquo;fantastic cross-examination skills.\u0026rdquo;\u0026nbsp; Prior recent editions of \u003cem\u003eChambers USA\u003c/em\u003e refer to Mark as \u0026ldquo;one of the most extraordinary litigators I\u0026rsquo;ve seen,\u0026rdquo; \u0026ldquo;a very deep thinker who is always incredibly well prepared,\u0026rdquo; and who \u0026ldquo;does a fantastic job when arguing cases,\u0026rdquo; \u0026ldquo;is at the vanguard of the US securities litigation market and enjoys a stunning reputation,\u0026rdquo; is \u0026ldquo;a force to be reckoned with,\u0026rdquo; is \u0026ldquo;a great strategist who\u0026rsquo;s detail-oriented and fantastic on his feet,\u0026rdquo; is \u0026ldquo;very good at strategy and very responsive to client needs,\u0026rdquo; and who is \u0026ldquo;extremely pleasant to deal with.\u0026rdquo;\u0026nbsp; He is also recognized as a leading securities litigation attorney by \u003cem\u003eThe Legal 500 United States\u003c/em\u003e.\u0026nbsp; Mark is named as a leading commercial litigation attorney by \u003cem\u003eThe Best Lawyers in America\u0026reg;,\u003c/em\u003e and \u003cem\u003eBenchmark Litigation\u0026rsquo;s\u003c/em\u003e Guide to America\u0026rsquo;s Leading Litigation Firms and Attorneys recognized him as a \u0026ldquo;Litigation Star.\u0026rdquo;\u0026nbsp; In both 2019 and 2016, Law360 named Mark as one of five Securities Litigation MVPs nationwide.\u0026nbsp; In addition, he was named to \u003cem\u003eCity \u0026amp; State\u0026rsquo;s\u003c/em\u003e \u0026ldquo;50 Over 50\u0026rdquo; list of the most distinguished public servants in New York in 2020, a \u0026ldquo;Life Sciences Star\u0026rdquo; by \u003cem\u003eLMG Life Sciences 2017\u003c/em\u003e, and selected by \u003cem\u003eThe Lawyer\u003c/em\u003e as one of its \u0026ldquo;Global Hot 100 Attorneys\u0026rdquo; in 2006.\u003c/p\u003e\n\u003cp\u003eMark currently serves on the Board of Trustees of the American Friends of Hebrew University.\u003c/p\u003e\n\u003cp\u003eFrom 1991 to 1995, he served as Assistant United States Attorney in the Eastern District of New York, focusing on complex financial crimes.\u0026nbsp; In 1994, U.S. Attorney General Janet Reno personally awarded Mr. Kirsch the Justice Department Director\u0026rsquo;s Award for Superior Achievement as an Assistant U.S. Attorney.\u003c/p\u003e\n\u003cp\u003eMark was previously a partner at Gibson, Dunn \u0026amp; Crutcher where he served on the Executive Committee, as Co-Partner in Charge of the New York Office, and as Global Co-Chair of Gibson Dunn\u0026rsquo;s litigation practice. Prior to that, he was a partner at Clifford Chance where he served as Global Chair of the Litigation Practice and as a member of the Global Management Committee.\u003c/p\u003e\n\u003cp\u003eMark received his Juris Doctor from Yale University Law School, where he was Articles Editor of the Yale Law \u0026amp; Policy Review, and his Bachelor of Arts degree with distinction from Cornell University.\u0026nbsp; He clerked for the Honorable John M. Walker, Jr. in New York.\u003c/p\u003e","matters":["\u003cp\u003eRepresent\u0026nbsp;\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eRio Tinto\u003c/strong\u003e\u003c/span\u003e, the world\u0026rsquo;s second largest mining company, in an SEC suit alleging violations of Section 10(b), 17(a), internal controls requirements and books and records requirements, concerning the timing of a more than $3 billion impairment taken in connection with a mining project in Mozambique. Prior to trial the SEC dropped the 10(b), 17(a) and all scienter-based charges, settling for non-scienter books and records violations, a historic outcome for Rio Tinto.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eRio Tinto\u003c/strong\u003e in defeating a Section 10(b) class action based on the same conduct as in the SEC case. The Second Circuit affirmed the dismissal by the District Court.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eVale S.A.\u003c/strong\u003e\u003c/span\u003e\u0026nbsp;in massive class actions relating to the collapse of the Fundao dam in Brazil. Defeated class certification in one class action, effectively ending it, and obtained dismissal of a second that was affirmed by the Second Circuit.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003eVale S.A.\u003c/strong\u003e\u0026nbsp;in another massive class action resulting from the collapse of the Brumadinho dam in Brazil. (Case still pending.)\u003c/p\u003e","\u003cp\u003eSuccessfully represented half the board of directors of \u003cstrong\u003eAeroJet RocketDyne\u003c/strong\u003e against the other half of the board in a proxy fight, including trial to verdict in Delaware Chancery.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eBlackRock\u003c/strong\u003e\u0026nbsp;in a major suit\u0026nbsp;in Virgin Islands Superior Court by shareholders of two public companies alleging BlackRock fraudulently drove down the share price of the companies.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eFanDuel\u003c/strong\u003e\u0026nbsp;and its directors in an action in New York State court brought by common shareholders challenging distribution of $550 million in merger proceeds.\u003c/p\u003e","\u003cp\u003eDefending a\u0026nbsp;\u003cstrong\u003emajor global bank\u003c/strong\u003e\u0026nbsp;in a large arbitration brought by a corporate entity alleging breach of fiduciary duty and breach of contract in connection with the sale of a large energy asset.\u003c/p\u003e","\u003cp\u003eDefending\u0026nbsp;\u003cstrong\u003eFareva S.A.\u003c/strong\u003e, a large European manufacturer, in a breach of contract suit brought by LG and Avon the Southern District of New York.\u003c/p\u003e","\u003cp\u003e\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eGerald Metals\u003c/strong\u003e\u003c/span\u003e, the largest privately owned metals trading firm in the world, in litigation in Connecticut Superior Court brought by former senior executives and shareholders alleging breach of fiduciary duty and breach of contract in connection with shareholding and other agreements.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eUBS\u003c/strong\u003e\u0026nbsp;in class actions alleging that primary dealers of the New York Federal Reserve Bank price-fixed the auction market for U.S. Treasury securities.\u003c/p\u003e","\u003cp\u003eDefended\u0026nbsp;\u003cstrong\u003eUBS\u003c/strong\u003e\u0026nbsp;in multiple LIBOR-related actions alleging price fixing, including cases where class certification was denied in connection with three separate putative classes.\u003c/p\u003e","\u003cp\u003eWon a complete trial verdict for global investment adviser \u003cstrong\u003eInvestcorp\u003c/strong\u003e in a case brought by hedge fund Kortright Partners for $250 million for negligent misrepresentation.\u003c/p\u003e","\u003cp\u003eWon a significant trial verdict for a \u003cstrong\u003eSusquehanna fund and two senior executives\u003c/strong\u003e after a bench trial asserting fraud claims in the $115 million sale of Plimus to Great Hill.\u003c/p\u003e","\u003cp\u003eObtained complete dismissal of a shareholder class action for\u0026nbsp;\u003cspan style=\"font-weight: normal !msorm;\"\u003e\u003cstrong\u003eAmTrust Financial\u003c/strong\u003e\u003c/span\u003e, a Fortune 500 insurer, alleging violations of Section 11 of the 1933 Act and Section 10(b) of the Exchange Act, despite the Company\u0026rsquo;s restatement of financials and a disclosed SEC investigation.\u003c/p\u003e","\u003cp\u003eServed as the co-lead lawyer for \u003cstrong\u003eLynn Tilton\u003c/strong\u003e, the \u0026ldquo;Diva of Distressed,\u0026rdquo; and defeated the SEC after a three-week trial in the SEC\u0026rsquo;s ALJ court, where the ALJ dismissed all fraud and negligence charges against Ms. Tilton.\u003c/p\u003e","\u003cp\u003eObtained a rare reversal of a denial of summary judgment from the New York Appellate Division, on behalf of \u003cstrong\u003eTrust Company of the West\u003c/strong\u003e, on grounds the plaintiff hedge fund failed to establish loss causation in a case where TCW was the collateral manager for a large portfolio of mortgage-backed securities that failed to perform in the wake of the global financial crisis. TCW successfully argued the financial crisis caused the loss, not TCW\u0026rsquo;s management.