Neil S. Lang

Neil S. Lang: Attorney with Eversheds Sutherland (US) LLP AV stamp icon
Attorney Awards

Biography

Neil Lang represents public companies, their officers and directors, brokers, investment advisers and individuals in government and regulatory investigations, enforcement and litigation involving, among others, the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), state regulatory agencies, the Financial Industry Regulatory Authority (FINRA) and private litigants. He advises public companies, broker-dealers, investment advisers and financial institutions on federal and state regulatory matters, disclosure issues and compliance matters.

A member of Eversheds Sutherland (US)'s Litigation Practice Group, Neil helped build the firm’s Securities Enforcement and Litigation and White Collar Defense Practice teams. He has more than 25 years of experience in securities enforcement, compliance, corporate governance disclosure issues, internal investigations and litigation.

A former chief trial attorney for the Division of Enforcement of the SEC, Neil has litigated dozens of cases involving allegations of financial fraud, fair value improprieties, market manipulation, insider trading, accounting irregularities and proxy violations. He was also an Executive Vice President and General Counsel of a publicly traded financial institution. He brings years of enforcement, regulatory and business experience to his practice, as well as an insider's working knowledge of the SEC's perspectives and public company internal dynamics and pressures.

Awards and Rankings

Recognized as “Lawyer of the Year” by The Best Lawyers in America in the area of litigation - securities (2015, 2017)

Named in The Best Lawyers in America in the areas of litigation, securities law and securities regulation (2008-2019)

Selected for inclusion into Washington, D.C. Super Lawyers (2012-2015)

Experience

Completed an internal investigation into allegations of improper revenue recognition and management integrity issues at the U.S. subsidiary of a multinational corporation.
Conducted an internal investigation of improper dissemination of research for a financial services company.
Represented the former CEO and board chairman of a public company in securities class action and derivative lawsuits that were resolved on favorable terms.
Defended a public company in a GSA debarment proceeding involving alleged violations of the FCPA.
Resolved a multidistrict class action on behalf of several individual respondents, with no costs owed by the clients.
Defended a public company in an SEC insider trading investigation in which the SEC declined to pursue disciplinary action.
Represented a significant regional broker-dealer in an insider trading inquiry in which the SEC and DOJ did not pursue disciplinary actions.
Represented a public company in an inquiry by the SEC into alleged insider trading related to the company's merger, and the SEC declined to pursue any action.
Defended a broker-dealer affiliate of a major insurance company in a FINRA investigation into allegations of suitability, supervision and other matters.
Conducted an internal investigation into corporate governance, management integrity and quality control issues following the voluntary recall of our client's premiere product.
Represented a major insurance subsidiary in a FINRA investigation of gifts and gratuities.
Conducted an internal investigation for a public company on allegations of improper pressures being placed on internal audit department staff.
Defended an independent public accounting firm and individuals in a PCAOB investigation into alleged audit and examination failures.
Defended a public company and several of its officers in an SEC inquiry, which expanded to include several U.S. attorneys’ offices and a number of other regulatory agencies.
Represented the only Arthur Andersen engagement partner of Enron who was not charged civilly or criminally.
Served as court-appointed receiver for a major independent clearing broker, overseeing the distribution of more than $227 million in cash and securities to customers.
Represented a small business lender in SEC, DOJ and USDA investigations into alleged improper lending practices and financial reporting.
Represented the former chairman and CEO of a computer hardware distributor in class and derivative actions involving allegations of option back dating, as well as in related internal and SEC investigations.

Publications

“Representing companies and individuals in high stakes regulatory investigations is not a bloodless exercise. Clients whose reputations, careers and livelihood are at stake need not only capable and zealous counsel, but a guide they trust to help them navigate the regulatory labyrinth.”

Legal Alerts

Legal Alert: The SEC’s litigation against a firm for allegedly inadequate disclosure of shareholder service fees and 12b-1 fees (January 28, 2019)
During the past several years, the US Securities and Exchange Commission (SEC) has settled more than a dozen cases where the SEC alleged (with the firms neither admitting nor denying the charges) ...

Legal Alert: The other shoe has dropped - The SEC follows up with firms that didn’t self-report under the share class initiative (December 12, 2018)
The Share Class InitiativeOn February 12, 2018, the Division of Enforcement of the US Securities and Exchange Commission (SEC) announced the Share Class Selection Disclosure Initiative ...

