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Ethics in Banking and Financial Services 2013


Speaker(s): Brent J. McIntosh, C. Evan Stewart, Jessie K. Liu, Michael J. Dell, Professor Samuel Issacharoff
Recorded on: Aug. 8, 2013
PLI Program #: 42328

Brent J. McIntosh is a partner in Sullivan & Cromwell’s Litigation Group. He handles litigation and investigations for major financial institutions and other international clients and serves as co-head of the Firm’s cybersecurity practice. Mr. McIntosh previously served as an official at the U.S. Department of Justice and an attorney the White House.

Mr. McIntosh has represented clients in a wide variety of state and federal courts and arbitral bodies, and he has briefed and argued numerous appeals before the federal circuit courts. He has also represented clients before numerous government agencies and congressional committees, including in various financial regulatory matters and in investigations by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and the U.S. Senate Permanent Subcommittee on Investigations. His pro bono service focuses on advice to developing countries and multinational organizations regarding rule-of-law issues.

Until 2009, Mr. McIntosh was Deputy Assistant to the President and Deputy Staff Secretary at the White House (2007-2009), overseeing and coordinating the flow of official documents to and from the president. Before that, he served in the White House Counsel’s Office as Associate Counsel to the President (2006-2007), where his portfolio included national security matters, investigations and litigation, and judicial selection and confirmation. He previously served in the U.S. Department of Justice’s Office of Legal Policy (2004-2006), including as Deputy Assistant Attorney General (2005-2006), handling matters relating to counterterrorism, intelligence, international law, and federal criminal law and procedure, as well as judicial nominations. While at the Justice Department and the White House, he assisted with the nomination and confirmation of two Supreme Court justices and many other judges.

Mr. McIntosh serves as co-chair of the Alexander Hamilton Society’s D.C. Advisory Committee and on the Executive Committee of the Federalist Society’s International and National Security Law Practice Group.

Clerkships:

  • Judge Laurence H. Silberman, U.S. Court of Appeals for the D.C. Circuit
  • Judge Dennis Jacobs, U.S. Court of Appeals for the Second Circuit

Education:

  • Yale Law School, J.D., 1999
  • University of Michigan, A.B. with high distinction, 1996


Jessie K. Liu is a litigator who focuses on advising and defending companies and individuals facing government investigations or enforcement actions, within the United States or around the world. Her clients rely on her extensive experience in managing all phases of a compliance issue from the internal investigation to the final resolution. She has represented clients in grand jury, congressional, and inspector general investigations and has substantial experience in the Foreign Corrupt Practices Act and the False Claims Act. Ms. Liu also represents clients in a broad range of complex civil litigation in both state and federal courts. Her clients include sizable corporations in diverse fields, including the automotive, aerospace and defense, construction and real estate, energy, government contracting, and financial services industries, as well as high-profile individuals.

Ms. Liu has significant government experience. While an assistant United States attorney for the District of Columbia, she served as lead counsel in numerous trials and appeals on behalf of the government. As deputy chief of staff in the National Security Division of the Department of Justice and counsel to the deputy attorney general, she advised the Department’s leaders on a wide range of issues, including the national security implications of foreign investment, economic and trade sanctions, export controls, and national security–related civil litigation. She also served as deputy assistant attorney general in the Department’s Civil Rights Division, where she supervised approximately 100 attorneys in three litigating sections.

Ms. Liu is a member of the distinguished Edward Bennett Williams Inn of Court, an invitation-only professional organization specializing in white-collar criminal prosecution and defense.

Representative Matters (Includes Prior Law Firm Experience)

Foreign Corrupt Practices Act

  • A Fortune 100 corporation in a Department of Justice and Securities and Exchange Commission inquiry into potential FCPA violations in Southeast Asia.
  • A subsidiary of a Fortune 100 corporation in an internal investigation of potential FCPA issues in Eastern Europe.
  • A global oil services firm in an internal investigation and post-acquisition due diligence regarding potential FCPA issues in West Africa.
  • A national professional services firm on FCPA compliance in China.
  • An international retailer on FCPA due diligence of third-party vendors in China and other countries.
  • A private equity firm on FCPA compliance in connection with investments in Southeast Asia and West Africa.
  • A senior executive of a global technology company in a FCPA investigation by the Department of Justice and Securities and Exchange Commission.

False Claims Act and Procurement Fraud

  • An international aerospace company in a Department of Justice and Department of Defense investigation into potential false claims and fraud, including advising on mandatory disclosure and representing the company before the U.S. Attorney’s Office and Defense Contract Management Agency.
  • A major Navy contractor in a Department of Justice and Department of Defense investigation into procurement irregularities, including conducting an internal investigation and representing the company before the U.S. Attorney’s Office and defense criminal investigative agencies.
  • A global consulting firm in a Department of Defense investigation into potential violations of restrictions on post-government employment.
  • A real estate developer in a Department of Justice investigation into potential irregularities in the award of a contract by the District of Columbia.
  • A Fortune 100 defense and technology company in City of New York Department of Investigation inquiry into potential contracting irregularities.