\u003c/p\u003e","\u003cp\u003eObtained affirmance by the New Jersey Appellate Division of a dismissal from the bench after oral argument of a complaint against \u003cstrong\u003eMerck\u003c/strong\u003e challenging its tax disclosures.\u003c/p\u003e","\u003cp\u003eDefended \u003cstrong\u003eCorvex Management\u003c/strong\u003e and \u003cstrong\u003eThe Related Companies\u003c/strong\u003e in a two-week arbitration (the result of which was publicly disclosed) that resulted in invalidating all material anti-shareholder defenses of CommonWealth REIT, whose Trustees Corvex/Related ultimately removed in a consent solicitation.\u0026nbsp; Many major media outlets described the outcome as a \u0026ldquo;major victory\u0026rdquo; for Corvex/Related.\u003c/p\u003e","\u003cp\u003eObtained the voluntary dismissal of a putative class action on behalf of \u003cstrong\u003eGoldman Sachs, Citigroup, Merrill Lynch, Morgan Stanley, UBS and BNY Mellon Capital Markets\u003c/strong\u003e \u0026ndash; after three years of litigation \u0026ndash; arising from BNYM\u0026rsquo;s foreign exchange business, alleging violation of the federal securities laws in connection with underwriting $2 billion of securities for BNYM.\u003c/p\u003e","\u003cp\u003eDefended \u003cstrong\u003eGoldman Sachs, Citigroup, Bank of America, Merrill Lynch, J.P. Morgan, Deutsche Bank and Royal Bank of Scotland\u003c/strong\u003e in a putative class action alleging violation of the federal securities laws in connection with underwriting $900 million of notes for MF Global Holdings.\u003c/p\u003e","\u003cp\u003eResolved favorably for \u003cstrong\u003eMoody\u0026rsquo;s\u003c/strong\u003e the two most significant cases it had faced concerning ratings of structured investment vehicles.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eObtained summary judgment for \u003cstrong\u003eCitigroup\u003c/strong\u003e in connection with a securities fraud claim for $13.2 billion brought by Parmalat investors after Parmalat\u0026rsquo;s collapse.\u003c/p\u003e","\u003cp\u003eLed the team that achieved five significant victories for \u003cstrong\u003eAllianceBernstein\u003c/strong\u003e in securities litigation arising out of the Enron collapse, including a seven-week state court jury trial in which Alliance defeated the Florida state pension fund\u0026rsquo;s attempt to recover $3.2 billion in losses the fund sustained in Enron and other stocks, and AllianceBernstein won its damages counterclaim and costs.\u0026nbsp;\u0026nbsp;\u003cem\u003eThe National Law Journal\u003c/em\u003e\u0026nbsp;selected the trial victory as one of its \u0026ldquo;Top 10 Defense Verdicts of 2006.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eAllianceBernstein\u003c/strong\u003e in the\u0026nbsp;\u003cem\u003eNewby\u003c/em\u003e\u0026nbsp;securities class action in Houston, in which Enron shareholders and bondholders sought over $1 billion in damages against the company. Obtained summary judgment for AllianceBernstein and costs against plaintiffs\u0026rsquo; counsel, a victory written about twice by the\u0026nbsp;\u003cem\u003eWall Street Journal\u003c/em\u003e\u0026nbsp;in editorials.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9950}]},"capability_group_id":3},"created_at":"2026-01-23T22:00:07.000Z","updated_at":"2026-01-23T22:00:07.000Z","searchable_text":"Kirsch{{ FIELD }}Represent Rio Tinto, the world’s second largest mining company, in an SEC suit alleging violations of Section 10(b), 17(a), internal controls requirements and books and records requirements, concerning the timing of a more than $3 billion impairment taken in connection with a mining project in Mozambique. Prior to trial the SEC dropped the 10(b), 17(a) and all scienter-based charges, settling for non-scienter books and records violations, a historic outcome for Rio Tinto.{{ FIELD }}Represented Rio Tinto in defeating a Section 10(b) class action based on the same conduct as in the SEC case. The Second Circuit affirmed the dismissal by the District Court.{{ FIELD }}Represented Vale S.A. in massive class actions relating to the collapse of the Fundao dam in Brazil. Defeated class certification in one class action, effectively ending it, and obtained dismissal of a second that was affirmed by the Second Circuit.{{ FIELD }}Represented Vale S.A. in another massive class action resulting from the collapse of the Brumadinho dam in Brazil. (Case still pending.){{ FIELD }}Successfully represented half the board of directors of AeroJet RocketDyne against the other half of the board in a proxy fight, including trial to verdict in Delaware Chancery.{{ FIELD }}Defending BlackRock in a major suit in Virgin Islands Superior Court by shareholders of two public companies alleging BlackRock fraudulently drove down the share price of the companies.{{ FIELD }}Defending FanDuel and its directors in an action in New York State court brought by common shareholders challenging distribution of $550 million in merger proceeds.{{ FIELD }}Defending a major global bank in a large arbitration brought by a corporate entity alleging breach of fiduciary duty and breach of contract in connection with the sale of a large energy asset.{{ FIELD }}Defending Fareva S.A., a large European manufacturer, in a breach of contract suit brought by LG and Avon the Southern District of New York.{{ FIELD }}Gerald Metals, the largest privately owned metals trading firm in the world, in litigation in Connecticut Superior Court brought by former senior executives and shareholders alleging breach of fiduciary duty and breach of contract in connection with shareholding and other agreements.{{ FIELD }}Defended UBS in class actions alleging that primary dealers of the New York Federal Reserve Bank price-fixed the auction market for U.S. Treasury securities.{{ FIELD }}Defended UBS in multiple LIBOR-related actions alleging price fixing, including cases where class certification was denied in connection with three separate putative classes.{{ FIELD }}Won a complete trial verdict for global investment adviser Investcorp in a case brought by hedge fund Kortright Partners for $250 million for negligent misrepresentation.{{ FIELD }}Won a significant trial verdict for a Susquehanna fund and two senior executives after a bench trial asserting fraud claims in the $115 million sale of Plimus to Great Hill.{{ FIELD }}Obtained complete dismissal of a shareholder class action for AmTrust Financial, a Fortune 500 insurer, alleging violations of Section 11 of the 1933 Act and Section 10(b) of the Exchange Act, despite the Company’s restatement of financials and a disclosed SEC investigation.{{ FIELD }}Served as the co-lead lawyer for Lynn Tilton, the “Diva of Distressed,” and defeated the SEC after a three-week trial in the SEC’s ALJ court, where the ALJ dismissed all fraud and negligence charges against Ms. Tilton.{{ FIELD }}Obtained a rare reversal of a denial of summary judgment from the New York Appellate Division, on behalf of Trust Company of the West, on grounds the plaintiff hedge fund failed to establish loss causation in a case where TCW was the collateral manager for a large portfolio of mortgage-backed securities that failed to perform in the wake of the global financial crisis. TCW successfully argued the financial crisis caused the loss, not TCW’s management.{{ FIELD }}Obtained affirmance by the New Jersey Appellate Division of a dismissal from the bench after oral argument of a complaint against Merck challenging its tax disclosures.{{ FIELD }}Defended Corvex Management and The Related Companies in a two-week arbitration (the result of which was publicly disclosed) that resulted in invalidating all material anti-shareholder defenses of CommonWealth REIT, whose Trustees Corvex/Related ultimately removed in a consent solicitation.  Many major media outlets described the outcome as a “major victory” for Corvex/Related.{{ FIELD }}Obtained the voluntary dismissal of a putative class action on behalf of Goldman Sachs, Citigroup, Merrill Lynch, Morgan Stanley, UBS and BNY Mellon Capital Markets – after three years of litigation – arising from BNYM’s foreign exchange business, alleging violation of the federal securities laws in connection with underwriting $2 billion of securities for BNYM.{{ FIELD }}Defended Goldman Sachs, Citigroup, Bank of America, Merrill Lynch, J.P. Morgan, Deutsche Bank and Royal Bank of Scotland in a putative class action alleging violation of the federal securities laws in connection with underwriting $900 million of notes for MF Global Holdings.