Proskauer

Recent Matters

• A leading broadband company in an SEC investigation of the company’s share repurchase program
• A non-traded business development company in an SEC investigation relating to the seed transaction to establish the fund
• A leading beverage company in an SEC investigation involving the company’s acquisition accounting, revenue recognition, stock-based compensation, internal controls, and related disclosures
• An internal investigation on behalf of a public company’s Audit Committee and SEC investigation related to accounting restatement and expense recognition issues
• A family office in connection with an SEC investigation into secondary trading in pre-IPO companies
• A public company in an SEC sweep investigation regarding the timeliness of certain of its Director’s security ownership reports under Section 16 of the Exchange Act
• A private fund manager focused on ESG investing in an SEC investigation arising out of an examination related to the allocation of a third-party service provider’s fees and expenses
• The CEO of a public company in an SEC investigation involving an accounting restatement and clawback of stock sale profits and equity-based compensation
• A global private equity firm in an SEC investigation arising out of an examination related to trading and MNPI policies and procedures
• An internal investigation on behalf of a public company’s Audit Committee related to whistleblower complaint concerning the accounting for barter transactions
• A private fund manager in an SEC sweep investigation related to certain administrator and custodian terminations
• The co-founder and Chairman of a NASDAQ listed company in a cross-border SEC insider trading investigation

Prior to joining Proskauer, Bob was involved in the following representative matters:

Investment Advisers

• A leading private equity investment firm in an SEC examination and investigation related to management fee calculations
• A middle market private equity firm in an SEC investigation involving disclosure issues and the firm’s policies and procedures related to advertising and marketing
• A venture capital firm in an SEC investigation arising out of an examination involving the valuation of fund assets and related management fee calculations
• An alternative fixed income manager in an SEC investigation arising out of an examination related the firm’s valuation calculation methodology for debt investments
• A private fund manager in an SEC investigation of a GP-led secondary transaction and related valuation and disclosure issues
• A global private equity firm in an SEC investigation related to the valuation of portfolio company investments in the energy sector
• A leading investment and advisory firm in an SEC investigation involving allegations of improper valuation practices and undisclosed conflicts of interest
• A private fund manager in an investigation arising out of an SEC examination related to disclosure practices and the use of collateralized loan obligations
• A leading global alternative asset manager in an SEC investigation related to trading issues and MNPI policies and procedures
• Multiple private equity fund managers in SEC investigations into accelerated monitoring fee and disclosure practices
• A private equity fund manager in SEC investigation into potential misallocation and excess charging of fees and expenses, conflicts of interest, custody rule violations, and breaches of fiduciary duty
• A hedge fund manager and its CEO in parallel insider trading investigations by the SEC and DOJ
• The Chief Operating Officer of a leading activist hedge fund in an SEC investigation and litigation related to alleged breaches of fiduciary duty and conflicts of interest
• Various private equity and venture capital firms in connection with SEC investigations into alleged violations of the pay-to-play rules

Financial Institutions/Executives

• A fintech company and provider of online marketplace loans in an SEC investigation of the company’s disclosures of government investigation and related litigation matters
• A leading investment company in parallel investigations by the SEC and DOJ related to expert network consultants and potential insider trading claims
• A former loan servicer in parallel investigations by the CFPB and SEC involving for-profit student loan program
• A fixed-income sales executive for a leading investment bank in an SEC investigation into the sales and marketing practices relating to asset-backed and synthetic collateralized debt obligations and associated credit default swaps
• The collateral manager in an SEC investigation into portfolio selection, disclosure and credit rating practices relating to asset-backed and collateralized debt obligations and associated credit default swaps
• An executive of a large mortgage lender in connection with an SEC investigation related to subprime financial reporting and disclosures issues

Public Companies/Executives

• The former CEO and CFO of a global medical device manufacturer in an SEC investigation involving the faultless clawback of bonuses and other incentive-based compensation 
• The CFO and Controller of a leading developer and manufacturer of sports equipment and apparel in an SEC investigation regarding revenue recognition issues
• A leading health care service provider in connection with an internal investigation on behalf of its Audit Committee and related SEC investigation related to accounting restatement and revenue recognition issues
• A leading E&P materials provider and its CEO in connection with an SEC investigation relating to product performance disclosures, asset impairments and internal controls
• BP PLC and related entities in connection with parallel SEC and DOJ criminal investigations arising from the Deepwater Horizon
• A Senior Tax Manager of a leading multinational oil services company in an SEC investigation related to a $900 million accounting restatement arising from improper intercompany tax accounting and internal control weaknesses
• Internal investigation in connection with proposed acquisition on behalf of global engineering products manufacturer related to accounting and revenue recognition issues
• A global chemical manufacturing company in connection with an SEC investigation regarding accounting for environmental liabilities and related disclosures

Various

• Several entities in SEC investigations involving initial coin offerings, cryptocurrencies and blockchain technology
• Internal investigation on behalf of a special committee of the Board in connection with potential obstruction of justice claims in a prior governmental investigation
• A school district in connection with the SEC's Municipalities Continuing Disclosure Cooperation initiative and related SEC investigation regarding alleged disclosure violations in connection with municipal bond offerings