Mark S. Mandel

Mark S. Mandel is a partner in New York office, where his practice focuses on complex securities-related litigation and enforcement. Mark is admitted in, and has appeared before, numerous federal courts and agencies. A former chief of the New York office of the U.S. Securities and Exchange Commission’s Division of Broker-Dealer Enforcement, he has, in his over 20 years as a private practitioner, represented investment banks, corporations, investment advisers, hedge funds, and directors and officers in many high-profile matters, from SEC, DOJ, state attorneys general and self-regulatory organization investigations to national securities class actions. Mark has consistently been involved in significant securities industry cases, including, among others: the CDO investigations; the Squawk Box investigations; Auction-Rate Securities; Options Back-dating; NYSE and SEC specialist investigations; and the Salomon Brothers treasury bond investigation. Recent favorable results include obtaining a no enforcement action result on behalf of a major financial institution in the Squawk Box investigations, the dismissal with prejudice of a major international investment bank from a $140 million securities fraud suit arising from the aborted sale of a Polish telecommunications company; obtaining, on behalf of a large NYSE-listed REIT, a no-enforcement action letter from the SEC following an investigation of a restatement stemming from allegations by a former chief financial officer claiming whistleblower status; and obtaining the dismissal with prejudice of an NYSE-listed international telecom company in a securities fraud suit seeking $100 million in damages arising out of the sale of a Greek cellular phone company.

Mark lectures frequently on securities litigation topics at annual securities industry conferences and bar association seminars, including recent presentations on "Insider Trading Law and the new SEC Enforcement Environment," "Preparing for SEC Examinations of Private Fund Advisers," and "Market Rumors, Short Selling and Current Regulatory Focus."

Selected Representations

Relevant examples include:

• Obtaining a no enforcement action result on behalf of a family of hedge funds in an SEC investigation concerning a purported NAV restatement and related fund mergers following the implementation of FAS 157.
• Obtaining a no enforcement action result on behalf of a large international broker-dealer in connection with an investigation relating to certain trading by the firm’s convertible desk.
• Representing a major broker-dealer in investigations by the SEC and numerous states’ attorneys’ general concerning auction-rate securities.
• Representing a major broker-dealer in connection with an investigation concerning the sale of non-traditional exchange-traded funds.
• Representing a domestic and off-shore hedge fund in litigation threatened by a Cayman Islands court-appointed receiver.
• Obtaining dismissal of Section 16(b) complaint in the EDNY on behalf of an investment adviser, investment manager and hedge fund.
• Obtaining the dismissal with prejudice of a large retailer from a $100 million class-action securities fraud suit in connection with a bond tender offer.
• Successfully defending a former student-loan executive in investigations brought by the New York State Attorney General, the U.S. Senate, the U.S. House of Representatives, the Department of Education and various state attorneys general concerning student-lending practices.
• Obtaining the dismissal with prejudice of a major broker-dealer in a consumer class action alleging breach of fiduciary duty in connection with stock-lending practices.
• Obtaining a no-enforcement action letter from the NASD (now FINRA) on behalf of a large broker-dealer in an investigation relating to “B” shares.

Selected Publications

Selected Speaking Engagements

Bar Admissions

• New York

Education