AREA OF PRACTICE

White Collar Defense & Government Investigations

Biography

Alex Lipman has over 25 years of experience both in private practice and government with a focus on SEC enforcement, white collar, securities litigation, regulatory and corporate governance matters. His practice focuses primarily on representing individuals and organizations in connection with SEC enforcement and criminal matters relating to insider trading, corporate financial irregularities, and securities sales practices.

Alex’s government experience includes serving as a Special Assistant United States Attorney on the Securities and Commodities Fraud Task Force at the US Attorney’s Office for the Southern District of New York. In that position, he prosecuted and tried cases involving accounting fraud, mail and wire fraud, and insider trading. Alex also served as a Branch Chief in the SEC’s Enforcement Division, where he conducted numerous high-profile investigations into securities law violations, including cases stemming from the collapse of Enron.

Awards

Representation

Representation of the special committee of a non-U.S. multinational corporation in connection with a corruption, bribery, and FCPA cross-border investigation.

Representation of a senior banker based in London in an FCPA investigation by the Department of Justice.

Representation of a former CEO of a non-U.S. multinational company in an FCPA investigation.

Representation of an amicus curiae in appeals to the D.C. Circuit, Eleventh Circuit, and U.S. Supreme Court relating to constitutional defects in SEC administrative proceedings.

Representation of an investment advisor in an inquiry by the Cayman Islands Monetary Authority.

Representation of a former senior venture capital executive in connection with criminal and civil proceedings involving allegations of securities fraud, insider trading, and money laundering.

Representation of a prominent investment adviser and its principal at a three-week trial in a Securities and Exchange Commission enforcement proceeding alleging fraud in connection with the creation and marketing of certain collateralized debt obligations (CDOs). Obtained partial reversal of administrative law judge‘s findings. Continued representation on appeal from the SEC‘s partial affirmance of the ALJ‘s initial decision.

Representation of a top executive of a major corporation in an insider trading investigation.

Representation of a former chief compliance officer of a major broker dealer in FINRA and SEC investigations.

Representation of a prominent portfolio manager and investment adviser in a Securities and Exchange Commission investigation stemming from allegations of conflicts of interest.

Representation of a trader for a major multinational bank in connection with a multi-agency, multi-jurisdiction investigation, involving various U.S. and British law enforcement authorities and regulators.

Obtained a voluntary dismissal by the SEC of a filed action against a former senior executive of a collateral manager, involving charges of negligent fraud in connection with creation and marketing of a CDO.

Representation of a news publisher in an SEC insider trading investigation.

LIBOR-related representation of a trader for a major bank in a multi-agency, multi-jurisdiction investigation.

Representation of one of the world’s most prominent technology companies in matters relating to FCPA and compliance issues in Russia.

Representation of a major foodservice company in an investigation by the Office of the Attorney General of New York.

Representation of the CEO and chairman of a Fortune 500 company in a financial fraud investigation.

Representation of a former head of the audit committee of a Chinese company formerly listed in the U.S. in connection with an SEC investigation stemming from allegations of financial fraud.

Representation of executives of public companies in options backdating investigations by the SEC.

Representation of an airline executive in DOJ Antitrust Division’s investigation of price-fixing.

Education

New York University School of Law – J.D., 1991
Wesleyan University – B.A., with honors, 1986

Bar Admissions

New York
US District Courts for the Southern and Eastern District of New York and District of Massachusetts
District of Columbia Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Eleventh Circuit
US Supreme Court

Languages

Ukranian
Russian
Publications
Quoted, “Attys Eye Cases Impacting SEC Enforcement Powers In 2018, ” Law360, January 1, 2018
Quoted, "New Attack on the SEC’s Enforcement Arsenal," Wall Street Journal, October 30, 2017
Quoted, "DC Circuit Split Tees Up Supreme Court Review of SEC Judges," National Law Journal, June 26, 2017
Quoted, “Big Short' Adviser Case Paused While DC Circ. Weighs ALJs” Law360, May 19, 2017
Quoted, “SEC Trims ‘Big Short’ Adviser’s Fine, Denies ALJ Challenge,” Law360, January 11, 2017
Quoted, “SEC partly rules for 'Big Short' adviser but orders bigger payment,” Reuters, January 10, 2017
Chapter Co-author, "Negotiating Settlements with the SEC," PLI SEC Compliance and Enforcement Answer Book 2015
Quoted, "Harvard, Goldman Sachs, Venture Capital…Fugitive," The Wall Street Journal, October 7, 2015
Panelist, "The View from the Top: a UK and US Perspective on White Collar Crime Enforcement," London, England, September 29, 2015
Quoted, "SEC Court To Get Face-Lift, But Attys Still See The Wrinkles," Law360, September 25, 2015
Mentioned, "SEC 'Victim' Mark Cuban Wades Into Fight Over In-House Case," Law360, September 15, 2015
Mentioned, "SEC Blasts Stay Bid From Wife Of Fugitive Ex-VC Exec," Law360, September 10, 2015
Author, “Instituting for unfairness,” International Finance Law Review, August 2015
Quoted, "Who's Leading the Charge Against the SEC's In-House Courts?" The American Lawyer, August 12, 2015
Quoted, "Big Short' Adviser Blasts SEC In-House Court's Practices," Law360, June 9, 2015
Panelist, "Expanded Remedies Under Dodd-Frank and the Increased Use of Administrative Proceedings," ACI’s 4th National Forum on Securities Litigation and Enforcement, New York, NY, January 22, 2015
Quoted, "U.S. Uses Anti-money Laundering Law Against Fake Hair Firms," Reuters, January 16, 2015
Quoted, "SEC Judge Hits 'Big Short' Money Manager with $3M Sanction," Law360, January 12, 2015
Quoted, "Advisor Featured in 'Big Short' Liable for Fraud -U.S. SEC Judge," Reuters, January 12, 2015
Panelist, “SEC Administrative Proceedings: Why Does the SEC Insist on Home-Court Advantage While Disadvantaging Defendants on Discovery?” American Bar Association Ninth Annual National Institute on Securities Fraud, New Orleans, LA, November 14, 2014
Quoted, "Bond Manager Featured In 'The Big Short' Breaks Down On Stand," Reuters, April 4, 2014
Quoted, "Big Short' Character Sues SEC to stop enforcement case," Reuters, March 21, 2014
Panelist, “Current Trends in SEC Enforcement.” Federal Bar Council's 2012 Fall Bench & Bar Retreat, Skytop, PA, September 21, 2012
Co-Presenter, “Understanding Fiduciary Duties and the Sweep of the Anti-Fraud Provisions of the Investment Advisers Act of 1940,” Investment Adviser Association and National Regulatory Services, Boston, MA, June 13, 2012
Quoted, “SEC Drops Charges that Manager Misled Investors,” Financial Times, November 17, 2012
Quoted, “Another Fumble by the SEC on Fraud,” New York Times, November 16, 2012
Quoted, “SEC Drops Bond Lawsuit,” Wall Street Journal, November 16, 2012
Author, “Dusting off SEC Cooperation Guidance for Individuals,”Securities Law360, July 13, 2009
Awards and Honors
Named as one of Super Lawyers' top rated White Collar Crimes Lawyers in New York, NY in the areas of Criminal Defense: White Collar and Securities Litigation (2015-2017)
Member of Brown Rudnick team recognized in the Global Investigations Review 100, a leading guide to the world's leading cross-border investigations.