This program provides a comprehensive overview of spoofing as well as recent trends, developments, and cutting-edge issues. The panelists, all highly experienced lawyers in this area, discuss the recent record-breaking spoofing settlements announced by the CFTC, and the overlapping and often coordinated investigations conducted simultaneously by multiple domestic and foreign regulators. We also explore the strategies used by the government to investigate and prosecute spoofing cases, and the implications for private litigation arising out of regulatory settlements.

Topics include:

  • Spoofing activities and affected markets
  • Criminal and civil liability triggers
  • Recent multi-agency trends and developments
  • Government investigation and prosecution strategies

View Slides (PDF)

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MODERATOR:

F. Joseph Warin is co-chair of Gibson Dunn's global White Collar Defense and Investigations Practice Group, and chair of the Washington, D.C. office's 200-person Litigation Department.  Mr. Warin's group is repeatedly recognized by Global Investigations Review as the leading global investigations law firm in the world. Mr. Warin is a former Assistant United States Attorney in Washington, D.C.  He is ranked annually in the top-tier by Chambers USA, Chambers Global, and Chambers Latin America for his FCPA, fraud and corporate investigations experience.  Among numerous accolades, he has been recognized by Benchmark Litigation as a U.S. White Collar Crime Litigator "Star" for ten consecutive years (2011–2020).

PANELISTS:

Joel M. Cohen is co-chair of Gibson Dunn's global White Collar Defense and Investigations Practice Group, and a member of its Securities Litigation, Class Actions and Antitrust & Competition Practice Groups. He has been lead or co-lead counsel in 24 civil and criminal trials in federal and state courts, and he is equally comfortable in leading confidential investigations, managing crises or advocating in court proceedings. Mr. Cohen's experience includes all aspects of FCPA/anticorruption issues, in addition to financial institution litigation and other international disputes and discovery.

Jeffrey L. Steiner is a partner in the Washington, D.C. office, where he co-leads the firm's Derivatives practice and is co-leader of the firm's Digital Currencies and Blockchain Technology team practice. Mr. Steiner advises financial institutions, dealers, hedge funds, private equity funds, and others on compliance and implementation issues relating to CFTC, SEC, the Dodd-Frank Act, and other banking rules and regulations. He also helps clients to navigate through cross-border issues resulting from global derivatives requirements. Before joining the firm, Mr. Steiner was special counsel in the Division of Market Oversight at the CFTC where he handled issues relating to trading and execution of futures and swaps. He has been recognized by Chambers Global and Chambers USA as an international leading lawyer for his work in derivatives, and was named a Cryptocurrency, Blockchain and Fintech Trailblazer.

Darcy C. Harris is a litigation associate in the New York office. She is a member of Gibson Dunn's Securities Enforcement, Securities Litigation, and White Collar Defense and Investigations Practice Groups. Ms. Harris's practice focuses on complex commercial litigation, internal and regulatory investigations, securities litigation, and white collar defense.  She has represented clients across a variety of industries, including financial services, insurance, accounting and auditing, healthcare, real estate, consumer goods, media and entertainment, and non-profit.

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hour, of which 1.5 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

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