2017 Jones Day Speaker Series: Current Trends in Securities Litigation and Enforcement
Jones Day Pittsburgh
500 Grant Street, Suite 4500
Pittsburgh, Pennsylvania 15219-2514
7:30 a.m. - 10:00 a.m.
Securities issuers and other securities-industry participants face a wide and changing variety of potential civil claims and regulatory enforcement risks. The U.S. Supreme Court has recently addressed civil class-action-related issues, and the new SEC has changed the direction of enforcement policy. State securities regulators and other regulatory agencies are reinvigorating their enforcement efforts in light of evolving case law and federal enforcement policy. This program will discuss these emerging issues and their potential impact on M&A-related litigation, enforcement investigations, and claims asserted against directors, officers, and securities-industry professionals, including GCs and CCOs. Related D&O insurance claims and limitations will also be discussed.
Henry Klehm, cohead of the Firm's Securities Litigation & SEC Enforcement Practice, has almost 30 years of experience, having served as a senior enforcement officer at the U.S. Securities and Exchange Commission; as a senior in-house lawyer at two global financial institutions; and as a public company director. In the last 10 years, Henry has acted as counsel in major corporate investigations and civil and criminal enforcement actions throughout the world. He counsels boards, corporations, and financial institutions on cross-border internal investigations, crisis management, corporate governance, and effective compliance and ethics programs, as well as legal matters related to internal control, auditing, litigation loss contingencies (Accounting Standards Codification [ASC] 450), and whistleblowers. Recent representations include public companies, audit and special committees, financial institutions, and senior corporate officers in investigations and litigation involving disclosure, complex financial products, financial reporting, the Foreign Corrupt Practices Act, money laundering, and economic sanctions.
Pete Laun has recovered more than $1 billion from insurers for Firm clients. His experience includes insurance litigation and counseling regarding all major types of commercial insurance: D&O, fiduciary, CGL, property, crime, product liability, recall, environmental, professional liability, E&O, and cargo. He has litigated in more than 20 federal and state courts, including courts in Pennsylvania, Ohio, New York, Texas, Mississippi, Minnesota, New Jersey, and California, and his experience includes trials in state and federal courts, injunctions, agency proceedings, and arbitrations. He has handled insurance matters in numerous foreign jurisdictions, including the U.K., Europe, Asia, Bermuda, Central America, and South America.
Robert (Bob) C. Micheletto
Partner, Securities Litigation & SEC Enforcement Practice (New York)
Bob Micheletto has more than 25 years of experience defending corporations and their officers and directors in securities, shareholder, and derivative litigation in federal and state courts throughout the United States. He also has considerable experience litigating M&A, corporate governance, and general commercial disputes (particularly those involving commercial real estate). Bob's recent representations have included defending federal securities fraud class-action lawsuits for HARMAN International Industries; comScore, Inc.; International Coal Group; officers of Cognizant Technology Solutions Corporation; and Rio Tinto plc.
Geoff’s nationwide practice focuses on defending corporations, officers, and directors in securities, shareholder, and derivative litigation. Chambers USA has described Geoff as "an excellent strategic thinker" and The Legal 500 US has called him a "strong all-round litigator." He has been named by Best Lawyers in America as a 2018 “Lawyer of the Year” in the area of securities litigation. Engagements of public record have included representation of National City Corporation (now part of PNC Financial Services Group) in numerous securities, derivative, and ERISA lawsuits arising from the subprime mortgage crisis, and representation of KeyCorp in a range of proceedings, including a federal MDL, relating to the Bernard Madoff scandal. In addition to courtroom litigation, Geoff regularly consults with clients on governance issues, including shareholder demands, books-and-records requests, and internal investigations.
REGISTRATION & CLE CREDIT
This program has been approved for 2.00 hours of general credit by the Pennsylvania CLE Board. This program has also been approved for 2.00 hours of general credit by the State Bar of California and 2.00 hours of areas of professional practice credit (including transitional credit) by the New York State CLE Board. Jones Day is a Pennsylvania CLE Board accredited provider, a State Bar of California MCLE approved provider, and an accredited provider in New York. Application for CLE credit in other states will be made as needed.