{{ FIELD }}Resolved favorably for Moody’s the two most significant cases it had faced concerning ratings of structured investment vehicles. {{ FIELD }}Obtained summary judgment for Citigroup in connection with a securities fraud claim for $13.2 billion brought by Parmalat investors after Parmalat’s collapse.{{ FIELD }}Led the team that achieved five significant victories for AllianceBernstein in securities litigation arising out of the Enron collapse, including a seven-week state court jury trial in which Alliance defeated the Florida state pension fund’s attempt to recover $3.2 billion in losses the fund sustained in Enron and other stocks, and AllianceBernstein won its damages counterclaim and costs.  The National Law Journal selected the trial victory as one of its “Top 10 Defense Verdicts of 2006.”{{ FIELD }}Represented AllianceBernstein in the Newby securities class action in Houston, in which Enron shareholders and bondholders sought over $1 billion in damages against the company. Obtained summary judgment for AllianceBernstein and costs against plaintiffs’ counsel, a victory written about twice by the Wall Street Journal in editorials.{{ FIELD }}Mark Kirsch is a partner in King \u0026amp; Spalding’s New York office. He is an experienced trial lawyer whose practice focuses on complex securities, white collar, commercial and antitrust litigation. He is routinely named one of the leading litigators in the United States. \nMark is ranked for Securities Litigation nationwide and in New York by Chambers USA: America’s Leading Lawyers for Business.  The 2022 edition of Chambers USA states that clients say he is “a very strategic thinker with a great demeanor in litigation, as well as providing good client service,” and that “he has incredible judgment, is very good on his feet and always prepared.”  The 2021 edition shares that clients believe he is “an amazingly quick study, and great at strategic decision-making.”  The 2020 edition notes that clients say Mark is “a brilliant lawyer and a great strategist, with excellent client service” and that “his way of handling cases and his ability to combine legal knowledge with the business risks is absolutely excellent.”  A client also comments that he has “fantastic cross-examination skills.”  Prior recent editions of Chambers USA refer to Mark as “one of the most extraordinary litigators I’ve seen,” “a very deep thinker who is always incredibly well prepared,” and who “does a fantastic job when arguing cases,” “is at the vanguard of the US securities litigation market and enjoys a stunning reputation,” is “a force to be reckoned with,” is “a great strategist who’s detail-oriented and fantastic on his feet,” is “very good at strategy and very responsive to client needs,” and who is “extremely pleasant to deal with.”  He is also recognized as a leading securities litigation attorney by The Legal 500 United States.  Mark is named as a leading commercial litigation attorney by The Best Lawyers in America®, and Benchmark Litigation’s Guide to America’s Leading Litigation Firms and Attorneys recognized him as a “Litigation Star.”  In both 2019 and 2016, Law360 named Mark as one of five Securities Litigation MVPs nationwide.  In addition, he was named to City \u0026amp; State’s “50 Over 50” list of the most distinguished public servants in New York in 2020, a “Life Sciences Star” by LMG Life Sciences 2017, and selected by The Lawyer as one of its “Global Hot 100 Attorneys” in 2006.\nMark currently serves on the Board of Trustees of the American Friends of Hebrew University.\nFrom 1991 to 1995, he served as Assistant United States Attorney in the Eastern District of New York, focusing on complex financial crimes.  In 1994, U.S. Attorney General Janet Reno personally awarded Mr. Kirsch the Justice Department Director’s Award for Superior Achievement as an Assistant U.S. Attorney.\nMark was previously a partner at Gibson, Dunn \u0026amp; Crutcher where he served on the Executive Committee, as Co-Partner in Charge of the New York Office, and as Global Co-Chair of Gibson Dunn’s litigation practice. Prior to that, he was a partner at Clifford Chance where he served as Global Chair of the Litigation Practice and as a member of the Global Management Committee.\nMark received his Juris Doctor from Yale University Law School, where he was Articles Editor of the Yale Law \u0026amp; Policy Review, and his Bachelor of Arts degree with distinction from Cornell University.  He clerked for the Honorable John M. Walker, Jr. in New York. Partner Cornell University Cornell Law School Yale University Yale Law School U.S. Court of Appeals for the First Circuit U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Tax Court New York Board of Trustees of the American Friends of Hebrew University Judicial Clerk, Honorable John M. Waker, Jr., U.S. District Court for the Southern District of New York Represent Rio Tinto, the world’s second largest mining company, in an SEC suit alleging violations of Section 10(b), 17(a), internal controls requirements and books and records requirements, concerning the timing of a more than $3 billion impairment taken in connection with a mining project in Mozambique. Prior to trial the SEC dropped the 10(b), 17(a) and all scienter-based charges, settling for non-scienter books and records violations, a historic outcome for Rio Tinto. Represented Rio Tinto in defeating a Section 10(b) class action based on the same conduct as in the SEC case. The Second Circuit affirmed the dismissal by the District Court. Represented Vale S.A. in massive class actions relating to the collapse of the Fundao dam in Brazil. Defeated class certification in one class action, effectively ending it, and obtained dismissal of a second that was affirmed by the Second Circuit. Represented Vale S.A. in another massive class action resulting from the collapse of the Brumadinho dam in Brazil. (Case still pending.) Successfully represented half the board of directors of AeroJet RocketDyne against the other half of the board in a proxy fight, including trial to verdict in Delaware Chancery. Defending BlackRock in a major suit in Virgin Islands Superior Court by shareholders of two public companies alleging BlackRock fraudulently drove down the share price of the companies. Defending FanDuel and its directors in an action in New York State court brought by common shareholders challenging distribution of $550 million in merger proceeds. Defending a major global bank in a large arbitration brought by a corporate entity alleging breach of fiduciary duty and breach of contract in connection with the sale of a large energy asset. Defending Fareva S.A., a large European manufacturer, in a breach of contract suit brought by LG and Avon the Southern District of New York. Gerald Metals, the largest privately owned metals trading firm in the world, in litigation in Connecticut Superior Court brought by former senior executives and shareholders alleging breach of fiduciary duty and breach of contract in connection with shareholding and other agreements. Defended UBS in class actions alleging that primary dealers of the New York Federal Reserve Bank price-fixed the auction market for U.S. Treasury securities. Defended UBS in multiple LIBOR-related actions alleging price fixing, including cases where class certification was denied in connection with three separate putative classes. Won a complete trial verdict for global investment adviser Investcorp in a case brought by hedge fund Kortright Partners for $250 million for negligent misrepresentation. Won a significant trial verdict for a Susquehanna fund and two senior executives after a bench trial asserting fraud claims in the $115 million sale of Plimus to Great Hill. Obtained complete dismissal of a shareholder class action for AmTrust Financial, a Fortune 500 insurer, alleging violations of Section 11 of the 1933 Act and Section 10(b) of the Exchange Act, despite the Company’s restatement of financials and a disclosed SEC investigation. Served as the co-lead lawyer for Lynn Tilton, the “Diva of Distressed,” and defeated the SEC after a three-week trial in the SEC’s ALJ court, where the ALJ dismissed all fraud and negligence charges against Ms. Tilton. Obtained a rare reversal of a denial of summary judgment from the New York Appellate Division, on behalf of Trust Company of the West, on grounds the plaintiff hedge fund failed to establish loss causation in a case where TCW was the collateral manager for a large portfolio of mortgage-backed securities that failed to perform in the wake of the global financial crisis. TCW successfully argued the financial crisis caused the loss, not TCW’s management. Obtained affirmance by the New Jersey Appellate Division of a dismissal from the bench after oral argument of a complaint against Merck challenging its tax disclosures. Defended Corvex Management and The Related Companies in a two-week arbitration (the result of which was publicly disclosed) that resulted in invalidating all material anti-shareholder defenses of CommonWealth REIT, whose Trustees Corvex/Related ultimately removed in a consent solicitation.  