Skip to content

Securities, White Collar, and Government Enforcement

Thompson & Knight represents individuals and entities in securities examinations, investigations, and litigation, class actions, derivative claims, proxy contests, merger challenges, and civil and criminal government enforcement matters.

Overview

Thompson & Knight represents individuals and entities in securities examinations, investigations, and litigation, class actions, derivative claims, proxy contests, merger challenges, and civil and criminal government enforcement matters. In every matter, we leverage our collective decades of courtroom, boardroom, regulatory, and law enforcement experience and the insights and strategy that only comes from a team built around diverse experience and skill sets spanning front line and senior leadership service for the Department of Justice and the Securities and Exchange Commission, as well as in business and private practice.

Experience

  • Work with individuals management, audit committees, and boards to review and make findings
  • Handle all manner of complaints and allegations concerning accounting and disclosure issues; corporate governance; conflicts of interest; corporate transactions; civil, criminal, and regulatory violations; executive leadership; tone at the top; discrimination; retaliation; assault; and harassment
  • Advise individuals, companies, and boards on best practices and policies for ensuring healthy corporate culture and leadership ethics and, as warranted, investigating and addressing allegations of failures or breaches on such matters
  • Recently completed investigations on behalf of the audit committees of public companies listed on the NYSE, Nasdaq, and OTC
  • Presented investigative outcomes and fact findings to U.S. Securities and Exchange Commission, Department of Justice, and other agencies
  • Conducted internal investigation into accounting practices, tone at the top, workplace culture, and SEC reporting on behalf of audit committee of a publicly traded company.
  • Conducted internal investigation into attendance fraud by teachers and principals in statewide Texas charter school
  • Advise public and private company management, committees, and boards on litigation avoidance and risk mitigation in contemplated and past transactions
  • Advise on director fiduciary liability mitigation and avoidance
  • Advise on best practices for mitigating investigative and litigation risk in connection with enterprise compliance with applicable state and federal laws and regulations
  • Recently advised SEC registrant on disclosure considerations attendant to PPP lending and, separately, crafting appropriate disclosure on Form CRS

 

  • Assist and advise management and in-house counsel in preparing for and responding to examinations by, among others, SEC, DOJ, FINRA, and Self Regulatory Organizations, including responding to requests for data, interviews, and testimony, negotiating settlements, litigation, and appeals
  • Currently representing a public company CFO in an SEC accounting fraud investigation; representing lead scientist in SEC market manipulation investigation stemming from COVID-19; representing alleged tipper in SEC insider trading investigation; and representing public company audit committee in ongoing SEC disclosure investigation
  • Represent company in connection with federal FCA investigation
  • Represented individual company owners in connection with federal FCA investigation
  • Represented company in federal action alleging conspiracy, FCA, and fraud allegations in connection with alleged healthcare related fraud and alleged kickback schemes; case stayed
  • Representing an company employee in insider trading investigation brought by the SEC
  • Successfully defended former public company Chief Financial Officer in an SEC accounting and disclosure fraud investigation
  • Represent financial services company in connection with an SEC subpoena
  • Substantial experience handling, trying, and arbitrating cases throughout the U.S. involving claims against public and private companies, directors, officers, special committees, and trustees
  • Experience includes all aspects of securities and shareholder litigation, including stock drop claims under Section 10(b) of the Exchange Act and Section 17 of the Securities Act, and challenges to public company transactions
  • Recently obtained dismissal of class action claims against public company CFO
  • Obtained dismissal of all claims alleged against former Chief Financial Officer of a Nasdaq-listed company in shareholder class action
  • Serve as state and federal court-appointed receivers as counsel to fiduciaries—including monitors and trustees—to preserve and manage the assets of entities and individuals for the benefit of defrauded or otherwise harmed investors and victims
  • Representative matters include receiverships of Stanford Financial Group, Millennium Bank, and Bryant United Capital Funding
  • Represented federal receivers in national priority SEC enforcement actions alleging multi-million dollar Ponzi schemes and other fraudulent actions
  • Represent Receiver in SEC enforcement action against private energy company owner and operator
  • Represent individuals and entities in criminal investigations and prosecution including trials, witness interviews, attorney proffers, grand jury proceedings, plea negotiations, and litigation and appeals across the state and federal statutory landscape, including in parallel proceedings undertaken in coordination with other state and federal regulatory agencies
  • Appear and practice before the DOJ, U.S. Attorneys Offices in several states and states’ criminal authorities, SEC, FTC, CFTC, IRS, FBI, Postal Inspectors, and Self-Regulatory Organizations, including the NYSE and FINRA
  • Represent large public company in ongoing government investigations into accounting and disclosure practices
  • Defending a company in the oil and gas industry in a federal criminal investigation alleging illegal harboring of undocumented persons
  • Represented employees of a national bank in criminal fraud prosecution by the Department of Justice
  • Defended a former officer of a dietary-supplement distribution company in a criminal fraud and misbranding prosecution brought by the DOJ
  • Represented individual in connection with a grand jury subpoena related to a fraud investigation by the FBI and DOJ
  • Coffee & Conversation — an on-demand video series hosting subject matter expert guests on topics including SEC examination and enforcement, internal investigations, audit committee duties, director liability under Delaware law, and D&O insurance
  • Government enforcement topics, director liability avoidance under Delaware law, FCA investigation and litigation, and government investigations and enforcement actions alleging PPP fraud
  • Client alerts covering relevant current events and legal developments in the state and federal securities and government enforcement space