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Tex.): Antitrust matter involving medical devices.\u003c/p\u003e","\u003cp\u003eRepresentation of multi-national corporation in connection with a DOJ FCPA investigation of a Latin American subsidiary\u0026rsquo;s conduct.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":11,"guid":"11.capabilities","index":0,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":1,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":2,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":3,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":4,"source":"capabilities"},{"id":25,"guid":"25.capabilities","index":5,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":6,"source":"capabilities"},{"id":699,"guid":"699.smart_tags","index":7,"source":"smartTags"},{"id":780,"guid":"780.smart_tags","index":8,"source":"smartTags"},{"id":952,"guid":"952.smart_tags","index":9,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":10,"source":"smartTags"}],"is_active":true,"last_name":"Kamar","nick_name":"Barry","clerkships":[],"first_name":"Barry","title_rank":9999,"updated_by":202,"law_schools":[{"id":2055,"meta":{"degree":"J.D.","honors":"honors","is_law_school":"1","graduation_date":"2006-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"The Best Lawyers in America ","detail":"2024 "}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eBarry Kamar draws on his background as a federal prosecutor and investment banker to represent global companies in government investigations and complex commercial litigation. He focuses his practice on representing companies, boards and individuals on a wide range of criminal, regulatory and civil matters, including matters involving the U.S. Department of Justice, the U.S. Securities and Exchange Commission and other domestic and international regulatory agencies, as well as on civil matters involving high stakes business disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eA skilled trial lawyer, Barry is often called upon for his courtroom advocacy and business-minded approach. He served for over a decade at DOJ and the SEC where he held various senior positions including Chief of the Public Protection Unit at the U.S. Attorney\u0026rsquo;s Office for the District of New Jersey and Senior Counsel at the SEC\u0026rsquo;s New York office. In these roles, Barry oversaw significant public investigations and prosecutions involving financial fraud and federal securities law violations, spending much of his time conducting jury trials in federal court.\u003c/p\u003e\n\u003cp\u003ePrior to his government service, Barry was a litigator at Paul Weiss in New York, where he successfully defended financial services, pharmaceutical and media clients in multi-million dollar securities, antitrust and FCPA matters, as well as in commercial disputes involving cutting-edge legal issues.\u003c/p\u003e\n\u003cp\u003eBarry also is a former investment banker at Morgan Stanley \u0026amp; Co. and former economist at PricewaterhouseCoopers, where he advised energy, construction and technology clients on a\u0026nbsp;variety of strategic corporate transactions, including mergers, acquisitions, corporate financing and transfer pricing.\u003c/p\u003e\n\u003cp\u003eA native Arabic speaker, Barry lived for more than 17 years in the Middle East, including Cairo, Egypt, Muscat, Oman and Abu Dhabi, UAE. Barry also lived for several years in Mexico City, Mexico, and is proficient in Spanish.\u003c/p\u003e","matters":["\u003cp\u003eProject44, Inc. v. MyCarrier, LLC: represent SaaS freight logistics provider in commercial dispute\u003c/p\u003e","\u003cp\u003eSkillz Platform, Inc. v. Papaya Gaming, Ltd., No. 24-1646 (S.D.N.Y.): represent online gaming platform in Lanham Act false advertising matter against competitor\u003c/p\u003e","\u003cp\u003eAdvise multinational life sciences company in connection with internal investigation\u003c/p\u003e","\u003cp\u003eRepresent national financial services company in DOJ investigation\u003c/p\u003e","\u003cp\u003eRepresent multinational OEM in SEC FCPA matter\u003c/p\u003e","\u003cp\u003eRepresent multinational semiconductor manufacturer in DOJ and SEC inquiries regarding export controls\u003c/p\u003e","\u003cp\u003eIRA Financial Trust v. Gemini Trust, LLC, 22-cv-4672 (S.D.N.Y.): Bet-the-company litigation concerning data breach and theft of cryptocurrency.\u003c/p\u003e","\u003cp\u003eerinMedia, LLC v. Nielsen Media Research, Inc., 05-cv-1123 (M.D. Fla.): Antitrust matter involving television media ratings.\u003c/p\u003e","\u003cp\u003eRetractable Technologies, Inc. v. Becton Dickinson \u0026amp; Co., 01-cv-36 (E.D. Tex.): Antitrust matter involving medical devices.\u003c/p\u003e","\u003cp\u003eRepresentation of multi-national corporation in connection with a DOJ FCPA investigation of a Latin American subsidiary\u0026rsquo;s conduct.\u003c/p\u003e"],"recognitions":[{"title":"The Best Lawyers in America ","detail":"2024 "}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11683}]},"capability_group_id":2},"created_at":"2025-12-05T05:01:45.000Z","updated_at":"2025-12-05T05:01:45.000Z","searchable_text":"Kamar{{ FIELD }}{:title=\u0026gt;\"The Best Lawyers in America \", :detail=\u0026gt;\"2024 \"}{{ FIELD }}Project44, Inc. v. MyCarrier, LLC: represent SaaS freight logistics provider in commercial dispute{{ FIELD }}Skillz Platform, Inc. v. Papaya Gaming, Ltd., No. 24-1646 (S.D.N.Y.): represent online gaming platform in Lanham Act false advertising matter against competitor{{ FIELD }}Advise multinational life sciences company in connection with internal investigation{{ FIELD }}Represent national financial services company in DOJ investigation{{ FIELD }}Represent multinational OEM in SEC FCPA matter{{ FIELD }}Represent multinational semiconductor manufacturer in DOJ and SEC inquiries regarding export controls{{ FIELD }}IRA Financial Trust v. Gemini Trust, LLC, 22-cv-4672 (S.D.N.Y.): Bet-the-company litigation concerning data breach and theft of cryptocurrency.{{ FIELD }}erinMedia, LLC v. Nielsen Media Research, Inc., 05-cv-1123 (M.D. Fla.): Antitrust matter involving television media ratings.