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Enforcement & Investigations (Financial Sector)
- Investment adviser to a hedge fund, and its principals, in SEC and CFTC enforcement investigations concerning the actions of a rogue trader who had mismarked positions in interest rate swap and related option trades
- Major financial institution in internal investigation regarding compliance with Investment Company Act of 1940
- Senior executive of a major financial institution in connection with CFTC investigation regarding pricing of interest rate swaps
- Investment adviser and affiliated distributor in an SEC enforcement matter concerning fees paid for the distribution of registered funds
- Several investment advisers in complex, cross-border internal investigations concerning valuation and marketing compliance issues involving several large venture capital and private equity funds
- Investment advisers in several EBSA investigations concerning compliance with the Employee Retirement Income Security Act of 1974
Enforcement & Investigations (Other Sectors)
- Former CFO and former Controller of a publicly-traded construction company in SEC enforcement investigation concerning revenue recognition and financial reporting fraud
- Automotive equipment manufacturer in parallel investigations by, among others, the National Highway Traffic Safety Administration (NHTSA) and several congressional committees in connection with the largest automotive recall in United States history
- Pharmaceutical distributor in a civil enforcement action by Department of Justice alleging non-compliance with Controlled Substances Act and related Drug Enforcement Administration regulations
- Pharmaceutical manufacturer in investigations by committees of the U.S. Senate and House of Representatives relating to prescription drug price increases
- Publicly-traded technology company in SEC investigation concerning revenue recognition issue
- Technology company in a NHTSA recall concerning a safety-related defect in lithium ion batteries that were installed in vehicle-mounted tablet computers
Commercial, Securities, and Administrative Law Litigation
- Former officers and directors of a Special Purpose Acquisition Company (SPAC) in several civil actions alleging violations of securities laws and breach of fiduciary duties (several jurisdictions)
- Independent Community Bankers of America in federal court action challenging a final rule of the National Credit Union Administration relating to commercial lending by insured credit unions (E.D. Va.)
- Former government official as amicus in support Fannie Mae and Freddie Mac shareholders challenging action of Federal Housing Finance Agency (U.S. Supreme Court)
- U.S. Chamber of Commerce and Investment Company Institute as amici in support of MetLife, Inc.’s challenge to its designation as “too big to fail” by the Financial Stability Oversight Council under the Dodd-Frank Act (D.D.C. & D.C. Cir.)
- Independent Community Bankers of America as an amicus in support of a challenge to the National Credit Union Administration’s Field of Membership rule (D.D.C.)
- Real estate investor in disputes with former business partner concerning ownership and control of prominent New York hotel (AAA Arbitration & New York Supreme Court, Commercial Division)
- Defense subcontractor in contract disputes with prime contractor (Virginia state court & Dubai-based arbitration)
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- The 2022 Monaco Memorandum: Changes to DOJ Corporate Enforcement Policy, CPI Antitrust Chronicle (February 2023)
- U.S. Justice Department Announces Substantial Revisions to Corporate Enforcement Policy – The Journal of Federal Agency Action – Volume 1, Number 1 (January-February 2023)
- Compensation Clawback Crackdowns – An Emerging Enforcement Focus, FCPA Professor, November 7, 2022
- The 2022 Monaco Memorandum: Changes to DOJ Corporate Enforcement Policy, CPI Antitrust Chronicle (February 2023)
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- American Bar Association, Section of Administrative Law & Regulatory Practice
- Hispanic National Bar Association
- Leadership Council on Legal Diversity (2023 Fellow)
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d.brett.kohlhofer@dechert.com
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+1 202 261 3349
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+1 202 261 3333
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Office
Washington, D.C.
1900 K Street, NW, Washington, DC, United States of America 20006-1110-
+1 202 261 3349
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+1 202 261 3333
Education
- Southern Methodist University, B.A., Political Science, 2008, Pi Sigma Alpha
- Southern Methodist University, B.B.A., Finance, 2008
- Boston College Law School, J.D., 2013, cum laude, Order of the Coif, Development Editor of Uniform Commercial Code Reporter-Digest, Recipient of the John D. O'Reilly, Jr. Award for Overall Contribution to the Boston College Law School Community
Admission
- District of Columbia
- Massachusetts
- New York
- United States Court of Appeals for the District of Columbia Circuit
- United States District Court for the District of Columbia
- United States District Court for the Southern District of New York