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Securities Enforcement Forum West 2021

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Securities Enforcement Forum West is a one-day conference bringing together hundreds of current and former government officials, securities enforcement professionals, and compliance executives.

Securities Enforcement Forum West is a one-day conference bringing together hundreds of current and former government officials, securities enforcement professionals, and compliance executives.Jordan Eth, co-chair of MoFo’s Securities Litigation, Enforcement, and White-Collar Defense Group, moderated the “Director’s Panel” featuring the current and former heads of the SEC’s West Coast offices. MoFo partner Jina Choi, who until recently led the SEC’s San Francisco Regional Office, shared her unique insights into the SEC’s national and regional enforcement priorities.MoFo partner Craig Martin, a former SEC enforcement attorney and co-chair of the Investigations + White Collar Defense team, participated on the “Managing Internal Investigations and Advanced Government Defense” panel.<a href="https://www.youtube.com/playlist?list=PL9RQJrnQB5o--ixwHKjdFElTiqar5fRos" target="_blank">View the panel recordings</a>.<iframe src="https://www.youtube-nocookie.com/embed/mT2u_ReKQcA" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" title="Directors’ Panel" title="iframe"></iframe><iframe src="https://www.youtube-nocookie.com/embed/5luWyCPoA04" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture" title="Managing Internal Investigations and Advanced Government Defense" title="iframe"></iframe><hr>

Securities Enforcement Forum West 2021

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<div class="videoWrapper"><iframe class="sticky-video" allowfullscreen="1" allow="autoplay; encrypted-media" frameborder="0" src="https://www.youtube-nocookie.com/embed/2q_gEWibFK0?rel=0" title="Meet Jordan Eth, Securities Litigator" title="iframe"></iframe></div>Co-chair of Morrison Foerster’s Securities Litigation, Enforcement, and White Collar Defense Group, Jordan is one of the leading securities litigators in the United States, known for his success in handling complex, high-stakes cases. He has more than 30 years of experience representing public companies and their officers and directors in:<ul><li>Securities class actions</li><li>SEC investigations</li><li>Derivative suits</li><li>Mergers and acquisitions litigation</li><li>Internal investigations</li></ul>Jordan understands the big-picture challenges facing companies and individuals in securities litigation, as well as the intricacies of the legal issues. As co-leader of the successful defense of JDS Uniphase Corp. and its former executives in a securities class action jury trial seeking $20 billion in damages—the largest in history—Jordan is one of the few lawyers who has taken a securities class action to trial and won a complete jury defense verdict.Jordan’s clients cover a broad range of industries, including financial services, computer software and hardware, life sciences, manufacturing, and consumer products. He is routinely recognized for his exceptional client service, including in Best Lawyers in America, where a client noted that, “Jordan Eth is in a class of his own. He is deeply knowledgeable and experienced and a natural leader without ego issues. He thinks strategically and is extremely responsive, realistic, and clear in his assessments of situations. He is able to marshal resources within Morrison Foerster as necessary. And if that were not enough, he is easy to work with. I could not recommend him more highly.” Jordan is also regularly praised by clients for his strong courtroom advocacy and deep expertise in securities litigations and class actions:“Jordan is impressive before the courts. He is straight to the point and his voice carries a lot of weight with the bench.” – Chambers USA“Jordan understands the CEO mentality with respect to securities actions and navigates the corporate politics of these matters with the same expertise with which he handles the legal case.” – Client“Jordan Eth is a superstar. He has actual trial experience – extremely rare in securities litigation. He is even-handed, calm and very direct. Very helpful in cutting through the noise with board members.” – Legal 500 USA A frequent speaker on securities litigation topics at events and conferences across the United States, Jordan actively participates in programs put on by The SEC Enforcement Forum, the Practising Law Institute, and the Stanford Directors’ College. During Winter Quarter 2012 and Spring Quarter 2017, Jordan taught “Modern Securities Fraud Litigation: Public and Private Enforcement” as an Adjunct at Stanford Law School. He has also authored dozens of articles on securities litigation and is an Executive Committee member on the Securities Litigation Section of the Bar Association of San Francisco.Jordan served as a law clerk to the Honorable Chief Judge Robert F. Peckham, United States District Court for the Northern District of California, from August 1985 through August 1986. From 1980 through 1982, he worked as an economist in Washington, D.C., first for the United States Department of Energy and then for the Budget Committee of the United States House of Representatives.

