Accountant’s Liability and Securities Enforcement

• Represented Mainland China accounting firm, engagement partner, engagement quality reviewer, former managing partner, and manager in PCAOB informal inquiry involving audit of multinational company.
• Represented accounting firm, engagement partner, and engagement quality reviewer in PCAOB formal investigation involving cross-border audits of three foreign companies registered on U.S. exchanges. The PCAOB closed the formal investigation after testimony.
• Represented regional accounting firm with national practice and engagement partner in PCAOB informal inquiry. The PCAOB closed the informal inquiry after production of documents and informal discussions.
• Represented accounting firm and engagement partner in two-day PCAOB disciplinary hearing.
• Represented two partners of accounting firm in week-long PCAOB disciplinary hearing.
• Represented more than 30 accounting firms and accountants in disciplinary proceedings before the Virginia Board of Accountancy, including submission of statements of position and representation at informal fact-finding (IFF) conferences and Board meetings.

Commercial Litigation

• Represented government contractor in 6-day arbitration proceeding against former subcontractor for misappropriation of trade secrets and breach of non-solicitation proceeding. Interim award found misappropriation and breach, awarding damages and piercing the corporate veil to hold subcontractor was alter ego of sole owner.
• Represented government contractor in suit against former CEO for alleged misappropriation of trade secrets, fraud, and conversion relating to former CEO’s emailing of company documents to personal accounts and unauthorized distributions and other compensation.
• Represented organization in lawsuit by former vendor involving claims of breach of contract and anticipatory breach of contract in 8-day jury trial in Fairfax Circuit Court which is on appeal to the Virginia Supreme Court.
• Represented organization in lawsuit against former vendor involving claims of breach of contract and breach of fiduciary duties in Virginia state court.
• Represented commercial tenant in litigation with landlord over breaches of lease in Virginia state court.
• Represented a pension fund in a multimillion-dollar, multiparty case alleging breach of fiduciary duty, fraud, and breach of contract relating to the actions of a managing member of a limited liability company in the purchase of commercial real estate. The client prevailed following a successful appeal to the Maryland state appellate court and retrial in the Montgomery County Circuit Court.
• Represented a defendant in a case brought by a software vendor for alleged copyright infringement and breach of a software licensing agreement. After a one-week bench trial, the U.S. District Court for the District of Colorado returned a verdict in favor of the defendant client as to all claims.

Insurance Coverage

• Represented Blue Cross Blue Shield entity in litigation to obtain insurance coverage for RICO class actions. Matter settled prior to trial.
• Member of fourteen attorney trial team which defended a foreign insurance company in an insurance coverage claim brought by an insured company for indemnification of costs of environmental clean-up of ExxonValdez oil spill in a five-week jury trial in Texas state court. Case was settled on appeal.

Securities Fraud

• Represented two victims of a Ponzi scheme in a federal court action to recover against the fraudster’s insurance policies. In a settlement on the day of trial, the clients fully recovered on their prior state court judgments for their investments, interest, punitive damages, and attorney’s fees.
• Defended a telecommunications company in a class action by holders of securities alleging accounting fraud in the company’s capacity swaps, tax indemnities, and lease commitments. The United States District Court for the Eastern District of Virginia dismissed the complaint with prejudice and without leave to replead.
• Represented a gold mining company in a securities fraud class action involving gold hedging operations at mines around the world. Case involved a $5 billion mark-to-market loss on the hedge book and allegations regarding earnings forecasts.