Cheryl Haas-Goldstein, a member of Sutherland's Litigation Practice Group, focuses on securities litigation and enforcement. She represents public companies, investment companies, investment advisers, broker-dealers and individuals in a wide range of securities matters, with emphasis on regulatory enforcement and litigation involving the U.S. Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), state regulatory agencies, numerous federal and state courts, and FINRA arbitrations. She regularly advises clients on compliance and defense matters, as well as investigations relating to violations of federal and state securities laws and regulations and NASD rules. Cheryl is also experienced at coordinating numerous simultaneous investigations of a company by several regulators.
In recent years, Cheryl has represented firms and individuals in investigations relating to securities fraud, accounting fraud, insider trading, FCPA violations, market timing, late trading, privacy, variable product and mutual fund transactions, revenue sharing, supervision, and obstruction of justice. Her experience also includes complex commercial litigation, defending investment companies and Fortune 500 companies in suits arising under federal and state securities laws. Cheryl has also litigated disputes arising out of commercial agreements.
Cheryl began her career as a law clerk for the late Honorable David G. Trager of the U.S. District Court for the Eastern District of New York. Before joining Sutherland in 2000, she practiced at a major firm in New York where she specialized in securities and complex commercial litigation.
Representative Experience
Cheryl's extensive representative experience includes:
· Successfully negotiated a favorable settlement for 38 electric cooperatives in a suit to enforce terms under a joint use agreement with another company.
· Successfully represented a Fortune 500 company in several related breach of contract actions.
· Successfully representing an insurance company, affiliated entities and several officers being investigated for market-timing and convincing the SEC not to bring any action.
· Successfully negotiating a settlement with the NASD for a conglomerate of broker-dealers relating to revenue sharing.
· Representing numerous broker-dealers in a variety of SEC, FINRA and state investigations involving variable annuity sales and negotiating favorable settlements.
· Conducting an internal investigation into FCPA violations for an audit committee of the board.
· Successfully defending a broker-dealer and an individual in a hearing against FINRA related to maintaining accurate books and records of the firm.
· Successfully representing broker-dealers being investigated by FINRA, the SEC and state regulators for representatives' fraud, selling away and violations of Reg. S-P, and convincing regulators not to bring actions.
· Successfully representing broker-dealers and registered representatives in customer arbitrations.
Professional and Community Involvement
· Member, Litigation and Business Law Sections, American Bar Association
· Member, Federal Bar Association
· Member, Compliance and Legal Division, Securities Industry and Financial Markets Association
· Member, Women and Minorities Committee, State Bar of Georgia
· Member, Atlanta Bar Association
Recent Publications and Speaking Engagements
· Speaker, "Foreign Corrupt Practices Act - New Enforcement Initiatives," Advanced Securities Law Seminar (March 25, 2011)
· Speaker, "FCPA - Best Practices to Keep Regulators Away," ABA Section of Litigation, Corporate Counsel CLE Seminar (February 17-20, 2011)
· Panelist, "The Intersection of Social Networking and Litigation," NAWL Sixth Annual General Counsel Institute: Managing Through Change: The New Normal (November 4, 2010)
· Co-author, "Keeping FINRA and the SEC from De-Friending You," Law360 (September 3, 2010)
· Speaker, "Enforcement and Regulatory Update," Tampa Bay Broker-Dealer Compliance Group Meeting (August 18, 2010)