Legal Alert: Highlights from the SIFMA AML and Financial Crimes Conference (February 22, 2018)
On February 12-13, 2018, members of the securities industry, regulators and financial crime experts met in New York City at the Securities Industry and Financial Markets Association (SIFMA) ...

Legal Alert: A view from an SEC regional office on examination findings (February 1, 2018)
On January 11 and 19, 2018, the Fort Worth, Texas Regional Office (the Office) of the Securities and Exchange Commission (the SEC) hosted conference calls during which the Director and Associate ...

Legal Alert: Court declares an obey-the-law injunction to be a penalty subject to 5-year statute of limitations (December 20, 2017)
On December 13, 2017, a New Jersey federal judge dismissed the US Securities and Exchange Commission’s (SEC) civil action against the owner of a broker-dealer for his alleged involvement in a $17 ...

Legal Alert: Seventh Circuit Upholds First-Ever “Spoofing” Conviction (August 14, 2017)
On August 8, 2017, a three-judge panel of the US Court of Appeals for the Seventh Circuit unanimously upheld the first-ever criminal conviction of a New Jersey futures trader for the manipulative ...

Legal Alert: US Supreme Court Intimates That the SEC’s Use of Disgorgement May Be Subject to Five-Year Statute of Limitations (April 20, 2017)
On April 18, 2017, the US Supreme Court heard oral arguments in Kokesh v. Securities and Exchange Commission regarding whether disgorgement ordered by the US Securities and Exchange Commission (SEC) ...

Legal Alert: FINRA Is Ready to Lace-up and Focus on “Blocking and Tackling”: FINRA’s 2017 Priorities and Related Enforcement Actions (January 30, 2017)
As the football season was winding down, on January 4, 2017, the Financial Industry Regulatory Authority (FINRA) published its 2017 Annual Regulatory and Examination Priorities Letter.1 According to ...

Legal Alert: FINRA’s Projected 2015 Fines: Not Keeping Pace With 2014’s Total, But Still a Blockbuster Year (September 21, 2015)
Despite a slowdown in the fines reported in 2015, the Financial Industry Regulatory Authority (FINRA) has continued to flex its enforcement muscle so far this year. During the first half of 2015, ...

Legal Alert: Unclaimed Property Audit Primer for Broker-Dealers (April 28, 2015)
BackgroundThe same State Treasurers and contingency-fee unclaimed property auditors that focused on the life insurance industry are now turning their attention to broker-dealers. Sutherland has ...

Articles

Challenges to the SEC’s Enforcement Remedies (Fall 2017)
Partnering Perspectives
In June 2017, the US Supreme Court unanimously held in Kokesh v. Securities and Exchange Commission that disgorgement as a remedy in SEC civil injunctive actions is subject to the five-year statute ...

Securities Regulation in United States, chapter in treatise International Securities Regulation (2016)
Thomson Reuters 2016

2015 Amendments to the Federal Rules of Civil Procedure (November 24, 2015)
The Litigation Practice Group of Sutherland Asbill & Brennan LLP has published “2015 Amendments to the Federal Rules of Civil Procedure.” This publication reflects important changes to the Federal ...

Clawbacks: How Far Will the SEC Go to Recapture Executive Compensation? (Summer 2012)
Partnering Perspectives

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 from 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 from The Review of Securities & Commodities Regulation, Vol. 33, No. 11

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Fall 2017)
With the US poised to decrease regulation and the outcome of Brexit unknown, multinational institutions face a great deal of unpredictability in the regulatory landscape. We are pleased to present ...

Books

International Securities Regulation-Securities Regulation in the United States (2013)
Thomson Reuters
Sutherland Asbill & Brennan LLP Partners Greg Kaufman, Neil Lang, and the late Deborah Heilizer have co-authored the 2013 edition of International Securities Regulation-United States Chapter ...

Presentations

“The SEC and other regulators have created a target-rich enforcement environment. This environment enables them to exercise a great deal of discretion in choosing who to sue. Our job is to help clients avoid being the target.”

Presentations

Webcast: Key issues in SEC Enforcement (October 28, 2016)
American Bar Association
Sutherland attorney Neil Lang presents Key issues in SEC Enforcement a webcast hosted by the American Bar Association on October 28, 2016.