Many major media outlets described the outcome as a “major victory” for Corvex/Related. Obtained the voluntary dismissal of a putative class action on behalf of Goldman Sachs, Citigroup, Merrill Lynch, Morgan Stanley, UBS and BNY Mellon Capital Markets – after three years of litigation – arising from BNYM’s foreign exchange business, alleging violation of the federal securities laws in connection with underwriting $2 billion of securities for BNYM. Defended Goldman Sachs, Citigroup, Bank of America, Merrill Lynch, J.P. Morgan, Deutsche Bank and Royal Bank of Scotland in a putative class action alleging violation of the federal securities laws in connection with underwriting $900 million of notes for MF Global Holdings. Resolved favorably for Moody’s the two most significant cases it had faced concerning ratings of structured investment vehicles.  Obtained summary judgment for Citigroup in connection with a securities fraud claim for $13.2 billion brought by Parmalat investors after Parmalat’s collapse. Led the team that achieved five significant victories for AllianceBernstein in securities litigation arising out of the Enron collapse, including a seven-week state court jury trial in which Alliance defeated the Florida state pension fund’s attempt to recover $3.2 billion in losses the fund sustained in Enron and other stocks, and AllianceBernstein won its damages counterclaim and costs.  The National Law Journal selected the trial victory as one of its “Top 10 Defense Verdicts of 2006.” Represented AllianceBernstein in the Newby securities class action in Houston, in which Enron shareholders and bondholders sought over $1 billion in damages against the company. Obtained summary judgment for AllianceBernstein and costs against plaintiffs’ counsel, a victory written about twice by the Wall Street Journal in editorials.","searchable_name":"Mark A. Kirsch","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":441625,"version":1,"owner_type":"Person","owner_id":673,"payload":{"bio":"\u003cp\u003eAlec Koch is a co-leader of our Securities Enforcement and Regulation practice and a former Assistant Director with the Securities and Exchange Commission's Division of Enforcement.\u0026nbsp; He represents public companies, financial institutions, boards of directors, and individuals in securities enforcement and anti-corruption investigations before the SEC, DOJ, PCAOB, and other regulatory authorities.\u0026nbsp; Nationally ranked by \u003cem\u003eChambers USA\u003c/em\u003e, Alec is described as having \"broad market approval for his enforcement-side practice.\"\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;Alec also regularly conducts internal investigations on behalf of companies and board committees, often involving multiple jurisdictions,\u0026nbsp;and advises clients on regulatory compliance and corporate governance issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAt the SEC, Alec supervised investigations of all types, including matters involving public company accounting and disclosure; The Foreign Corrupt Practices Act; insider trading; regulated entities such as broker-dealers,\u0026nbsp;investment advisers,\u0026nbsp;and credit rating agencies; market manipulation; and securities offerings.\u0026nbsp; He served in multiple leadership roles, including as a member of the Division of Enforcement\u0026rsquo;s Broker-Dealer Task Force, as the co-chair of the Division's\u0026nbsp;Priorities and Resources Subcommittee, and as a liaison\u0026nbsp;between the Division of Enforcement and the SEC\u0026rsquo;s Office of Credit Ratings.\u003c/p\u003e\n\u003cp\u003eAlec\u0026nbsp;serves\u0026nbsp;on the board of directors of Legal Aid D.C.\u0026nbsp;and the Ethics Research Center, a\u0026nbsp;non-profit organization that works to assist public companies and other institutions with building strong ethics and compliance\u0026nbsp;programs.\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to working at the\u0026nbsp;SEC, Alec was an associate at King \u0026amp; Spalding from 1997-2002. He rejoined the firm in 2016.\u003c/p\u003e","slug":"alec-koch","email":"akoch@kslaw.com","phone":"+1 202 740 4863","matters":["\u003cp\u003eRepresenting a\u0026nbsp;\u003cstrong\u003eprovider and operator of compression infrastructure used in the production and transfer of oil and natural gas\u003c/strong\u003e\u0026nbsp;in an investigation related to payments potentially made to Mexican cartels designated as foreign terrorist organizations (FTOs).\u003c/p\u003e","\u003cp\u003eRepresenting the\u0026nbsp;\u003cstrong\u003eaudit committee of a global non-clinical global drug development company\u003c/strong\u003e\u0026nbsp;in an internal investigation related to potential FCPA and disclosure violations.\u003c/p\u003e","\u003cp\u003eRepresenting a\u0026nbsp;\u003cstrong\u003eBig Four accounting firm\u003c/strong\u003e\u0026nbsp;in investigations and securities litigation resulting from the sudden closure of several banks for which the firm acted as external auditor.\u003c/p\u003e","\u003cp\u003eRepresenting the\u0026nbsp;\u003cstrong\u003eCISO of a software development company\u003c/strong\u003e\u0026nbsp;in a first-of-its-kind SEC enforcement action relating to the company's disclosures concerning cybersecurity.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eprovider of life and health insurance\u003c/strong\u003e\u0026nbsp;in SEC and DOJ investigations related to allegations made by short sellers regarding the company's financial performance and independent agents. The investigations were closed without enforcement action.\u003c/p\u003e","\u003cp\u003eServed as the Independent Compliance Consultant for a\u0026nbsp;\u003cstrong\u003eregistered clearing agency\u003c/strong\u003e\u0026nbsp;in connection with its SEC settlement relating to liquidity arrangements.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003emultinational healthcare company\u003c/strong\u003e\u0026nbsp;in connection with its continuing self-reporting obligations under an FCPA settlement with the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eglobal manufacturing company\u003c/strong\u003e\u0026nbsp;in an SEC investigation of potential FCPA violations in South America that was closed without enforcement action.\u003c/p\u003e","\u003cp\u003eRepresenting the Audit Committee of\u0026nbsp;\u003cstrong\u003ea space infrastructure development company\u003c/strong\u003e\u0026nbsp;in an independent investigation of accounting and employment allegations raised by a former employee.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eglobal manufacturing company\u003c/strong\u003e\u0026nbsp;in an SEC investigation concerning air emissions-related issues that was closed without enforcement action.\u003c/p\u003e","\u003cp\u003eRepresented an\u0026nbsp;\u003cstrong\u003einternational chemical company\u0026nbsp;\u003c/strong\u003ein a negotiated resolution of anti-corruption investigations conducted by U.S. and Dutch authorities.\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eaudit committee of a public biopharmaceutical company\u003c/strong\u003e\u0026nbsp;in an internal investigation and related government investigations into allegations of accounting fraud and whistleblower retaliation.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003epublic company provider of services to the healthcare industry\u003c/strong\u003e\u0026nbsp;in an SEC investigation of earnings-related disclosures that was resolved on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003epublic pharmaceutical company\u003c/strong\u003e\u0026nbsp;in an SEC investigation of potential selective disclosures and Reg FD violations that was resolved on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented the\u003cstrong\u003e\u0026nbsp;independent directors of a commercial flooring company\u003c/strong\u003e\u0026nbsp;in an SEC investigation of earnings-related disclosures.