The Aftermath of the Financial Crisis: Part 2
Recent Enforcement Cases and Litigation in the Aftermath of the Financial Crisis
This is Part Two of "The Aftermath of the Financial Crisis." The financial meltdown is still being felt around the world every day. It had an enormous impact on the way business is being done by market participants, including hedge funds and private equity funds and banks, and it has prompted several regulatory responses across the world, including new proposals and regulations in the U.S. and EU. This panel will discuss recent enforcement and litigation cases in the aftermath of the financial crisis.
International Securities and Capital Markets Committee, Foreign Legal Consultant Committee, International M&A Joint Venture Committee, International Financial Products and Services Committee, International Secured Transactions & Insolvency Committee, International Litigation Committee
Program Chairs & Moderators:
MEYER "MIKE" EISENBERG
Columbia Law School and Willamette University Law School
New York, New York
CHARLES D. SCHMERLER
Fulbright & Jaworski L.L.P.
New York, New York
JOHN C. COFFEE JR.
Columbia Law School
New York, New York
The London School of Economics and Political Science
London, United Kingdom
Director of Enforcement, U.S. Securities and Exchange Commission
Former Director, Division of Enforcement, U.S. Securities and Exchange Commission and Skadden, Arps, Slate, Meagher & Flom LLP
John C. Coffee Jr.
John C. Coffee Jr. received a B.A. from Amherst, an LL.B. from Yale, and a LL.M. from New York University. Following graduation from law school, Coffee was a Reginald Heber Smith fellow doing poverty law litigation in New York City. Coffee was a corporate lawyer with Cravath, Swaine & Moore, 1970-76.
From 1976 until coming to Columbia in 1980, he was a professor at Georgetown University Law Center. Coffee was a visiting professor at Harvard Law School (2001), Stanford University Law School (1988), the University of Virginia Law School (1978), and the University of Michigan Law School (1979).
Coffee was a reporter for the American Bar Association for its Model Standards on Sentencing Alternatives and Procedures and for the American Law Institute's Principles of Corporate Governance.
Member or former member, Economic Advisory Board to Nasdaq; National Academy of Sciences panel studying empirical research on sentencing; the National Research Council's Standing Committee on Law and Justice; the Advisory Panel on Environmental Sentencing Guidelines to the United States Sentencing Commission; SEC Advisory Committee on the Capital Formation and Regulatory Processes; the Subcouncil on Capital Markets of the United States Competitiveness Policy Council; the Legal Advisory Board to the National Association of Securities Dealers (NASD); Legal Advisory Committee to the board of directors of the New York Stock Exchange.
Former chairperson of the Section on Business Associations of the Association of American Law Schools. Fellow of the American Academy of Arts and Sciences; listed by the National Law Journal as one of "The 100 Most Influential Lawyers in the United States."
Meyer "Mike" Eisenberg
Meyer "Mike" Eisenberg is an Adjunct Senior Research Scholar and Lecturer-in-Law at Columbia Law School and Willamette University Law School in
New York, New York.
Dr. Fetterman, President and CEO of Fetterman & Associates, has 25 years of experience at Stanford University, in administration, School of Education, and the School of Medicine. He has received numerous awards, conducted large-scale evaluation projects, and published several books. As such he is a much sought after speaker in the areas of evaluation, technology, motivation, and learning. He maintains an active speaking schedule in addition to designing, managing, and supervising evaluation projects.
Jeffrey Golden is currently a visiting professor at LSE and is Special U.S. Counsel in the London office of international law firm, Allen & Overy LLP, which he joined as a partner in 1994 after 15 years with the leading Wall Street practice of Cravath, Swaine & Moore. He was the founder partner of Allen & Overy's U.S. law practice and senior partner in the firm's global derivatives practice and has extensive experience of a wide range of capital markets matters, including swaps and derivatives, international equity and debt offerings, US private placements and listings and mergers, acquisitions and joint ventures. He acts for the International Swaps and Derivatives Association, was a principal author of ISDA's master agreements and has appeared as an expert witness in several high profile derivatives cases.
Jeffrey is a Director of MFX Solutions, Inc., an industry initiative providing currency hedging for microfinance, and was recently appointed Visiting Professor at the London School of Economics and Political Science.
He studied at Duke University, the London School of Economics and Political Science and Columbia University School of Law, from which he received his J.D. degree with honors in 1978.
Robert Khuzami is Director of Enforcement for U.S. Securities and Exchange Commission in Washington, D.C.
Colleen P. Mahoney, a partner in Skadden's Washington, D.C. office, heads the firm's Securities Enforcement and Compliance practice, and regularly represents corporations, their officers, directors and employees in Securities and Exchange Commission (SEC) and other law enforcement investigations. She also has represented auditors and audit firms, hedge funds, national stock exchanges and officers at these exchanges.
Ms. Mahoney assists management and boards of directors performing internal investigations, often advising clients on preventive and remedial measures before and after securities-related issues arise.
Prior to joining Skadden, Ms. Mahoney spent 15 years in increasingly senior positions with the SEC, serving as acting general counsel of the agency and as deputy director of the division of enforcement -- the second-in-command and lead administrator of the 300-plus attorney enforcement division. During her tenure at the SEC, Ms. Mahoney helped manage a civil law enforcement program that initiated more than 400 new cases a year. Those cases involved a wide range of issues, including financial fraud and disclosure, auditor independence, mutual fund sales practices, derivatives and insider trading.
Charles D. Schmerler
Fulbright & Jaworski L.L.P. partner Charles Schmerler practices in the New York office's litigation and international groups and is a member of the firm's Global Litigation Steering Committee. He has extensive experience representing foreign and domestic clients, including financial institutions and financial services providers, private equity funds, corporations and governments, in both finance matters and dispute resolution. He has acted as lead counsel in arbitrations before the AAA and International Chamber of Commerce, and has appeared regularly before Federal and State trial and appellate courts located in New York and other jurisdictions throughout the United States.