{{ FIELD }}Retractable Technologies, Inc. v. Becton Dickinson \u0026amp; Co., 01-cv-36 (E.D. Tex.): Antitrust matter involving medical devices.{{ FIELD }}Representation of multi-national corporation in connection with a DOJ FCPA investigation of a Latin American subsidiary’s conduct.{{ FIELD }}Barry Kamar draws on his background as a federal prosecutor and investment banker to represent global companies in government investigations and complex commercial litigation. He focuses his practice on representing companies, boards and individuals on a wide range of criminal, regulatory and civil matters, including matters involving the U.S. Department of Justice, the U.S. Securities and Exchange Commission and other domestic and international regulatory agencies, as well as on civil matters involving high stakes business disputes.\nA skilled trial lawyer, Barry is often called upon for his courtroom advocacy and business-minded approach. He served for over a decade at DOJ and the SEC where he held various senior positions including Chief of the Public Protection Unit at the U.S. Attorney’s Office for the District of New Jersey and Senior Counsel at the SEC’s New York office. In these roles, Barry oversaw significant public investigations and prosecutions involving financial fraud and federal securities law violations, spending much of his time conducting jury trials in federal court.\nPrior to his government service, Barry was a litigator at Paul Weiss in New York, where he successfully defended financial services, pharmaceutical and media clients in multi-million dollar securities, antitrust and FCPA matters, as well as in commercial disputes involving cutting-edge legal issues.\nBarry also is a former investment banker at Morgan Stanley \u0026amp; Co. and former economist at PricewaterhouseCoopers, where he advised energy, construction and technology clients on a variety of strategic corporate transactions, including mergers, acquisitions, corporate financing and transfer pricing.\nA native Arabic speaker, Barry lived for more than 17 years in the Middle East, including Cairo, Egypt, Muscat, Oman and Abu Dhabi, UAE. Barry also lived for several years in Mexico City, Mexico, and is proficient in Spanish. Partner The Best Lawyers in America  2024  University of Texas  The University of Texas at Austin The University of Texas School of Law U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York 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 Florida New York Federal Bar Association Vice-Chair, Federal Committee, Miami-Dade Bar Association Trial Lawyers, Criminal Law, and Business Law Sections, The Florida Bar Economic Club of Miami Project44, Inc. v. MyCarrier, LLC: represent SaaS freight logistics provider in commercial dispute Skillz Platform, Inc. v. Papaya Gaming, Ltd., No. 24-1646 (S.D.N.Y.): represent online gaming platform in Lanham Act false advertising matter against competitor Advise multinational life sciences company in connection with internal investigation Represent national financial services company in DOJ investigation Represent multinational OEM in SEC FCPA matter Represent multinational semiconductor manufacturer in DOJ and SEC inquiries regarding export controls IRA Financial Trust v. Gemini Trust, LLC, 22-cv-4672 (S.D.N.Y.): Bet-the-company litigation concerning data breach and theft of cryptocurrency. erinMedia, LLC v. Nielsen Media Research, Inc., 05-cv-1123 (M.D. Fla.): Antitrust matter involving television media ratings. Retractable Technologies, Inc. v. Becton Dickinson \u0026amp; Co., 01-cv-36 (E.D. Tex.): Antitrust matter involving medical devices. Representation of multi-national corporation in connection with a DOJ FCPA investigation of a Latin American subsidiary’s conduct.","searchable_name":"Barry Kamar","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":436447,"version":1,"owner_type":"Person","owner_id":5785,"payload":{"bio":"\u003cp\u003eLauren's practice focuses on securities enforcement, anti-corruption\u0026nbsp;investigations, internal investigations, compliance counseling,\u0026nbsp;white-collar criminal defense, and related civil litigation.\u0026nbsp;Lauren represents\u0026nbsp;clients\u0026nbsp;before the U.S. Securities and Exchange Commission and U.S. Department of Justice, as well as other domestic and international authorities.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eLauren graduated from the Georgetown University Law Center\u0026nbsp;and earned her M.A. and B.A. from the George Washington University. During law school, she was a Managing Editor for the\u0026nbsp;\u003cem\u003eAmerican Criminal Law Review\u003c/em\u003e,\u0026nbsp;a member of the Appellate Advocacy Division of Barristers' Council, and a student attorney for the International Women's Human Rights Clinic.\u003c/p\u003e\n\u003cp\u003eLauren has interned for the Division of Enforcement and Division of Examinations at the U.S. Securities and Exchange Commission, the Money Laundering and Asset Recovery Section at the U.S. Department of Justice, the U.S. Attorney's Office for the District of Maryland, the Honorable Timothy J. 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During law school, she was a Managing Editor for the American Criminal Law Review, a member of the Appellate Advocacy Division of Barristers' Council, and a student attorney for the International Women's Human Rights Clinic.\nLauren has interned for the Division of Enforcement and Division of Examinations at the U.S. Securities and Exchange Commission, the Money Laundering and Asset Recovery Section at the U.S. Department of Justice, the U.S. Attorney's Office for the District of Maryland, the Honorable Timothy J. Kelly, and the Office of General Counsel at the National Archives and Records Administration. Associate George Washington University  George Washington University  Georgetown University Georgetown University Law Center George Washington University  District of Columbia Women's White Collar Defense Association Intern, The Honorable Timothy J. Kelly, U.S. District Court for the District of Columbia","searchable_name":"Lauren O. 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