\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eindependent directors of a public company\u003c/strong\u003e\u0026nbsp;in connection with an SEC investigation of earnings-related disclosures.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ethe CEO of a healthcare logistics company\u003c/strong\u003e\u0026nbsp;in SEC and DOJ investigations of the company's disclosures concerning PPE transactions.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003epublic electrical utility\u003c/strong\u003e\u0026nbsp;in an SEC investigation of the utility\u0026rsquo;s historical bond offerings.\u003c/p\u003e","\u003cp\u003eRepresented\u003cstrong\u003e\u0026nbsp;one of the world\u0026rsquo;s largest banks\u003c/strong\u003e\u0026nbsp;in a DOJ investigation concerning the origination and sale of residential mortgage-backed securities during the years leading up to the financial crisis.\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eaudit committee of a public media analytics company\u003c/strong\u003e\u0026nbsp;in an internal investigation and related government investigations into more than 20 separate allegations of accounting fraud and whistleblower retaliation.\u003c/p\u003e","\u003cp\u003eDefended\u003cstrong\u003e\u0026nbsp;a major U.S. law firm and several of its partners and employees\u003c/strong\u003e\u0026nbsp;in an SEC investigation concerning the activities of the firm\u0026rsquo;s former client, an asset manager. The matter was closed without enforcement action.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":175}]},"expertise":[{"id":20,"guid":"20.capabilities","index":0,"source":"capabilities"},{"id":11,"guid":"11.capabilities","index":1,"source":"capabilities"},{"id":780,"guid":"780.smart_tags","index":2,"source":"smartTags"},{"id":1188,"guid":"1188.smart_tags","index":3,"source":"smartTags"},{"id":27,"guid":"27.capabilities","index":4,"source":"capabilities"},{"id":126,"guid":"126.capabilities","index":5,"source":"capabilities"},{"id":699,"guid":"699.smart_tags","index":6,"source":"smartTags"},{"id":18,"guid":"18.capabilities","index":7,"source":"capabilities"},{"id":111,"guid":"111.capabilities","index":8,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":9,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":10,"source":"capabilities"},{"id":127,"guid":"127.capabilities","index":11,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":12,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":13,"source":"capabilities"},{"id":1184,"guid":"1184.smart_tags","index":14,"source":"smartTags"},{"id":1241,"guid":"1241.smart_tags","index":15,"source":"smartTags"},{"id":1261,"guid":"1261.smart_tags","index":16,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":17,"source":"smartTags"}],"is_active":true,"last_name":"Koch","nick_name":"Alec","clerkships":[],"first_name":"Alec","title_rank":9999,"updated_by":202,"law_schools":[{"id":755,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"1997-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Top Ranked Lawyer, Securities: Regulation: Enforcement ","detail":"Chambers USA, Nationwide (2019-PRESENT)"},{"title":"Recognized for \"broad market approval for his enforcement-side practice\" and described as \"an extraordinary lawyer.\"","detail":"Chambers USA, Securities Regulation: Enforcement - USA - Nationwide"}],"linked_in_url":"https://www.linkedin.com/in/alec-koch-75a5412b/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAlec Koch is a co-leader of our Securities Enforcement and Regulation practice and a former Assistant Director with the Securities and Exchange Commission's Division of Enforcement.\u0026nbsp; He represents public companies, financial institutions, boards of directors, and individuals in securities enforcement and anti-corruption investigations before the SEC, DOJ, PCAOB, and other regulatory authorities.\u0026nbsp; Nationally ranked by \u003cem\u003eChambers USA\u003c/em\u003e, Alec is described as having \"broad market approval for his enforcement-side practice.\"\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;Alec also regularly conducts internal investigations on behalf of companies and board committees, often involving multiple jurisdictions,\u0026nbsp;and advises clients on regulatory compliance and corporate governance issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAt the SEC, Alec supervised investigations of all types, including matters involving public company accounting and disclosure; The Foreign Corrupt Practices Act; insider trading; regulated entities such as broker-dealers,\u0026nbsp;investment advisers,\u0026nbsp;and credit rating agencies; market manipulation; and securities offerings.\u0026nbsp; He served in multiple leadership roles, including as a member of the Division of Enforcement\u0026rsquo;s Broker-Dealer Task Force, as the co-chair of the Division's\u0026nbsp;Priorities and Resources Subcommittee, and as a liaison\u0026nbsp;between the Division of Enforcement and the SEC\u0026rsquo;s Office of Credit Ratings.\u003c/p\u003e\n\u003cp\u003eAlec\u0026nbsp;serves\u0026nbsp;on the board of directors of Legal Aid D.C.\u0026nbsp;and the Ethics Research Center, a\u0026nbsp;non-profit organization that works to assist public companies and other institutions with building strong ethics and compliance\u0026nbsp;programs.\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to working at the\u0026nbsp;SEC, Alec was an associate at King \u0026amp; Spalding from 1997-2002. He rejoined the firm in 2016.\u003c/p\u003e","matters":["\u003cp\u003eRepresenting a\u0026nbsp;\u003cstrong\u003eprovider and operator of compression infrastructure used in the production and transfer of oil and natural gas\u003c/strong\u003e\u0026nbsp;in an investigation related to payments potentially made to Mexican cartels designated as foreign terrorist organizations (FTOs).\u003c/p\u003e","\u003cp\u003eRepresenting the\u0026nbsp;\u003cstrong\u003eaudit committee of a global non-clinical global drug development company\u003c/strong\u003e\u0026nbsp;in an internal investigation related to potential FCPA and disclosure violations.\u003c/p\u003e","\u003cp\u003eRepresenting a\u0026nbsp;\u003cstrong\u003eBig Four accounting firm\u003c/strong\u003e\u0026nbsp;in investigations and securities litigation resulting from the sudden closure of several banks for which the firm acted as external auditor.\u003c/p\u003e","\u003cp\u003eRepresenting the\u0026nbsp;\u003cstrong\u003eCISO of a software development company\u003c/strong\u003e\u0026nbsp;in a first-of-its-kind SEC enforcement action relating to the company's disclosures concerning cybersecurity.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eprovider of life and health insurance\u003c/strong\u003e\u0026nbsp;in SEC and DOJ investigations related to allegations made by short sellers regarding the company's financial performance and independent agents. The investigations were closed without enforcement action.\u003c/p\u003e","\u003cp\u003eServed as the Independent Compliance Consultant for a\u0026nbsp;\u003cstrong\u003eregistered clearing agency\u003c/strong\u003e\u0026nbsp;in connection with its SEC settlement relating to liquidity arrangements.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003emultinational healthcare company\u003c/strong\u003e\u0026nbsp;in connection with its continuing self-reporting obligations under an FCPA settlement with the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eglobal manufacturing company\u003c/strong\u003e\u0026nbsp;in an SEC investigation of potential FCPA violations in South America that was closed without enforcement action.\u003c/p\u003e","\u003cp\u003eRepresenting the Audit Committee of\u0026nbsp;\u003cstrong\u003ea space infrastructure development company\u003c/strong\u003e\u0026nbsp;in an independent investigation of accounting and employment allegations raised by a former employee.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003eglobal manufacturing company\u003c/strong\u003e\u0026nbsp;in an SEC investigation concerning air emissions-related issues that was closed without enforcement action.\u003c/p\u003e","\u003cp\u003eRepresented an\u0026nbsp;\u003cstrong\u003einternational chemical company\u0026nbsp;\u003c/strong\u003ein a negotiated resolution of anti-corruption investigations conducted by U.S. and Dutch authorities.