Representative Experience

Phara has successfully advised clients on and represented clients in numerous significant matters, most recently including:

Complex Civil Litigation

• Represented an investment adviser and its principal as first-chair at trial in a matter involving more than US$100 million in False Claims Act allegations, all of which were dismissed.*
• Represented the former Chief Operating Officer of Singularity Future Technology Ltd., a NASDAQ-listed global logistics company, in class action securities litigation asserting Section 10(b) and Section 20(a) claims in the E.D.N.Y. Phara secured a complete dismissal of all claims against the executive, though the matter is still pending against other defendants.*
•  Represented an international telecommunications corporation in a breach of contract litigation, which was successfully resolved pre-trial.*
• Represented a family office in claims of fraud and conversion by a former executive officer, successfully obtaining a criminal attachment in Geneva and pursuing U.S. claims resulting in complete recovery by the client.*

State, Federal, and Global Investigations and Enforcement Matters

• Represented a real estate asset manager and service provider in an investigation by the SEC related to its cyber incident disclosures. The matter was settled favorably.*
• Represented a multinational Latin American conglomerate with U.S. operations in an investigation relating to accrual accounting issues. The matter was resolved confidentially.*
• Represented an international financial services company in an investigation by the CFPB regarding its loan servicing platform and other technology services provided. The matter was concluded without any enforcement action brought against our client.*
• Represented a think tank and its founder in an investigation by the DOJ regarding alleged campaign finance violations. The DOJ declined prosecution.*
• Represented a former chief officer of a cryptocurrency company in an investigation by the DOJ regarding alleged securities fraud. The DOJ declined prosecution.*
• Represented a hedge fund advisor in investigations by the DOJ and SEC regarding foreign account issues. The investigation was concluded without any charges being brought against our client.*
• Represented a large real estate investment firm in an investigation by the NYAG involving “pay-to-play” practices in connection with public pension fund investments. The investigation was kept confidential and concluded without any charges being brought against our client.*
• Represented a foreign exchange trader in connection with an investigation by the DOJ into alleged currency market manipulation related to swaptions trading as lead counsel. The investigation was concluded without any charges being brought against our client.*
• Represented a senior officer of the private banking division of an international investment bank in an investigation by the SEC related to accounting and disclosure issues as co-lead counsel. The matter settled favorably.*
• Represented a former portfolio manager of the hedge fund division of a U.K. alternative investment company in an investigation by the SEC and FCA. The investigation was concluded without any charges being brought against our client.*
• Represented a real estate investment firm in a joint investigation by the DOJ and the Federal Housing Finance Agency Inspector General’s Office. The investigation was kept confidential and concluded without any charges or civil claims being brought against our client.*
• Represented a futures, options and equity trading firm and its principal in a Regulation SHO investigation by the SEC and SROs. The investigation was concluded without any charges being brought against our client.*

Criminal Trials and Appeals

• Represented Matthew Connolly, former manager at Deutsche Bank, in U.S. v. Connolly, et al. as co-lead counsel at trial and appeal in a matter involving allegations of wire fraud in connection with LIBOR submissions brought by the Department of Justice in the Southern District of New York. Following a split jury verdict, our client was not sentenced to any term of incarceration after a significant sentencing departure. The Second Circuit ultimately overturned all counts of conviction and directed judgments of acquittal. Our precedent-setting victory was recognized by The American Lawyer. Our work in this case was twice nominated by Global Investigations Review (GIR) as Most Important Case of the Year for its impact on future investigations and by Law360 for initially securing a sentencing ruling without any period of incarceration.*
• Represented David Gibson, former Chief Financial Officer of Wilmington Trust Corporation, in U.S. v. Gibson, et al. as co-lead counsel at trial and appeal in a matter involving allegations of accounting and securities fraud brought by the U.S. Attorney’s Office for the District of Delaware. Our client’s conviction was overturned on all counts in a matter of first impression for the Third Circuit and the remanded counts were dismissed by the District of Delaware. The related SEC litigation was settled favorably. Our victories in this case have been recognized by The American Lawyer.*

Internal Investigations

• Conducted an internal investigation for the Audit Committee of a public international pharmaceutical company of allegations related to the Company’s financial statements, public statements, and management integrity.*
• Conducted an internal investigation for the Audit Committee of a public real estate development and management company of whistleblower allegations related to the Company’s financial statements and corporate expenditures.*
• Conducted an internal investigation for a federal agency related to workplace harassment allegations.*
• Conducted an internal investigation of a public automotive supply company involving whistleblower allegations of accounting fraud.*
• Conducted internal investigations for a leading state university system involving issues of accounting, disclosures and documentation.*
• Conducted an internal investigation for a not-for-profit institution involving alleged misuse of charitable resources.*
• Conducted an internal investigation for a major financial institution involving allegations of fraud relating to the institution’s credit lending and audit practices.*
• Conducted an internal investigation for a not-for-profit corporation involving allegations of accounting fraud.*

Pro Bono Counsel

• Pro bono counsel to Kaiser’s Room, a non-profit organization focused on providing arts programming to children with varying developmental profiles.*
• Pro bono counsel for Giffords Law Center to Prevent Gun Violence, providing legal support to defend challenges to state gun laws.*
• Pro bono counsel, active volunteer and supporter of PENCIL, a non-profit organization focused on collaborations between businesses and New York City public schools to increase students’ college and career readiness.*
• Pro bono counsel to the Duke Law Wrongful Convictions Clinic’s investigations and litigations of North Carolina inmates’ claims of actual innocence.*

*Matters handled prior to joining Foley.