Patrick
Montgomery

Government & Internal Investigation Matters

Counsel to financial institution in Massachusetts Attorney General investigation into certain practices related to collateralized loan obligations (CLO)

Counsel to global financial institution in investigations being conducted by numerous domestic and foreign regulatory authorities involving the benchmark WM/Reuters currency exchange rate

Counsel to public company in an SEC investigation into potential accounting and disclosure violations related to revenue recognition

Counsel to leading accounting firm in an SEC investigation into potential accounting misconduct by one of its financial institution audit clients, and possible associated audit failures

Counsel to public company in an SEC investigation into possible insider trading arising from a corporate takeover

Counsel to global financial institution in NYSE investigation into certain trading practices

Counsel to collateral manager of a leading fixed-income asset manager in an SEC investigation into sales practices relating to asset-backed and synthetic collateralized debt obligations (CDO) and associated credit default swaps

Counsel to publicly-traded company's board of directors in connection with FCPA-related internal investigations and government enforcement actions involving the U.S. Department of Justice and the SEC

Counsel to private equity firm and its senior executives in an SEC investigation into potential breach of fiduciary duty, self-dealing and related-party transactions

Litigation Matters

Defeated class certification on behalf of global financial institution in action brought in the U.S. District Court for the Southern District of New York alleging the client delayed execution of e-Trading foreign exchange orders to take advantage of market movements in its favor

Representing a global bank in connection with alleged fraudulent transfer claims in connection with the Bernard Madoff SIPA proceedings (S.D.N.Y.)

Successfully resolved dispute on behalf of group of investors in Delaware Chancery Court against allegations of breaches of fiduciary duty of disclosure and loyalty in connection with all-cash acquisition

Counsel to global financial institution in federal antitrust class actions alleging that foreign currency dealers conspired to manipulate the benchmark WM/Reuters currency exchange rate. Three of the putative class actions were dismissed and one was voluntarily discontinued after pre-motion conference

Representing a global financial institution in connection with multiple putative class actions asserting antitrust, RICO, CEA and common law claims based on alleged manipulation of USD LIBOR, Yen LIBOR, the Singapore Interbank Offered Rate, and the Australian Bank Bill Swap Rate

Represented CEO of Fortune 10 company in securities class action, shareholder derivative litigation and Delaware Section 220 books and records action

Counsel to newly public technology company and its officers and directors in defense of dozens of securities class actions and shareholder derivative lawsuits in courts around the country following one of the largest initial public offerings in history

Won summary judgment on behalf of leading private equity firm in defense of putative class action alleging failure to provide sixty-day notice of a mass layoff under the Federal and New Jersey WARN Acts. Trial court order affirmed by the U.S. Court of Appeals for the Third Circuit

Defense of automotive headlight manufacturer in suit claiming false advertising, fraud and misrepresentation in connection with promotional materials and packaging for certain headlight brands

Counsel to global financial institution in New York state court proceeding alleging breach of contract and related claims arising from a real estate lending transaction