\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eaudit committee of a public biopharmaceutical company\u003c/strong\u003e\u0026nbsp;in an internal investigation and related government investigations into allegations of accounting fraud and whistleblower retaliation.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003epublic company provider of services to the healthcare industry\u003c/strong\u003e\u0026nbsp;in an SEC investigation of earnings-related disclosures that was resolved on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003epublic pharmaceutical company\u003c/strong\u003e\u0026nbsp;in an SEC investigation of potential selective disclosures and Reg FD violations that was resolved on favorable terms.\u003c/p\u003e","\u003cp\u003eRepresented the\u003cstrong\u003e\u0026nbsp;independent directors of a commercial flooring company\u003c/strong\u003e\u0026nbsp;in an SEC investigation of earnings-related disclosures.\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eindependent directors of a public company\u003c/strong\u003e\u0026nbsp;in connection with an SEC investigation of earnings-related disclosures.\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003ethe CEO of a healthcare logistics company\u003c/strong\u003e\u0026nbsp;in SEC and DOJ investigations of the company's disclosures concerning PPE transactions.\u003c/p\u003e","\u003cp\u003eRepresented a\u0026nbsp;\u003cstrong\u003epublic electrical utility\u003c/strong\u003e\u0026nbsp;in an SEC investigation of the utility\u0026rsquo;s historical bond offerings.\u003c/p\u003e","\u003cp\u003eRepresented\u003cstrong\u003e\u0026nbsp;one of the world\u0026rsquo;s largest banks\u003c/strong\u003e\u0026nbsp;in a DOJ investigation concerning the origination and sale of residential mortgage-backed securities during the years leading up to the financial crisis.\u003c/p\u003e","\u003cp\u003eRepresented the\u0026nbsp;\u003cstrong\u003eaudit committee of a public media analytics company\u003c/strong\u003e\u0026nbsp;in an internal investigation and related government investigations into more than 20 separate allegations of accounting fraud and whistleblower retaliation.\u003c/p\u003e","\u003cp\u003eDefended\u003cstrong\u003e\u0026nbsp;a major U.S. law firm and several of its partners and employees\u003c/strong\u003e\u0026nbsp;in an SEC investigation concerning the activities of the firm\u0026rsquo;s former client, an asset manager. The matter was closed without enforcement action.\u003c/p\u003e"],"recognitions":[{"title":"Top Ranked Lawyer, Securities: Regulation: Enforcement ","detail":"Chambers USA, Nationwide (2019-PRESENT)"},{"title":"Recognized for \"broad market approval for his enforcement-side practice\" and described as \"an extraordinary lawyer.\"","detail":"Chambers USA, Securities Regulation: Enforcement - USA - Nationwide"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9976}]},"capability_group_id":2},"created_at":"2025-10-21T18:47:33.000Z","updated_at":"2025-10-21T18:47:33.000Z","searchable_text":"Koch{{ FIELD }}{:title=\u0026gt;\"Top Ranked Lawyer, Securities: Regulation: Enforcement \", :detail=\u0026gt;\"Chambers USA, Nationwide (2019-PRESENT)\"}{{ FIELD }}{:title=\u0026gt;\"Recognized for \\\"broad market approval for his enforcement-side practice\\\" and described as \\\"an extraordinary lawyer.\\\"\", :detail=\u0026gt;\"Chambers USA, Securities Regulation: Enforcement - USA - Nationwide\"}{{ FIELD }}Representing a provider and operator of compression infrastructure used in the production and transfer of oil and natural gas in an investigation related to payments potentially made to Mexican cartels designated as foreign terrorist organizations (FTOs).{{ FIELD }}Representing the audit committee of a global non-clinical global drug development company in an internal investigation related to potential FCPA and disclosure violations.{{ FIELD }}Representing a Big Four accounting firm in investigations and securities litigation resulting from the sudden closure of several banks for which the firm acted as external auditor.{{ FIELD }}Representing the CISO of a software development company in a first-of-its-kind SEC enforcement action relating to the company's disclosures concerning cybersecurity.{{ FIELD }}Represented a provider of life and health insurance in SEC and DOJ investigations related to allegations made by short sellers regarding the company's financial performance and independent agents. The investigations were closed without enforcement action.{{ FIELD }}Served as the Independent Compliance Consultant for a registered clearing agency in connection with its SEC settlement relating to liquidity arrangements.{{ FIELD }}Represented a multinational healthcare company in connection with its continuing self-reporting obligations under an FCPA settlement with the DOJ and SEC.{{ FIELD }}Represented a global manufacturing company in an SEC investigation of potential FCPA violations in South America that was closed without enforcement action.{{ FIELD }}Representing the Audit Committee of a space infrastructure development company in an independent investigation of accounting and employment allegations raised by a former employee.{{ FIELD }}Represented a global manufacturing company in an SEC investigation concerning air emissions-related issues that was closed without enforcement action.{{ FIELD }}Represented an international chemical company in a negotiated resolution of anti-corruption investigations conducted by U.S. and Dutch authorities.{{ FIELD }}Represented the audit committee of a public biopharmaceutical company in an internal investigation and related government investigations into allegations of accounting fraud and whistleblower retaliation.{{ FIELD }}Represented a public company provider of services to the healthcare industry in an SEC investigation of earnings-related disclosures that was resolved on favorable terms.{{ FIELD }}Represented a public pharmaceutical company in an SEC investigation of potential selective disclosures and Reg FD violations that was resolved on favorable terms.{{ FIELD }}Represented the independent directors of a commercial flooring company in an SEC investigation of earnings-related disclosures.{{ FIELD }}Represented the independent directors of a public company in connection with an SEC investigation of earnings-related disclosures.{{ FIELD }}Represented the CEO of a healthcare logistics company in SEC and DOJ investigations of the company's disclosures concerning PPE transactions.{{ FIELD }}Represented a public electrical utility in an SEC investigation of the utility’s historical bond offerings.{{ FIELD }}Represented one of the world’s largest banks in a DOJ investigation concerning the origination and sale of residential mortgage-backed securities during the years leading up to the financial crisis.{{ FIELD }}Represented the audit committee of a public media analytics company in an internal investigation and related government investigations into more than 20 separate allegations of accounting fraud and whistleblower retaliation.{{ FIELD }}Defended a major U.S. law firm and several of its partners and employees in an SEC investigation concerning the activities of the firm’s former client, an asset manager. The matter was closed without enforcement action.{{ FIELD }}Alec Koch is a co-leader of our Securities Enforcement and Regulation practice and a former Assistant Director with the Securities and Exchange Commission's Division of Enforcement.  He represents public companies, financial institutions, boards of directors, and individuals in securities enforcement and anti-corruption investigations before the SEC, DOJ, PCAOB, and other regulatory authorities.  Nationally ranked by Chambers USA, Alec is described as having \"broad market approval for his enforcement-side practice.\"\n Alec also regularly conducts internal investigations on behalf of companies and board committees, often involving multiple jurisdictions, and advises clients on regulatory compliance and corporate governance issues. \nAt the SEC, Alec supervised investigations of all types, including matters involving public company accounting and disclosure; The Foreign Corrupt Practices Act; insider trading; regulated entities such as broker-dealers, investment advisers, and credit rating agencies; market manipulation; and securities offerings.  