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David K. Momborquette

919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2268
E:

David K. Momborquette is a partner in the New York office, where his practice focuses on complex commercial litigation and regulatory matters primarily for financial services industry clients, including hedge funds, funds of funds and private equity funds. David has substantial experience in both private securities litigation and securities regulatory matters, investigations by the Securities and Exchange Commission, the New York Stock Exchange, the Financial Industry Regulatory Authority and state attorneys general offices, investor disputes and class action litigation. David also provides day-to-day counseling for financial services companies on these issues.

David is a 1986 graduate of Boston University, College of Liberal Arts, and a 1990 graduate of Boston University School of Law, where he was note editor of the Boston University Law Review, a G. Joseph Tauro Scholar and an Edward F. Hennessey Scholar. David has written extensively on securities regulation and frequently lectures on compliance training and presents on regulatory compliance and enforcement issues.

Selected Representations

Representation of a major interdealer brokerage firm in various arbitrations and civil litigations arising out of a global corporate raid by a competitor.

Representation of several investment managers in connection with SEC investigation into possible Rule 105 violations.

Representation of investment adviser in connection with wind-up of funds and related U.S. and Cayman Island based litigation, as well as state and federal regulatory investigations arising therefrom.

Representation of investment manager in connection with SEC investigation into client’s trading and Delaware class action.

In Re Tribune Company Fraudulent Conveyance Litigation/Lyondell Fraudulent Conveyance Litigation
Represented a group of investment managers and related entities in fraudulent conveyance actions arising from leveraged buyout transactions.

Tomfohrde v. Havell Capital EMIF, L.P., et al./Becker v. Havell Capital EMIF, L.P., et al.
Represented investment manager and related entities in connection with investor suits arising from wind-up of investment fund.

CSX Corp. v. The Children's Investment Fund Management (UK) L.L.P., et al.
Counsel to investment fund in connection with civil action seeking to enjoin proxy solicitation.

Kinbergy v. Cornell Companies, Inc., et al.
Counsel to private equity fund in connection with shareholder action brought to enjoin a proposed merger.

Calyon v. Mizuho Securities USA, Inc., et al.
Counsel to securities firm in connection with civil action arising from hiring of CDO group.

In the Matter of Certain Private Investments in Public Entities
Counsel to certain investment funds in connection with SEC investigation into certain private placement transactions.

AF Holdings, Inc. v. Aeroflex Inc.
Counsel to private equity fund in connection with civil litigation arising from a “go shop” provision of a merger agreement.

In re NTL, Inc. Securities Litigation
Counsel to certain officers and directors in connection with securities class action and private civil action.

In re Metrocall Holdings, Inc. Shareholder Litigation
Counsel to certain officers and directors in connection with breach of fiduciary duty claims arising from corporate merger.

In the Matter of New York Stock Exchange, Inc.
Counsel to independent consultant to New York Stock Exchange retained in connection with review of the NYSE’s rules, practices and procedures applicable to floor members.

In re Kidder Peabody Securities Litigation
Counsel to officer and director in connection with securities class action and derivative action arising out of the fraudulent trading activity of government bond trader.

Lippe v. Bairnco, et al.
Counsel to Kaydon Corporation in connection with fraudulent conveyance action arising from a series of corporate transactions involving now bankrupt entity.

In re Physicians Computer Network, Inc. Securities Litigation
Representation of chairman in securities class action, two separate private actions, as well as certain government inquiries and companies’ bankruptcy all arising out of accounting irregularities at the company.

In the Matter of Certain Market Making Activities on NASDAQ
Counsel to NASDAQ securities trader in connection with SEC investigation into certain market making activity.

In re Fine Host Corporation Securities Litigation
Counsel to special committee of outside directors of Fine Host in connection with an internal investigation, securities class actions and government inquiries arising out of accounting irregularities at the company. Also represented former officer in connection with shareholder class action and bondholder action.

In re Equitec Rollup Securities Litigation
Represented limited partnership and certain individuals in securities class actions arising from roll-up of real estate limited partnerships.

Securities law
Represented a variety of financial services industry clients in connection with SEC, FINRA, NYSE and state regulatory investigations and advised clients on questions relating to insider trading, market manipulation, Rule 105, ethical walls and other similar securities law and regulatory issues.

Selected Publications

SRZ Insider Trading Developments Newsletter, Summer 2014 (co-author)

“Big Boy Letters,” Insider Trading Law and Compliance Answer Book (Practising Law Institute) 2011-2014

“Keeping Current: SEC Update: Enforcement Program Taking Shape Under New Leadership,” Business Law Today, July 2013 (co-author)

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Selected Speaking Engagements

MFA SEC Examinations: Minimizing Enforcement Risk, New York, July 2014

“Compliance Spotlight” and “Regulatory Examinations and Enforcement,” SRZ 23rd Annual Private Investment Funds Seminar, New York, January 2014

“Compliance Spotlight,” SRZ 22nd Annual Private Investment Funds Seminar, New York, January 2013

More

Memberships

American Bar Association
New York City Bar Association

Bar Admissions

  • New York

Court Admissions

  • U.S. Court of Appeals, Second Circuit 1997
  • U.S. District Court, Eastern District of New York 1992
  • U.S. District Court, Southern District of New York 1992

Education

  • Boston University School of Law, J.D., 1990
    • Note Editor, Boston University Law Review
    • G. Joseph Tauro Scholar
    • Edward F. Hennessey Scholar
  • Boston University, B.A., 1986

Prior Experience

Litigation Associate, Weil, Gotshal & Manges LLP