Recent Trends in Securities and Exchange Commission Enforcement (October 31, 2013)
myLawCLE
Sutherland partner Neil Lang is participating in a panel discussion on recent trends in SEC enforcement. Key topics to be discussed include the recent wave of insider trading cases, cases brought ...

2013 New York Series: Hot Topics in Private Investment Funds (May 21, 2013)
Sutherland Series
Sutherland’s Private Funds team invites you to join us for a series of events discussing issues facing private investment funds. Sutherland attorneys will discuss annual reviews, capital raising, ...

Update on BDC Industry (September 12, 2012)
Sutherland 2012 BDC Roundtable
Sutherland attorneys Steve B. Boehm, Cynthia M. Krus, John J. Mahon, Harry S. Pangas, John H. Walsh, Scott M. Hobby, Neil S. Lang and Deborah G. Heilizer are speaking at the 2012 BDC Roundtable on ...

CLO/CCO Liability as Supervisors (July 7, 2011)
Webinar
Sutherland Partners Neil S. Lang and Brian L. Rubin will speak at the Sutherland Webinar CLO/CCO Liability as Supervisors, on July 7, 2011. Neil and Brian will discuss CLO/CCO liability and the ...

CLO/CCO Liability as Supervisors (June 10, 2011)
Sutherland Seminar
Recent cases are redefining the boundaries of when legal and compliance personnel will be deemed liable for supervisory failures. In this one-hour seminar, we will review and analyze: • The recent ...

Recent Changes in Enforcement Tactics (September 21, 2009)
Society of Corporate Secretaries and Governance Professionals Mid-Atlantic Chapter Fall Conference
Sutherland Partner Neil S. Lang is speaking at the Society of Corporate Secretaries and Governance Professionals Mid-Atlantic Chapter’s Fall Conference on Monday, September 21, 2009, at the offices ...

Up, Down & Sideways: A Closer Look at Practically Managing Inside/Outside Counsel Relationships (April 1, 2009)
Counsel to Counsel (C2C) Forum
Sutherland Partners Cynthia M. Krus and Neil S. Lang are co-hosting the Counsel to Counsel (C2C) Forum: Up, Down & Sideways: A Closer Look at Practically Managing Inside/Outside Counsel ...

Sutherland Securities Symposium (October 30, 2008)
Attorneys from Sutherland's securities regulatory, enforcement and litigation practice groups will host securities symposia for attorneys and compliance officers affiliated with broker-dealers and ...

Refuting Inadequate Disclosure, Fiduciary Duty and Suitability Claims (October 28, 2008 - October 29, 2008)
ACI Subprime Litigation & Enforcement Conference
Sutherland Partners Neil S. Lang and S. Lawrence Polk are speaking at ACI’s Subprime Litigation & Enforcement Conference, October 28-29, 2008, at the Millennium Broadway Hotel in New York City. Neil ...

Multimedia

Videocast: What Every Fund Director Should Know About Valuation (May 10, 2013)
Given the SEC’s recent focus on valuation-related enforcement cases, Sutherland attorneys Neil Lang and Cynthia Krus provide practical guidance for every fund director about what the director’s role ...

(Also at New York, New York Office)

Areas of Practice (16)

  • Securities Enforcement & Litigation
  • Litigation
  • Financial Services
  • Broker-Dealer
  • Investment Adviser
  • Class Action Defense
  • Financial Services Litigation
  • Securities & Corporate Governance
  • Corporate Crime and Investigations
  • Professional Liability
  • Internal Investigations
  • Commodities Enforcement & Investigations
  • Director & Officer Liability
  • Insurance
  • Crisis Management
  • Securities Fraud Class Action

Education & Credentials

Contact Information:
202.383.0277  Phone
www.eversheds-sutherland.com
University Attended:
City College of New York, B.S.
Law School Attended:
St. John's University School of Law, J.D., Associate Editor, St. John's Law Review, Associate Editor, The Catholic Lawyer
Year of First Admission:
1968
Admission:
1981, District of Columbia; 1968, New York
Memberships:

Professional Activities
Member, Executive Committee of 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

Birth Information:
New York, New York, 1942
ISLN:
905642343

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (4)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

Contact Neil S. Lang

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