He served in multiple leadership roles, including as a member of the Division of Enforcement’s Broker-Dealer Task Force, as the co-chair of the Division's Priorities and Resources Subcommittee, and as a liaison between the Division of Enforcement and the SEC’s Office of Credit Ratings.\nAlec serves on the board of directors of Legal Aid D.C. and the Ethics Research Center, a non-profit organization that works to assist public companies and other institutions with building strong ethics and compliance programs.  \nPrior to working at the SEC, Alec was an associate at King \u0026amp; Spalding from 1997-2002. He rejoined the firm in 2016. M Alexander Koch Partner Top Ranked Lawyer, Securities: Regulation: Enforcement  Chambers USA, Nationwide (2019-PRESENT) Recognized for \"broad market approval for his enforcement-side practice\" and described as \"an extraordinary lawyer.\" Chambers USA, Securities Regulation: Enforcement - USA - Nationwide University of Virginia University of Virginia School of Law Georgetown University Georgetown University Law Center District of Columbia Representing a provider and operator of compression infrastructure used in the production and transfer of oil and natural gas in an investigation related to payments potentially made to Mexican cartels designated as foreign terrorist organizations (FTOs). Representing the audit committee of a global non-clinical global drug development company in an internal investigation related to potential FCPA and disclosure violations. Representing a Big Four accounting firm in investigations and securities litigation resulting from the sudden closure of several banks for which the firm acted as external auditor. Representing the CISO of a software development company in a first-of-its-kind SEC enforcement action relating to the company's disclosures concerning cybersecurity. Represented a provider of life and health insurance in SEC and DOJ investigations related to allegations made by short sellers regarding the company's financial performance and independent agents. The investigations were closed without enforcement action. Served as the Independent Compliance Consultant for a registered clearing agency in connection with its SEC settlement relating to liquidity arrangements. Represented a multinational healthcare company in connection with its continuing self-reporting obligations under an FCPA settlement with the DOJ and SEC. Represented a global manufacturing company in an SEC investigation of potential FCPA violations in South America that was closed without enforcement action. Representing the Audit Committee of a space infrastructure development company in an independent investigation of accounting and employment allegations raised by a former employee. Represented a global manufacturing company in an SEC investigation concerning air emissions-related issues that was closed without enforcement action. Represented an international chemical company in a negotiated resolution of anti-corruption investigations conducted by U.S. and Dutch authorities. Represented the audit committee of a public biopharmaceutical company in an internal investigation and related government investigations into allegations of accounting fraud and whistleblower retaliation. Represented a public company provider of services to the healthcare industry in an SEC investigation of earnings-related disclosures that was resolved on favorable terms. Represented a public pharmaceutical company in an SEC investigation of potential selective disclosures and Reg FD violations that was resolved on favorable terms. Represented the independent directors of a commercial flooring company in an SEC investigation of earnings-related disclosures. Represented the independent directors of a public company in connection with an SEC investigation of earnings-related disclosures. Represented the CEO of a healthcare logistics company in SEC and DOJ investigations of the company's disclosures concerning PPE transactions. Represented a public electrical utility in an SEC investigation of the utility’s historical bond offerings. Represented one of the world’s largest banks in a DOJ investigation concerning the origination and sale of residential mortgage-backed securities during the years leading up to the financial crisis. Represented the audit committee of a public media analytics company in an internal investigation and related government investigations into more than 20 separate allegations of accounting fraud and whistleblower retaliation. Defended a major U.S. law firm and several of its partners and employees in an SEC investigation concerning the activities of the firm’s former client, an asset manager. The matter was closed without enforcement action.","searchable_name":"Alec Koch","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":443942,"version":1,"owner_type":"Person","owner_id":6678,"payload":{"bio":"\u003cp\u003eDavid H. Kupfer is a trial lawyer with extensive experience litigating complex commercial disputes and representing plaintiffs and defendants in civil and criminal matters and regulatory investigations. David has represented real estate and hospitality developers, lenders, and operators, financial institutions, life sciences, and technology firms, and venture and private equity funds in bankruptcy, state and federal courts, as well as in arbitration. He has also represented creditors in complex restructuring proceedings including the restructurings of Mallinckrodt Pharmaceuticals, JCPenney, and Claire\u0026rsquo;s.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid devotes significant time to pro bono work, and regularly represents low-income clients in fair housing and felony criminal matters.\u003c/p\u003e\n\u003cp\u003eDavid clerked for the Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York.\u003c/p\u003e","slug":"david-kupfer","email":"dkupfer@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresenting Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others \u0026ldquo;determined to interfere with the successful management of the historic Bath Club on Miami Beach.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eRepresented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross \u0026amp; Co. involving breach of contract and breach of fiduciary duties related to WL Ross\u0026rsquo;s flagship private equity funds.\u003c/p\u003e","\u003cp\u003eRepresented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud.\u003c/p\u003e","\u003cp\u003eRepresented JPMorgan Chase in numerous actions in state and federal court related to mortgage-backed securities.\u003c/p\u003e","\u003cp\u003eRepresented Moody\u0026rsquo;s in a Department of Justice investigation.\u003c/p\u003e","\u003cp\u003eRepresented Fidelity National Financial\u0026rsquo;s Black Knight Unit in a securities opt-out action brought by Maverick Funds.\u003c/p\u003e","\u003cp\u003eRepresented Newlink Genetics in a 10b-5 class action related to a failed drug trial.\u003c/p\u003e","\u003cp\u003eRepresented ChromaDex in multiple actions in federal court against Elysium Health, related to false advertising, trade libel, and deceptive practices.\u003c/p\u003e","\u003cp\u003eRepresented Olo in a contract dispute with DoorDash.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Talc Creditors II in bankruptcy proceedings of LTL Management related to mass torts by Johnson \u0026amp; Johnson.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of pharmaceutical giant Mallinckrodt.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of JCPenney.\u003c/p\u003e","\u003cp\u003eRepresented liquidating trustee in fiduciary duty action against founders of Fuhu.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Videology.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Claire\u0026rsquo;s.