Proskauer

Recent Matters

• A leading credit asset manager in an SEC examination and investigation related to expense allocation practices and disclosures
• A global private equity firm in an SEC investigation arising out of an examination related to trading and MNPI policies and procedures
• A leading broadband company in an SEC investigation of the company’s share repurchase program
• A fitness beverage company in an SEC investigation involving the company’s acquisition accounting, revenue recognition, internal controls, and related disclosures
• A non-traded business development company in an SEC investigation relating to the seed transaction to establish the fund
• A NASDAQ listed company in an SEC sweep investigation regarding the timeliness of certain of its Director’s security ownership reports under Section 16 of the Exchange Act
• A private fund manager focused on ESG investing in an SEC investigation arising out of an examination related to the allocation of a third-party service provider’s fees and expenses
• An internal investigation on behalf of a public company’s Audit Committee and related SEC investigation related to accounting restatement and expense recognition issues
• A private fund manager in an SEC sweep investigation related to certain administrator and custodian terminations

Prior to joining Proskauer, Bob was involved in the following representative matters:

Investment Advisers

• A leading private equity investment firm in an SEC examination and investigation related to management fee calculations
• A middle market private equity firm in an SEC investigation involving disclosure issues and the firm’s policies and procedures related to advertising and marketing
• A venture capital firm in an SEC investigation arising out of an examination involving the valuation of fund assets and related management fee calculations
• An alternative fixed income manager in an SEC investigation arising out of an examination related the firm’s valuation calculation methodology for debt investments
• A private fund manager in an SEC investigation of a GP-led secondary transaction and related valuation and disclosure issues
• A global private equity firm in an SEC investigation related to the valuation of portfolio company investments in the energy sector
• A leading investment and advisory firm in an SEC investigation involving allegations of improper valuation practices and undisclosed conflicts of interest
• A private fund manager in an investigation arising out of an SEC examination related to disclosure practices and the use of collateralized loan obligations
• A leading global alternative asset manager in an SEC investigation related to trading issues and MNPI policies and procedures
• Multiple private equity fund managers in SEC investigations into accelerated monitoring fee and disclosure practices
• A private equity fund manager in SEC investigation into potential misallocation and excess charging of fees and expenses, conflicts of interest, custody rule violations, and breaches of fiduciary duty
• A hedge fund manager and its CEO in parallel insider trading investigations by the SEC and DOJ
• The Chief Operating Officer of a leading activist hedge fund in an SEC investigation and litigation related to alleged breaches of fiduciary duty and conflicts of interest
• Various private equity and venture capital firms in connection with SEC investigations into alleged violations of the pay-to-play rules

Financial Institutions/Executives

• A fintech company and provider of online marketplace loans in an SEC investigation of the company’s disclosures of government investigation and related litigation matters
• A leading investment company in parallel investigations by the SEC and DOJ related to expert network consultants and potential insider trading claims
• A former loan servicer in parallel investigations by the CFPB and SEC involving for-profit student loan program
• A fixed-income sales executive for a leading investment bank in an SEC investigation into the sales and marketing practices relating to asset-backed and synthetic collateralized debt obligations and associated credit default swaps
• The collateral manager in an SEC investigation into portfolio selection, disclosure and credit rating practices relating to asset-backed and collateralized debt obligations and associated credit default swaps
• An executive of a large mortgage lender in connection with an SEC investigation related to subprime financial reporting and disclosures issues

Public Companies/Executives

• The former CEO and CFO of a global medical device manufacturer in an SEC investigation involving the faultless clawback of bonuses and other incentive-based compensation 
• The CFO and Controller of a leading developer and manufacturer of sports equipment and apparel in an SEC investigation regarding revenue recognition issues
• A leading health care service provider in connection with an internal investigation on behalf of its Audit Committee and related SEC investigation related to accounting restatement and revenue recognition issues
• A leading E&P materials provider and its CEO in connection with an SEC investigation relating to product performance disclosures, asset impairments and internal controls
• BP PLC and related entities in connection with parallel SEC and DOJ criminal investigations arising from the Deepwater Horizon
• A Senior Tax Manager of a leading multinational oil services company in an SEC investigation related to a $900 million accounting restatement arising from improper intercompany tax accounting and internal control weaknesses
• Internal investigation in connection with proposed acquisition on behalf of global engineering products manufacturer related to accounting and revenue recognition issues
• A global chemical manufacturing company in connection with an SEC investigation regarding accounting for environmental liabilities and related disclosures

Various

• Several entities in SEC investigations involving initial coin offerings, cryptocurrencies and blockchain technology
• Internal investigation on behalf of a special committee of the Board in connection with potential obstruction of justice claims in a prior governmental investigation
• A school district in connection with the SEC's Municipalities Continuing Disclosure Cooperation initiative and related SEC investigation regarding alleged disclosure violations in connection with municipal bond offerings

Other notable matters handled at the SEC

• SEC v. Arthur Andersen, et al.: Staff attorney responsible for the Waste Management/Arthur Andersen financial fraud investigation. The $1.7 billion restatement at Waste Management was then the largest restatement in history.
• SEC v. Buntrock, et al.; SEC v. Koenig: Trial counsel in accounting fraud action against senior officers of Waste Management, Inc. Litigated 11-week jury trial against non-settling defendant.
• Royal Ahold matter: Lead trial counsel in administrative Rule 102(e) proceeding and two-week trial involving the audits of US Foodservice, Inc.