Jeffrey F. Robertson

Jeffrey F. Robertson is a special counsel in the Washington, D.C. office, where he represents clients in high-stakes securities enforcement and litigation matters including SEC investigations and enforcement actions, shareholder class actions, derivative suits and other securities-related litigation and arbitrations, FINRA and PCAOB investigations, and criminal inquiries by the Department of Justice and state attorneys general. He also conducts internal investigations and advises clients throughout the financial services industry on compliance and regulatory matters.

Jeff has been recognized as a leading securities litigator by several peer-review publications, including Washington DC Super Lawyers, The Best Lawyers in America and The Legal 500. He is a frequent speaker at professional seminars.

Selected Representations

SEC Enforcement
Audit firm. Representing accounting firm in SEC investigation concerning audits of China-based companies listed on U.S. exchanges.

Law firm. Representing law firm in connection with SEC and DOJ inquiries concerning actions by investment adviser to private equity funds.

Audit firm. Representing accounting firm in SEC investigation concerning financial restatement by audit client.

Hedge fund. Represented hedge fund in SEC investigation of potential insider trading claims.

Concurring audit partner. Represented Big Four concurring partner in SEC investigation of issues concerning audit of public company in fitness industry.

Chief compliance officer. Represented broker-dealer compliance officer in SEC investigation of firm. SEC declined to pursue enforcement against client (the only witness not charged).

Pharmaceutical executive. Represented biotech pharmaceutical company vice president and plant manager in internal and SEC investigations concerning alleged insider trading. Negotiated favorable resolution without Wells submission.

Audit partner. Represented Big Four accounting firm engagement partner in SEC investigation concerning audits of major auto parts supplier. Favorable resolution negotiated.

Investment banker. Represented investment banker for a financial services company in SEC insider trading investigation of transactions in securities offered by the investment banker’s clients. Following a Wells submission, the SEC declined to recommend any action against client.

Self-moving rental company. Represented world’s largest self-moving rental company in an SEC investigation concerning the use of special purpose entities and off-balance sheet transactions.

Law students. Represented Georgetown University Law Center students in SEC investigation concerning alleged market manipulation by student-run Internet stock-picking web site. SEC investigation resolved on favorable terms. Prosecutor and school inquiries concluded with no action taken against students.

Discount retailer CEO. Represented CEO of major discount retailer in SEC investigation and shareholder class action concerning alleged financial fraud and accounting improprieties resulting in a restatement.

Credit card company CFO. Represented CFO of Fortune 100 company in SEC investigation concerning alleged insider trading surrounding Federal Reserve examination.

Mutual fund portfolio manager. Represented small cap growth fund portfolio manager in SEC investigation concerning alleged market-timing. SEC declined to take action against client.

Investment adviser analyst. Represented research analyst in SEC investigation into alleged misuse of confidential, proprietary information concerning securities transactions by analyst’s spouse. Settled subsequent administrative proceeding.

Professional investor. Represented Canadian investor in SEC investigation concerning alleged insider trading.

Broker-dealer branch manager. Represented branch manager of regional broker-dealer in SEC investigation of alleged failure to supervise in connection with claims of market manipulation by trading desk. Favorable settlement reached following Wells submission.

Investment manager. Represented individual investment manager in SEC investigation concerning alleged “wash” transactions in after-hours trading involving accounts managed by investment manager. Favorable settlement reached.

Software company director. Represented major software company board member in SEC investigation of alleged financial reporting and disclosure issues. Investigation closed with no action taken against director.

Executive assistant. Represented executive assistant to corporate spokesperson in SEC investigation of alleged insider trading in advance of hostile takeover attempts of major automobile manufacturer. Negotiated favorable settlement following Wells submission.

Broker-dealer. Represented major broker-dealer in SEC investigation of alleged insider trading in accounts managed by registered representative. No action taken against client.

Telecommunications CFO. Represented telecommunications company CFO in SEC investigation of alleged “round-trip” and “swap” transactions involving other industry participants. Favorable settlement reached.

CEO and chairman. Represented CEO and chairman of national bakery and baked goods wholesaler in SEC investigation of alleged financial fraud stemming from restatement.

Corporate controller. Represented controller of specialty manufacturing company in SEC investigation prompted by announcement of inventory charges, restatement and alleged accounting and financial fraud. Investigation concluded with no action recommended against controller.

Broker-dealer traders. Represented head trader and assistant trader in SEC investigation of alleged stock manipulation by broker employed by regional broker-dealer. Investigation closed with no action recommended against traders.

Oil exploration company executive. Represented CEO of large oil and mineral exploration company in SEC investigation of revenue-recognition issues. Favorable settlement reached following Wells submission.

SEC Litigation
Corporate lawyer. Represented law firm partner in SEC lawsuit in the E.D.N.Y. alleging fraud in public offering by lawyer’s issuer client. Following a bench trial, court dismissed all allegations against client.

Telecommunications company director. Represented board member and his wife in SEC insider trading jury trial in the E.D. Pa. Court declined to send case to jury, dismissing all charges after close of evidence.

Sign-making executive. Represented vice president of foreign subsidiary of U.S. corporation in an SEC insider trading lawsuit in the S.D.N.Y. Case settled on favorable terms.

Financial adviser. Represented financial adviser in SEC administrative proceeding alleging misstatements in prospectus concerning public bond offering underwritten by our client’s employer. Although the ALJ concluded the adviser participated in misstatements, the judge declined the SEC’s request for sanctions.

Individual investor. Represented Canadian professional investor in SEC lawsuit in the S.D.N.Y. alleging insider trading.

Manufacturing company executive. Represented division president in SEC insider trading lawsuit in the S.D.N.Y. Favorable settlement reached.