Jordan Eth

Partner

Craig Martin serves as co-chair of Morrison Foerster’s Investigations + White Collar Defense and ESG + Sustainability practice groups.Craig has led dozens of internal investigations, often on behalf of audit and special committees. Though Craig most frequently assists with matters involving complex financial accounting and reporting issues, his investigations have covered a broad range of subjects, including corporate disclosures, commercial practices, scientific misconduct, commercial and foreign bribery, and misuse of company assets, among many others.In addition, Craig represents issuers involved in U.S. Securities and Exchange Commission (SEC) enforcement and U.S. Department of Justice (DOJ) investigations. Craig’s clients span various industries, including technology, healthcare and life sciences, financial services, manufacturing, real estate, and agriculture. Craig has obtained excellent results for clients, often in the wake of a serious financial accounting misstatements or disclosure failures.Craig also serves as personal counsel to executives and directors in government and internal investigations. Attuned to the scrutiny that corporate executives can face in the wake of a business setback, Craig has helped CEOs, CFOs, and general counsel successfully navigate parallel SEC, DOJ, and internal investigations.Clients have consistently praised Craig for his sound judgment, investigative experience, pragmatism, and credibility. Craig is regularly recognized by leading industry publications such as Legal 500 US in its Corporate Investigations and White Collar Defense category and Chambers USA’s (California) Litigation: White Collar Crime & Government Investigations category, where a client described Craig as “experienced, poised and patient.” He has also been named to Securities Docket’s “Enforcement Elite,” which recognizes the best securities enforcement defense lawyers in the business. In addition to representing clients, Craig served for a decade as a Firmwide Managing Partner at Morrison Foerster (2012-2022).Craig was an enforcement attorney in the SEC’s San Francisco office from 1999 to 2002. During his tenure at the SEC, he worked closely with attorneys and investigators from DOJ on both financial accounting fraud and insider trading matters. Of particular note, Craig led one of the largest insider trading cases in SEC history, in which 15 individuals were charged with illegal trading.Craig is a leading commentator on internal investigation procedures, securities litigation and enforcement, corporate governance, and compliance, and has been quoted in publications such as the Daily Journal, The Recorder, and GC Magazine. He has also been invited to speak on those topics by prominent industry organizations including the Securities Enforcement Forum, the Practising Law Institute, the Institute for Corporate Counsel, the Institute of Internal Auditors, the National Society of Compliance Professionals, and the Association of Corporate Counsel, among others.Craig earned his B.A. from the University of California, Berkeley. He received his J.D. from Stanford Law School, where he was an associate editor of The Stanford Law Review.<h4>Representative Experience</h4><ul><li>Engaged by corporate boards and management of major clients to lead investigations concerning allegations of accounting, disclosure, and commercial misconduct, including:</li><ul><li>Software company, investigating allegations of non-GAAP financial reporting misstatements.</li><li>Infrastructure construction company, investigating allegations of accounting fraud.</li><li>Software company, investigating alleged violations of the Federal Trade Commission Act.</li><li>Pharmaceutical company, investigating allegations of scientific misconduct.</li><li>Data infrastructure company, investigating allegations of financial accounting fraud.</li><li>Medical device company, investigating allegations of improper disclosures concerning defective products.</li><li>Electronics manufacturer, investigating allegations that it misled customers and violated the financial terms of contracts.</li><li>Transport network company, investigating allegations of financial accounting misconduct and whistleblower retaliation.</li><li>Cloud-based communications company, investigating allegations of financial accounting fraud.</li><li>Venture capital firm, investigating allegations that the performance of portfolio companies had been misrepresented.</li><li>Healthcare technology company, investigating allegations of financial accounting fraud, false disclosures, and commercial bribery.</li><li>Retailer, concerning allegations that finance executives had engaged in accounting misconduct.</li><li>Software company, investigating allegations of financial accounting improprieties and misstated results.</li><li>Network infrastructure company, investigating allegations of accounting fraud.</li><li>Automobile parts manufacturer, investigating allegations of accounting fraud and diversion of company assets.</li><li>Physical security company, investigating allegations of executive misuse of company funds.</li><li>Medical device company, investigating allegations of improper sales practices.