Our White Collar Experience

HRO’s white collar defense practice covers a wide variety of areas, including alleged securities fraud, deceptive consumer practices, financial services, antitrust, customs and export controls, environmental violations and regulatory compliance, False Claims Act/Qui Tam litigation, financial institution fraud, Foreign Corrupt Practices Act, government procurement fraud, healthcare fraud and abuse, insurance fraud, mail and wire fraud, Money Laundering and Bank Secrecy Act, public corruption and RICO, and tax offenses. HRO’s team has represented our clients in a wide range of governmental investigations arbitrations and administrative proceedings, and has participated in all iterations of formal and informal alternative dispute resolution.

Our trial lawyers appear in matters pending in administrative proceedings before the Securities and Exchange and Exchange Commission (SEC), the Colorado Securities Board and federal and state courts nationwide as well as in front of the United States Supreme Court. HRO is an acknowledged leader in the representation of management in public and private corporations, boards of directors, as well as other individuals associated with a broad range of government investigations, enforcement actions, and internal investigations.

Businesses and private citizens in the US and abroad are confronted with greater government scrutiny and enforcement. The alignment of criminal and civil regulatory authorities when conducting investigations of alleged wrongdoing has increasingly blurred the line that separates criminal, civil and administrative offenses, resulting in heightened risks while performing business transactions, both at home and internationally. HRO brings particular strengths to bear when representing corporations or individuals facing investigation or criminal charges.  The optimal outcome for clients is of course to avoid prosecution; our significant government experience helps us guide our clients through the complex and intimidating investigative process.

Our vast experience with compliance programs helps us advise our clients on best practices to prevent criminal problems from occurring. But if clients face criminal charges, we have the wide-ranging trial experience to conduct a rigorous defense. The firm also manages investigations and civil and administrative proceedings before regulatory bodies such as the SEC, the FINRA (formerly known as the NASD), the Federal Trade Commission, the Internal Revenue Service, the Public Company Accounting Oversight Board (PCAOB), the Colorado Division of Securities, banking regulators and state attorneys general. Additionally, we represent companies and individuals in connection with Congressional investigations and inquiries. HRO is well positioned to assist our clients with complex legalities when business conduct results in concurrent criminal, civil and/or administrative proceedings that require a strategically coordinated response.

Boards of directors and board committees often utilize HRO to conduct internal investigations into potential irregularities, including allegations of accounting and other improprieties government enforcement agencies or whistleblowers raise, and to provide direction on corporate governance issues. A rapid and complete internal investigation, preferably conducted before government intervention, or else before the government’s investigation is finalized, clients are better positioned to obtain a positive outcome, including the possibility of a declination.

The firm frequently counsels its clients regarding setting up and implementing business ethics compliance programs and provides advice with respect to specific compliance concerns, including those related to the Foreign Corrupt Practices Act.  Specifically, we have an active compliance practice representing public companies, financial services firms and financial institutions on preventive and remedial measures prior to and following the occurrence of securities-related issues regarding lending practices and money laundering issues.

HRO’s wide range of practice experience permits us to offer a full spectrum approach to meeting our clients’ varied needs. Criminal and government enforcement activity usually does not appear in isolation; instead, they typically occur side by side with civil litigation or congressional investigations. Our team drives a capable and comprehensive defense process, and our 250+ attorneys in the US and in Europe who practice in fields such as securities, antitrust, healthcare, financial and banking institutions, government, tax, commercial law, real estate, and environmental law are ready to assist.

Our Securities Litigation Experience

HRO’s securities trial lawyers have extensive experience in many large complex commercial cases, including RICO actions; securities fraud class actions; raiding cases; derivative actions; fiduciary duty actions and lender liability cases; and regulatory investigations and enforcement actions brought by the SEC, NYSE and FINRA.  Our clients include public and private corporations, underwriters, broker-dealers, investment companies and advisors, and other investment professionals.

In the securities litigation area, we have successfully defended local and nationally-based clients against the leading plaintiffs' securities law firms in the country. Not only are our securities litigation attorneys seasoned trial lawyers, they implement alternative dispute resolution methods, including arbitrations, mediations, and judicial settlement conferences to benefit our clients. Our attorneys have represented clients in arbitrations before the FINRA and NYSE.

HRO brings to the table an impressive record of success in the defense of securities cases. We often have achieved these successes early in the litigation by challenging frivolous claims or by questioning the certification of improper shareholder classes.

Representation of Issuers And Underwriters

Our lawyers have extensive experience defending issuers and underwriters in securities class actions, typically following initial public offerings or after-market events impacting the price of an issuer's securities.

We have represented issuers from all major industries, including telecommunications, high technology, health care, natural resources, financial services, and manufacturing.  We have also represented many of the nation's leading underwriters and investment banking firms when they have faced litigation in this region.

Our areas of experience include the federal and state laws and regulations applicable to securities offerings and due diligence responsibilities of issuers and underwriters. Our clients frequently consult us to minimize or avoid the risk of litigation.

SEC Enforcement Actions and Regulatory Proceedings

HRO defends clients in investigations, enforcement actions, and other regulatory inquiries and proceedings initiated by the SEC, NYSE, FINRA, and state securities administrators.

Our clients are corporate and municipal issuers, underwriters, broker-dealers, investment companies, investment advisors, and professional firms, as well as individual officers, directors and employees targeted for investigation.

We have defended our clients in a variety of matters, including cases involving allegations of market manipulation, mutual fund abuses, insider trading, fraudulent corporate and municipal disclosure, improper trading of derivatives, and fraudulent securities underwriting and sales practices.

Representation of Broker-Dealers, Investment Companies and Advisors

HRO represents securities firms in the defense of class action litigation and individual lawsuits and arbitrations.  Our experience includes the successful defense of numerous cases arising out of the underwriting of corporate and municipal securities and the underwriting of limited partnership offerings. In addition, we regularly try and win cases involving customers' allegations of market manipulation, improper sales practices and negligent supervision of registered representatives.  Most often we represent these clients in arbitrations conducted by the FINRA and NYSE.

Increasingly, our securities industry clients have asked us to represent them in employment law matters, including employee raiding cases, enforcement of non-compete agreements, misappropriation of client lists and other trade secrets, and wrongful termination and defamation claims arising from the severance of individual registered representatives.

Representation of Accountants and Other Professionals

HRO represents accounting firms and other professionals in securities litigation matters.

Appellate Litigation

HRO is one of the only law firms in the region with a long-established appellate litigation practice.

Our Litigators

Our team consists of former Assistant U.S. Attorneys, attorneys from the U.S. Department of Justice with the Organized Crime & Racketeering Section, former SEC enforcement attorneys, former tax litigators for the IRS Office of Chief Counsel, and career criminal defense, white collar, and securities litigation attorneys.