National Security and Economic Sanctions

  • A U.S. private equity firm on Foreign Agent Registration Act requirements.
  • A Chinese private equity firm on Committee on Foreign Investment in the United States (CFIUS) issues associated with acquisition of U.S. business.
  • A global rental company on overall U.S. sanctions compliance.
  • An international steel company on Ukraine- and Russia-related sanctions.
  • A Japanese manufacturer on Iran-related sanctions.

Other Matters

  • A major public university in a Department of Justice and Equal Employment Opportunity Commission investigation into potential sex discrimination in faculty pay.
  • A major public interest organization in a congressional inquiry into data breach.
  • A Fortune 100 defense contractor in Office of Congressional Ethics inquiry into campaign contributions.


Michael J. Dell is a leading trial and appellate lawyer who has been successfully resolving business disputes for his clients for more than 30 years. Mr. Dell represents corporations, accounting and financial services firms, and individuals in civil litigation in state and federal courts, in internal investigations, and in connection with investigations and enforcement proceedings before government and regulatory agencies, including the Securities and Exchange Commission and the Public Company Accounting Oversight Board. His work on behalf of his clients involves a broad range of business matters including securities, accountants’ and auditors’ liability, commercial, real estate and insurance, patents and intellectual property, false claims act, ERISA, fiduciary and employment, antitrust, and trusts and estates lawsuits. A skilled advocate, Mr. Dell has extensive experience representing clients in alternative dispute resolution proceedings, including arbitrations and mediations before FINRA (the Financial Industry Regulatory Authority), the American Arbitration Association, the International Center for Dispute Resolution, JAMS, the CPR Institute for Dispute Resolution and other ADR forums. Although he most often represents defendants, Mr. Dell has secured many judgments and settlements on behalf of plaintiffs.

Education

J.D., magna cum laude, Harvard Law School, 1978

Associate Editorial Director, Harvard Law Review, 1977-1978

Editor, Harvard Law Review, 1976-1977

B.A., with honors, Oxford University, Wadham College, 1975

Clerkship

Honorable Stanley A. Weigel, U.S. District Court, Northern District of California, 1978-1979

Honors and Distinctions

Benchmark Litigation (2007-2016)

Benchmark Appellate (2013)

Chambers USA (2014-2016)

Legal 500 (2011-2015)

Best Lawyers in America (2010-2016)

New York Super Lawyers (2006-2016)

NYSBA’s Empire State Counsel honor (2015)

Bar Admissions

District of Columbia, 1992

New York, 1979

Court Admissions

U.S. Supreme Court


Mr. Stewart’s practice focuses principally on the financial services industry, where he handles litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

Mr. Stewart was featured by the New York Law Journal in the “Top Trials of 2005” for his successful representation of Theodore Sihpol, the first person in U.S. history to be criminally charged for “late trading” mutual funds. More recently, Mr. Stewart successfully represented Gary Prince against the U.S. Securities and Exchange Commission. In May of 2013, after a three week bench trial in federal court, the judge dismissed all six charges of securities fraud against Mr. Prince.

Mr. Stewart previously served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., and as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc. Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to, among other things, oversee and litigate all of the disputes arising out of the company’s Private Wealth Management Division.

Recognized as a Super Lawyer for Securities Litigation since 2009, Mr. Stewart has also been hailed as a "Local Litigation Star" by Benchmark Litigation since 2010. In 2016, Mr. Stewart received the Stanford D Levy Award from the New York State Bar Association's Ethics Committee for having "significantly contributed to an understanding of professional ethics by the publication of an article, commentary or a series of articles or commentaries on the subject." In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell.

Mr. Stewart is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He has been a regularly contributing columnist for the New York Law Journal since 1990 and has published over 200 articles on diverse legal subjects. He is also frequently featured in the national media and regularly speaks across the country on securities, professional responsibility, and complex litigation issues.


Samuel Issacharoff is the Reiss Professor of Constitutional Law. His wide-ranging research deals with issues in civil procedure (especially complex litigation and class actions), law and economics, constitutional law, particularly with regard to voting rights and electoral systems, and employment law He is one of the pioneers in the law of the political process, where his Law of Democracy casebook (coauthored with Stanford’s Pam Karlan and NYU’s Rick Pildes) and dozens of articles have helped to create a vibrant new area of constitutional law. He is also a leading figure in the field of procedure, both in the academy and outside. He served as the Reporter for the Principles of the Law of Aggregate Litigation of the American Law Institute.

Professor Issacharoff is a 1983 graduate of the Yale Law School. After clerking , he spent the early part of his career as a voting rights lawyer. He then began his teaching career at the University of Texas in 1989, where he held the Joseph D. Jamail Centennial Chair in Law. In 1999, he moved to Columbia Law School, where he was the Harold R. Medina Professor of Procedural Jurisprudence. His published articles appear in every leading law review, as well as in leading journals in other fields. Professor Issacharoff is a Fellow of the American Academy of Arts and Sciences.