· Speaker, "Social Media Compliance Issues," Financial Services Institute (February 2010)
· Co-author, "Analyzing the pros and cons of a ban on mandatory arbitration clauses in the securities industry," Complinet (November 5, 2009)
· Co-author, "Look on the Bright Side: Analyzing the Pros and Cons of a Ban on Mandatory Arbitration Clauses" (November 4, 2009)
· Co-author, "Avoid Saying 'I Am Sorry' - The Finer Points of Regulation S-P," NSCP Currents (September/October 2009)
· Speaker, "Regulatory Ripple or Sea Change-What Do We Do Now?," Compliance & Market Conduct Exchange (June 24-26, 2009)
· Speaker, BD Week Webinar: Sweeps are Not Just for TV Anymore!: As Regulators Start to Get Even Tougher, You Need to be Prepared (June 9, 2009)
· Co-author, "The 'Red Flags' Rule: Are You Ready?," Law360 (April 6, 2009)
· Speaker, "Managing SEC and Internal Investigations in Today's Environment," Institute of Continuing Legal Education in Georgia Advanced Securities Law Seminar (March 27, 2009)
· Co-author, "If You Give a Regulator a Record...(How to Handle Requests for Information from Regulators)," NSCP Currents (November/December 2008)
· Author, "Deception Detection: Connect the Dots," Complinet (November 26, 2008)
· Speaker, Sutherland Securities Symposium (October 30, 2008)
· Co-author, "FINRA's Proposed Rules: 'Risks' and Concerns in Switching to Principles-based Supervision," Complinet (October 2008)
· Author, "Branch Office Supervision Chapter 4A," PLI Broker Dealer Regulation (2008)
· Speaker, Sutherland Securities Symposium (July 31, 2008)
· Moderator, Subprime and Hedge Fund-IQPC (November 16, 2007)
· Co-author, "No News Is Good News: Why Securities Firms Often Face 'Coattail' Class Actions After Regulatory Settlements or Other Disclosures," Securities Regulation & Law Report (July 23, 2007)
· Author, "Judicial Rulemaking: Criticisms and Cures for a System in Crisis," New York University Law Review (April 1995)
Industries
Financial Services
News
Sutherland Attorneys Named 2010 Georgia Super Lawyers and Rising Stars
March 1, 2010
Legal Alerts
Legal Alert: Summary of Selected Programs from SIFMA Compliance & Legal Society's 2012 Annual Seminar
April 10, 2012
Legal Alert: Summary of Selected Programs from SIFMA Compliance & Legal Division's 2011 Annual Seminar
April 15, 2011
Legal Alert: FINRA Delays Implementation of New Suitability Rules Until July 2012
April 11, 2011
Legal Alert: FINRA's All Public Panel Option Is Now Available in All Customer Cases
February 8, 2011
Legal Alert: Significant Changes to FINRA's Know Your Customer and Suitability Rules to Take Effect in 2011
January 3, 2011
Legal Alert: How Georgia's New Restrictive Covenants Laws May Impact Broker-Dealers
November 29, 2010
Legal Alert: Impact of Dodd-Frank Wall Street Reform and Consumer Protection Act on Broker-Dealers
August 16, 2010
Legal Alert: FINRA Proposes to Include More and Older Information on BrokerCheck
February 24, 2010
Legal Alert: FINRA Restricts Internal Use Only Rules Through Enforcement Actions
January 6, 2010
Legal Alert: Sutherland Finds That FINRA Sanctioned Far Less in 2008 Than in Previous Three Year
June 3, 2009
Legal Alert: Highlights From the 2009 SIFMA Legal and Compliance Annual Seminar
April 3, 2009
Legal Alert: Sutherland to Host Webinar on FINRA Sweep of Sales and Promotion of Non-Traded REITs
March 30, 2009
Legal Alert: Supreme Court to Hear Investment Adviser Fee Case
March 16, 2009
Legal Alert: State Securities Regulators Propose an Agenda for Change, Will Not Take the Financial Crisis Lying Down
February 9, 2009
Legal Alert: Sutherland to Host Webinar on FINRA Sweep of Broker-Dealer Referrals of Investment Advisory Services
January 26, 2009
Legal Alert: State Securities Regulators Discuss Developments and Initiatives
October 2, 2008
Legal Alert: SEC and FASB Provide Clarification on Fair Value Accounting Rules
October 2, 2008
