Neil Lang is a member of Sutherland's Litigation Practice Group and heads the firm's Securities Enforcement and White Collar Litigation Practice Team. He has more than 25 years of experience in the areas of securities enforcement, compliance, disclosure issues and litigation. Neil represents public companies and individuals in a wide range of securities matters with particular emphasis on accounting and financial issues, and regulatory enforcement and litigation involving the Securities and Exchange Commission (SEC), self-regulatory organizations and private litigants. He advises broker-dealers, investment advisers and financial institutions on state and federal regulatory matters, disclosure issues and compliance matters. Neil is a former Chief Trial Attorney for the Division of Enforcement of the SEC. He has litigated dozens of cases involving issues of financial irregularities, market manipulations, penny stock offerings, insider trading accounting issues and proxy contests. Neil also served as general counsel of a public financial institution for more than five years. In that position, he worked with derivatives transactions, proxy contests, mergers and acquisitions, mortgage banking, and regulatory disclosure. Neil also oversaw the bank's affiliated broker-dealer operations and its internal audit function. Neil was a captain in the U.S. Army Judge Advocate General's Office. Representative Experience Neil's extensive representative experience includes: · Serving as counsel to the court-appointed Receiver over North American Clearing Inc., a major independent clearing broker. The receivership caused the distribution of more than $227 million in cash and securities to more than 11,000 customer accounts. · Representing a public company and its senior officers in connection with SEC and Department of Justice (DOJ) investigations involving financial reporting and fair value accounting. · Representing a significant small-business lender in connection with SEC, DOJ and United States Department of Agriculture (USDA) investigations of improper lending practices and financial reporting. · Representing the Chairman and CEO of Scansource Inc. in connection with SEC investigations of stock option backdating and in related class action and shareholder derivative litigation. · Conducting an internal investigation into allegations of improper revenue recognition and management integrity issues at the U.S. subsidiary of a multi-national corporation. · Conducting an internal investigation into allegations of breach of fiduciary duty, insider trading and improper revenue recognition by senior corporate officers and board members of a multi-national software development company. · Conducting an internal investigation for Immucor Inc. relating to unlawful payments to foreign officials under the Foreign Corrupt Practices Act (FCPA). Professional Honors and Awards · Named in The Best Lawyers in America in the area of securities law (2008-2011) Professional and Community Involvement · Member, Executive Committee and the Advisory Board of the Institute for Financial Market Regulation at the State University of New York at Albany · Former Adjunct Professor, Georgetown University Law School, teaching Professional Responsibilities in Corporate and Securities Matters Recent Publications and Speaking Engagements · Co-author, "Vantage Viewpoints: Inside and Outside Counsel Answer Readers' Questions," Partnering Perspectives (Winter/Spring 2010) · Author, "Congress Passes the Sarbanes-Oxley Act of 2002," Law and Business Review of the Americas, Volume 9, No. 2 (Winter 2003) · Author, "Documentation, Supervision, and Suitability: The NASDR's Mantra for Variable Products," The Investment Lawyer, Vol. 8, No. 5 (May 2001) · Author, "Earnings Management: Swept Away," The Review of Securities & Commodities Regulation, Vol. 33, No. 11 (June 13, 2000) · Speaker, "CLO/CCO Liability as Supervisors" Seminar (June 10, 2011) · Speaker, "Recent Changes in Enforcement Tactics," Society of Corporate Secretaries and Governance Professionals Mid-Atlantic Chapter's Fall Conference (September 21, 2009) · Chair and Speaker, Counsel to Counsel Forum: Up, Down & Sideways: A Closer Look at Practically Managing Inside/Outside Counsel Relationships (April 1-2, 2009) · Speaker, Sutherland Securities Symposium (October 30, 2008) · Speaker, Subprime Litigation & Enforcement Conference (October 28-29, 2008) · Speaker, FINRA/SEC Compliance and Enforcement: The Changing Broker-Dealer and Adviser Regulatory Landscape - Staying Ahead of the Curve (September 18-19, 2008) · Speaker, Securities Regulation Committee CLE Seminar (December 6, 2006) · Speaker, "To Thine Own Prospectus Be True," Conference on Life Insurance Company Products: Current Securities, Tax, ERISA, and State Regulatory Issues, ALI-ABA (November 4-5, 2004) Industries Retirement Products and Services News Sutherland beefs up securities enforcement practice