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":38,"guid":"38.capabilities","index":1,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":2,"source":"capabilities"},{"id":19,"guid":"19.capabilities","index":3,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":4,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":5,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":6,"source":"capabilities"},{"id":36,"guid":"36.capabilities","index":7,"source":"capabilities"},{"id":1064,"guid":"1064.smart_tags","index":8,"source":"smartTags"}],"is_active":true,"last_name":"Kupfer","nick_name":"David","clerkships":[{"name":"Law Clerk, Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York","years_held":"2011 - 2012"}],"first_name":"David","title_rank":9999,"updated_by":35,"law_schools":[{"id":722,"meta":{"degree":"J.D.","honors":"summa cum laude, Order of the Coif","is_law_school":"1","graduation_date":"2011-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Named a Rising Star","detail":"Super Lawyers, 2020-2023"}],"linked_in_url":"https://www.linkedin.com/in/david-kupfer-08710134/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDavid H. Kupfer is a trial lawyer with extensive experience litigating complex commercial disputes and representing plaintiffs and defendants in civil and criminal matters and regulatory investigations. David has represented real estate and hospitality developers, lenders, and operators, financial institutions, life sciences, and technology firms, and venture and private equity funds in bankruptcy, state and federal courts, as well as in arbitration. He has also represented creditors in complex restructuring proceedings including the restructurings of Mallinckrodt Pharmaceuticals, JCPenney, and Claire\u0026rsquo;s.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDavid devotes significant time to pro bono work, and regularly represents low-income clients in fair housing and felony criminal matters.\u003c/p\u003e\n\u003cp\u003eDavid clerked for the Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York.\u003c/p\u003e","matters":["\u003cp\u003eRepresenting Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others \u0026ldquo;determined to interfere with the successful management of the historic Bath Club on Miami Beach.\u0026rdquo;\u003c/p\u003e","\u003cp\u003eRepresented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross \u0026amp; Co. involving breach of contract and breach of fiduciary duties related to WL Ross\u0026rsquo;s flagship private equity funds.\u003c/p\u003e","\u003cp\u003eRepresented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud.\u003c/p\u003e","\u003cp\u003eRepresented JPMorgan Chase in numerous actions in state and federal court related to mortgage-backed securities.\u003c/p\u003e","\u003cp\u003eRepresented Moody\u0026rsquo;s in a Department of Justice investigation.\u003c/p\u003e","\u003cp\u003eRepresented Fidelity National Financial\u0026rsquo;s Black Knight Unit in a securities opt-out action brought by Maverick Funds.\u003c/p\u003e","\u003cp\u003eRepresented Newlink Genetics in a 10b-5 class action related to a failed drug trial.\u003c/p\u003e","\u003cp\u003eRepresented ChromaDex in multiple actions in federal court against Elysium Health, related to false advertising, trade libel, and deceptive practices.\u003c/p\u003e","\u003cp\u003eRepresented Olo in a contract dispute with DoorDash.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Talc Creditors II in bankruptcy proceedings of LTL Management related to mass torts by Johnson \u0026amp; Johnson.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of pharmaceutical giant Mallinckrodt.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of JCPenney.\u003c/p\u003e","\u003cp\u003eRepresented liquidating trustee in fiduciary duty action against founders of Fuhu.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Videology.\u003c/p\u003e","\u003cp\u003eRepresented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Claire\u0026rsquo;s.\u003c/p\u003e"],"recognitions":[{"title":"Named a Rising Star","detail":"Super Lawyers, 2020-2023"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11629}]},"capability_group_id":3},"created_at":"2025-12-05T05:01:42.000Z","updated_at":"2025-12-05T05:01:42.000Z","searchable_text":"Kupfer{{ FIELD }}{:title=\u0026gt;\"Named a Rising Star\", :detail=\u0026gt;\"Super Lawyers, 2020-2023\"}{{ FIELD }}Representing Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others “determined to interfere with the successful management of the historic Bath Club on Miami Beach.”{{ FIELD }}Represented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross \u0026amp; Co. involving breach of contract and breach of fiduciary duties related to WL Ross’s flagship private equity funds.{{ FIELD }}Represented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud.{{ FIELD }}Represented JPMorgan Chase in numerous actions in state and federal court related to mortgage-backed securities.{{ FIELD }}Represented Moody’s in a Department of Justice investigation.{{ FIELD }}Represented Fidelity National Financial’s Black Knight Unit in a securities opt-out action brought by Maverick Funds.{{ FIELD }}Represented Newlink Genetics in a 10b-5 class action related to a failed drug trial.{{ FIELD }}Represented ChromaDex in multiple actions in federal court against Elysium Health, related to false advertising, trade libel, and deceptive practices.{{ FIELD }}Represented Olo in a contract dispute with DoorDash.{{ FIELD }}Represented the Official Committee of Talc Creditors II in bankruptcy proceedings of LTL Management related to mass torts by Johnson \u0026amp; Johnson.{{ FIELD }}Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of pharmaceutical giant Mallinckrodt.{{ FIELD }}Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of JCPenney.{{ FIELD }}Represented liquidating trustee in fiduciary duty action against founders of Fuhu.{{ FIELD }}Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Videology.{{ FIELD }}Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Claire’s.{{ FIELD }}David H. Kupfer is a trial lawyer with extensive experience litigating complex commercial disputes and representing plaintiffs and defendants in civil and criminal matters and regulatory investigations. David has represented real estate and hospitality developers, lenders, and operators, financial institutions, life sciences, and technology firms, and venture and private equity funds in bankruptcy, state and federal courts, as well as in arbitration. He has also represented creditors in complex restructuring proceedings including the restructurings of Mallinckrodt Pharmaceuticals, JCPenney, and Claire’s.\nDavid devotes significant time to pro bono work, and regularly represents low-income clients in fair housing and felony criminal matters.\nDavid clerked for the Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York. Partner Named a Rising Star Super Lawyers, 2020-2023 Touro College  Fordham University Fordham University School of Law Florida New Jersey New York New York City Bar Association UJA Young Leadership Committee Law Clerk, Honorable Henry B. Pitman, U.S. District Court for the Southern District of New York Representing Bath Club Entertainment and developer R. Donahue Peebles in actions against members of a neighboring condominium association and others “determined to interfere with the successful management of the historic Bath Club on Miami Beach.” Represented private-equity magnate David Storper in several actions against Wilbur Ross and WL Ross \u0026amp; Co. involving breach of contract and breach of fiduciary duties related to WL Ross’s flagship private equity funds. Represented AIB Group in an action against its prime broker, related to a five-year, $700 million foreign-exchange fraud. Represented JPMorgan Chase in numerous actions in state and federal court related to mortgage-backed securities. Represented Moody’s in a Department of Justice investigation. Represented Fidelity National Financial’s Black Knight Unit in a securities opt-out action brought by Maverick Funds. Represented Newlink Genetics in a 10b-5 class action related to a failed drug trial. Represented ChromaDex in multiple actions in federal court against Elysium Health, related to false advertising, trade libel, and deceptive practices. Represented Olo in a contract dispute with DoorDash. Represented the Official Committee of Talc Creditors II in bankruptcy proceedings of LTL Management related to mass torts by Johnson \u0026amp; Johnson. Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of pharmaceutical giant Mallinckrodt. Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of JCPenney. Represented liquidating trustee in fiduciary duty action against founders of Fuhu. Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Videology. Represented the Official Committee of Unsecured Creditors in bankruptcy proceeding of Claire’s.","searchable_name":"David Kupfer","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null}]}}