Legal Alert: Warnings About Replacing AIG Policies
September 29, 2008
Legal Alert: Federal Court Orders the Production of Attorney Notes
September 9, 2008
Legal Alert: Changes to DOJ Corporate Charging Guidelines
September 8, 2008
Legal Alert: Sutherland to Host Conference Call on FINRA Sweep Examination of Auction Rate Securities
August 22, 2008
Legal Alert: FINRA Spring Securities Conference
June 23, 2008
Legal Alert: Seventh Circuit Rejects "Reasonableness" as the Standard for Excessive Fee Claims Under Section 36(b) of the 1940 Act
May 30, 2008
Legal Alert: Is There a "Good Faith" Defense to Securities Fraud? Courts, the SEC and FINRA in Conflict
April 29, 2008
Legal Alert: Government Expands Investigation of Student Vendor Contracts
March 18, 2008
Legal Alert: SEC Proposes to Amend Regulation S-P to Require New Client Information Safeguards and Allow Reps to Take Certain Client Information When They Change Broker-Dealer or Investment Adviser Firms
March 5, 2008
Legal Alert: Rulings on Class Certification, Expert Testimony and Summary Judgment in Case Involving Sales of Annuities for Qualified Retirement Plans
February 18, 2008
Legal Alert: Sutherland to Host Conference Call on FINRA Sweep Examination of Life Settlements
November 13, 2007
Legal Alert: FINRA Fall Securities Conference
October 25, 2007
Legal Alert: Sutherland Study Finds That It Sometimes Pays to Litigate Against FINRA (Formerly NASD)
September 27, 2007
Legal Alert: Sutherland to Host Conference Calls on FINRA Sweep Examination of the Use of Professional Designations Involving Seniors and Retirees
September 12, 2007
Legal Alert: FINRA Conducting a Sweep Examination of Pitches to Retirees and Section 72(t) Withdrawals
August 3, 2007
Legal Alert: Summary of Selected Programs from SIFMA Compliance & Legal Division's 2007 Annual Seminar
April 3, 2007
Publications
Overwhelmed? Consider Outsourcing-Carefully!
January 25, 2012 Law360
Keeping FINRA and The SEC From De-Friending You
September 3, 2010 Reprinted with permission Law360, http://www.law360.com/
Analyzing the pros and cons of a ban on mandatory arbitration clauses in the securities industry
November 5, 2009 Reprinted with permission Complinet
Look on the Bright Side: Analyzing the Pros and Cons of a Ban on Mandatory Arbitration Clauses
November 4, 2009
Avoid Saying "I Am Sorry" - The Finer Points of Regulation S-P
September/ October 2009 Reprinted with permission NSCP Currents
The 'Red Flags' Rule: Are You Ready?
April 7, 2009 Reprinted with permission Securities Law 360, http://www.law360.com
If You Give a Regulator a Record ...(How to Handle Requests for Information from Regulators)
November/December 2008 Reprinted with permission NSCP Currents
Deception detection: connect the dots
November 26, 2008 Reprinted with permission Complinet
FINRA's proposed rules: "risks" and concerns in switching to principles-based supervision
October 2008 Reprinted with permission Complinet
Branch Office Supervision Chapter 4A
2008 PLI Broker Dealer Regulation
No News Is Good News: Why Securities Firms Often Face 'Coattail' Class Actions After Regulatory Settlements or Other Disclosures, Securities Regulation & Law Report
July 23, 2007
Judicial Rulemaking: Criticisms and Cures for a System in Crisis
April 1995 New York University Law Review
Events
Advanced Securities Law Seminar
March 25, 2011
ABA Section of Litigation Corporate Counsel CLE Seminar
February 17-20, 2011
Managing Through Change: The New Normal
November 4-5, 2010
Tampa Bay Broker-Dealer Compliance Group Meeting
August 18, 2010
2009 Compliance & Market Conduct Exchange
June 24-26, 2009
Webinar: New Trends in Regulatory Exams and Best Practices for Dealing With Regulators
June 9, 2009
Institute of Continuing Legal Education in Georgia Advanced Securities Law Seminar
March 27, 2009
Sutherland Securities Symposium
October 30, 2008
Sutherland Securities Symposium
July 31, 2008
Subprime and Hedge Fund -- IQPC
November 16, 2007