June 2, 2010 Reprinted with permission Daily Report Q&A With Sutherland's Neil Lang
August 4, 2009 Reprinted with permission Securities Law 360, http://www.law360.com How blogs broke Stanford story
February 23, 2009 Posted with permission BBC. Legal Alerts Legal Alert: Tenth Circuit Rules That Title Insurers Did Not Violate Antitrust Laws Even If They Allegedly Conspired to Bribe the State Superintendent of Insurance
May 3, 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: The Dodd-Frank Act: A New Era of Financial Regulation and the Implications for the Insurance Industry
August 3, 2010 Legal Alert: FINRA Issues Guidance for Broker-Dealers Participating in Private Offerings
April 29, 2010 Legal Alert: Supreme Court Clarifies Key Portion of Diversity Jurisdiction Statute
February 25, 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: Florida Supreme Court Ends Putative Class Action Alleging Numerous Florida Insurance Code Violations
December 1, 2009 Legal Alert: Ninth Circuit Overturns Denial of Class Certification in Action Involving Sale of Annuities to Senior Citizens; Orders Class Certified
August 31, 2009 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: Recent Developments Relating to Insurance Company Participation in the Treasury's TARP Program
November 19, 2008 Legal Alert: New Federal Rule of Evidence 502 Addresses Waiver of the Attorney-Client Privilege and Work Product Doctrine
October 10, 2008 Legal Alert: House Financial Services Subcommittee Approves the Insurance Information Act of 2008 to Create an Office of Insurance Information
October 10, 2008 Legal Alert: Impact of the Emergency Economic Stabilization Act and Related Developments on Insurance Companies
October 7, 2008 Legal Alert: Moving Forward with the Bailout - The Emergency Economic Stabilization Act of 2008 Becomes Law
October 3, 2008 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: Progress on the "Bailout" Proposal - The Senate Passes an Expanded Emergency Economic Stabilization Act of 2008
October 2, 2008 Legal Alert: The Evolving "Bailout" Proposal - Emergency Economic Stabilization Act of 2008
September 29, 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: Recent Class Action Developments in the Financial Services Industry
July 10, 2008 Legal Alert: FINRA Spring Securities Conference
June 23, 2008 Legal Alert: Sutherland Forms Regulatory Reform Task Force
June 12, 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: 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: Sutherland to Host Conference Call on FINRA Sweep Examination of Life Settlements
November 13, 2007 Legal Alert: CFTC Amends Commission Recordkeeping Rule with Goal of Improving Market Oversight
October 30, 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: FERC Stepping Up Enforcement Efforts
June 1, 2007 Legal Alert: Summary of Selected Programs from SIFMA Compliance & Legal Division's 2007 Annual Seminar
April 3, 2007 Legal Alert: Second Circuit Rejects Private Right of Action Under the Investment Company Act of 1940
March 20, 2007 Legal Alert: NASD Provides Guidance and Mandates Additional Procedures for Firms' Supervision of Representatives Transferring from Other Firms
February 21, 2007 Publications Vantage Viewpoints: Inside and Outside Counsel Answer Readers' Questions
Winter/Spring 2010 Partnering Perspectives Congress Passes the Sarbanes-Oxley Act of 2002
Winter 2003 Reprinted with permission Law and Business Review of the Americas,Volume 9, No. 2 Documentation, Supervision, and Suitability: The NASDR's Mantra for Variable Products
May 2001 Reprinted with permission The Investment Lawyer, Vol. 8, No. 5 Earnings Management: Swept Away
June 13, 2000 Reprinted with permission The Review of Securities & Commodities Regulation, Vol. 33, No. 11 Events CLO/CCO Liability as Supervisors - Webinar
July 7, 2011 CLO/CCO Liability as Supervisors
June 10, 2011 Society of Corporate Secretaries and Governance Professionals Mid-Atlantic Chapter Fall Conference
September 21, 2009 Counsel to Counsel (C2C) Forum
April 1, 2009 Sutherland Securities Symposium
October 30, 2008 Subprime Litigation & Enforcement Conference
October 28-29, 2008 FINRA/SEC Compliance and Enforcement: The Changing Broker-Dealer and Adviser Regulatory Landscape - Staying Ahead of the Curve
September 18-19, 2008 Securities Regulation Committee CLE Seminar
Wednesday, December 6, 2006 Conference on Life Insurance Company Products: Current Securities, Tax, ERISA, and State Regulatory Issues, ALI-ABA
November 4-5, 2004 (Also at Atlanta, Georgia Office) |