Computer company executive. Represented software company executive in SEC insider trading lawsuit in the N.D. Cal. After consenting to judgment, submitted the issue of the appropriate sanctions to the court, which resolved the issue favorably to executive.

Medical diagnostic company control person. Represented controlling shareholder of medical diagnostic device developer in SEC litigation in federal district court concerning alleged misstatements in press releases and other public statements by the issuer. Favorable settlement reached.

Online broker-dealer. Defended major online brokerage firm in S.D.N.Y. litigation by SEC-appointed receiver seeking TRO concerning allegedly misappropriated shares that had been deposited in a margin account with broker-dealer. Favorable settlement reached.

Self-regulatory organization. Represented Municipal Securities Rulemaking Board before the SEC in a First Amendment challenge to MSRB restrictions on “pay to play” practices by municipal securities underwriters. Restrictions were upheld.

Other Securities Litigation
Broker-dealer. Defending broker-dealer and other parties in federal action seeking to recover funds allegedly misappropriated by broker-dealer’s former CFO.

Mutual fund adviser. Defending mutual fund adviser in putative securities class action in the S.D.N.Y. alleging improper disclosure concerning transfer agent fees.

Audit firm. Representing Big Four audit firm in connection with malpractice action pending in S.D.N.Y.

Law firm. Defending large multi-national law firm against suit by former client seeking more than $400 million allegedly related to former client’s bankruptcy proceedings.

Hedge fund. Advising large private equity fund in connection with numerous litigation matters involving residential mortgage-backed securities.

CFO. Represented former public company CFO in S.D.N.Y. derivative action related to receipt of backdated stock options.

Bank holding company. Defended S.D.N.Y. litigation by broker-dealer client regarding purchase of auction-rate securities from broker-dealer subsidiary of our client.

Financial services company. Represented major financial services company in connection with shareholder derivative demand and related matters concerning sale of auction-rate securities.

Pharmaceutical company. Represented drug manufacturer in putative securities class action and derivative action in D.N.J. stemming from timing of release of clinical trial results.

Financial services company. Represented financial services company in S.D.N.Y. and bankruptcy court litigation stemming from its acquisition of a broker-dealer offering an active trading platform from a now-bankrupt entity. Favorable settlement reached following mediation.

Bank and Its senior executives. Represented financial services company and its senior executives in securities class action in the W.D.N.C. Court twice granted our motions to dismiss, the second time with prejudice.

Investment adviser. Represented investment management firm with $5 billion AUM in various securities class actions and a grand jury investigation.

Financial services company. Represented major financial services company in S.D.N.Y. litigation involving its role as co-lead underwriter of a $300 million bond offering by national discount furniture retailer. Court granted our motion to dismiss but also plaintiff’s motion for leave to amend. Favorable settlement reached.

Satellite communications company. Represented company and its senior executives in S.D.N.Y. securities class action alleging financial fraud concerning revenues and subscriber base. Favorable settlement reached.

Securities broker-dealer. Represented subsidiary of financial services company in California state court action alleging misrepresentations related to sales of so-called “callable CDs.” Favorable settlement reached.

Day-trading brokerage firm. Represented online broker-dealer offering active trading platform in M.D. Fla. litigation stemming from operation of Orlando branch office. Following mediation, matter settled with no payment from broker-dealer.

Financial services company. Represented major financial services company in state court action stemming from operation of Miami branch office.

Online brokerage firm. Represented brokerage firm offering active trading platform in SEC administrative proceeding alleging “wash” sales by former employee. Matter concluded with no charges against brokerage firm.

Criminal Matters
General counsel. Represented general counsel of major manufacturing company in connection with criminal, SEC and internal investigations concerning options backdating.

Mortgage lender employee. Represented former manager of online mortgage broker in SEC investigation and W.D.N.C. criminal proceedings alleging insider trading.

Law firm. Represented major Philadelphia-based law firm in E.D. Pa. grand jury investigation into alleged political kick-backs and obstruction of justice by a former law firm partner. Matter concluded with no charges against law firm.

Investor relations chief. Represented public company vice president for investor relations in SEC lawsuit and S.D.N.Y. grand jury proceedings alleging insider trading.

Law firm. Represented major Philadelphia-based law firm in E.D. Pa. grand jury investigation related to activities of a former law firm partner in connection with public bond offerings. Matter concluded with no charges against the firm.

Registered representative. Represented stockbroker working for an alleged boiler room operation in S.D.N.Y. grand jury investigation related to alleged market manipulation. Favorable resolution reached.

Political consultant. Represented D.C. political consultant in Whitewater investigation into alleged misapplication of campaign funds during 1996 election cycle. Investigation closed with no action taken against consultant.

SRO and Other Proceedings
General counsel. Representing former general counsel of public company in SEC and DOJ investigation of FCPA allegations.

Audit firm partner. Represented Big Four accounting firm engagement partner in first-ever contested Public Company Accounting Oversight Board (PCAOB) disciplinary action. Negotiated favorable pre-hearing settlement.

Online broker-dealer. Represented brokerage firm offering active trading platform in FINRA investigation of alleged net capital violations. Favorable settlement reached.

Broker-dealer head trader. Represented regional brokerage firm head trader in FINRA investigation of alleged market manipulation and “backing away” charges.

National transportation company. Represented interstate trucking company in Nasdaq delisting proceedings and audit committee investigation stemming from financial restatement.

Individual investor. Represented investor in FINRA investigation of alleged “wash” transactions in after-hours trading between the investor’s margin and 401(k) accounts. Favorable settlement reached.

Selected Publications

Selected Speaking Engagements

Other Distinctions

Listed as a leading lawyer in:
Washington DC Super Lawyers (Securities Litigation, Business Litigation)
The Best Lawyers in America
The Legal 500

Court Admissions

• District of Columbia
• New York

Education