</li><li>Computer networking company, investigating allegations of financial accounting fraud.</li><li>Computer hardware, networking, semiconductor, and financial companies, investigating stock option granting practices.</li></ul><li>Represented issuers in SEC and DOJ investigations, including:</li><ul><li>Semiconductor company in SEC and DOJ investigations regarding allegations of financial accounting and disclosure misconduct. The DOJ closed its investigation without taking action against our client, and the SEC resolved the matter on favorable terms.</li><li>Alternative energy company in an SEC investigation regarding the company’s accounting and reporting practices. The SEC took no action against our client.</li><li>Enterprise software company in an SEC investigation regarding alleged revenue accounting improprieties and violations of the company’s code of ethics. The SEC took no action against our client.</li><li>Enterprise software company in an SEC investigation following a multi-year restatement. The SEC resolved the case on favorable terms.</li><li>Real estate company in an SEC investigation concerning allegations of misuse of company funds and workplace misconduct. The SEC took no action against our client.</li><li>Alternative energy company in an SEC investigation following an accounting restatement. The SEC took no action against our client.</li><li>Web services provider in SEC and DOJ investigations concerning disclosures following a cybersecurity incident. The DOJ closed its investigation without taking action against our client, and the SEC resolved the matter on favorable terms.</li><li>Technology services provider in connection with an SEC investigation concerning a cybersecurity disclosure. The SEC took no action against our client.</li><li>Retailer in an SEC investigation following an accounting restatement. The SEC took no action against our client.</li><li>Cloud computing company in an SEC investigation concerning disclosures following a cybersecurity incident. The SEC took no action against our client.</li><li>Biopesticide company in an SEC investigation concerning financial accounting improprieties and a restatement. The SEC resolved the case on favorable terms.</li><li>Carrier in an investigation regarding alleged violations of the Foreign Corrupt Practices Act and other anti-bribery statutes in China, elsewhere in Asia, and Latin America. The SEC and DOJ took no action against our client.</li><li>Cybersecurity firm in an SEC investigation concerning disclosures regarding a cybersecurity incident. The SEC took no action against our client.</li><li>Network infrastructure company in an SEC investigation regarding alleged accounting improprieties following a significant restatement. The SEC resolved the matter on favorable terms.</li><li>Retailer in an SEC investigation into alleged accounting irregularities following the company’s restatement. The SEC resolved the case on favorable terms.</li><li>Pharmaceutical distributor and its executives in connection with an SEC accounting investigation. The SEC took no action against our client.</li></ul><li>Represented executives in SEC, DOJ, and Financial Industry Regulatory Authority (FINRA) investigations, including:</li><ul><li>Chief Financial Officer in connection with SEC investigation concerning IPO projections. The SEC did not charge our client.</li><li>Chief Financial Officer in connection with an SEC investigation following a technology company’s financial accounting restatement. The SEC did not charge our client.</li><li>Chief Accounting Officer in connection with an SEC investigation after a technology manufacturing company’s restatement. The SEC did not charge our client.</li><li>General Counsel and Acting CFO in connection with an SEC investigation following a software company’s restatement. The SEC did not charge our client.</li><li>General Counsel in connection with a SEC and DOJ investigations following employee benefit administration company’s restatement, disclosures, and representations to auditors. Neither the DOJ nor the SEC charged our client.</li><li>General Counsel in connection with an audit committee investigation concerning cybersecurity company’s accounting and disclosure practices. The SEC took no action against our client.</li><li>Chief Executive Officer in connection with an SEC investigation into alleged misuse of company funds. The SEC resolved the matter on favorable terms.</li><li>Multiple CEOs, CFOs, COOs, general counsel, and other executives in connection with various stock option investigations conducted by the SEC, DOJ, and boards of directors. No action was taken against our clients.</li><li>Executives in numerous insider trading investigations conducted by the SEC, DOJ, and/or FINRA.</li></ul><li>Represented bank, investment advisor, and broker-dealer clients in SEC, Federal Deposit Insurance Corporation, FINRA, Office of the Special Inspector General for the Troubled Asset Relief Program, DOJ, and private litigation matters relating to the credit crisis and mortgage‑backed securities.</li></ul>

Craig Martin

Securities Enforcement

Securities Enforcement Forum West 2021 - 574121281

Securities Enforcement Forum West 2021

13 May 2021 8:15 AM - 6:15 PM PDT