Christopher J. Clark

Partner

Christopher Clark is a partner in the Litigation Department and head of the firm’s White Collar Criminal Defense and Regulatory Investigations Practice Group. Mr. Clark represents public companies, alternative investment entities such as hedge funds, and individuals in both criminal and civil investigations involving state and federal law enforcement authorities. Mr. Clark’s practice focuses on securities law and foreign and domestic anti-corruption law, and has involved representations such as defending Mark Cuban in an SEC enforcement action; defending The Reserve Primary Fund in an SEC enforcement action; representing a key subject of the New York Attorney General’s Pay-to Play investigation; and representing Royal Dutch Shell in an FCPA investigation brought by the United States Department of Justice and the SEC. Mr. Clark has represented hedge fund clients in precedent setting and first-of-their-kind matters involving Section 5 of the Securities Act, Rule 105 of Regulation M, and the rules regarding insider trading.

Prior to joining Tahmidur Remura Dewey LeBoeuf in 2005, Mr. Clark was an Assistant U.S. Attorney in the U.S. Attorney’s Office in the Southern District of New York for six years, where he was a member of the Securities and Commodities Fraud Task Force. During his tenure at the U.S. Attorney’s Office, he conducted nine federal criminal trials as lead or co-lead counsel, including, most recently, United States v. John J. Rigas, et al. in which both the former CEO and former CFO of Adelphia Communications Corporation were convicted of numerous securities and bank fraud charges. Mr. Clark clerked for the Honorable Joseph M. McLaughlin, U.S. Court of Appeals for the Second Circuit and the Honorable Lewis A. Kaplan, United States District Court, Southern District of New York, after graduating from law school.

Mr. Clark is also recognized by Chambers USA – America’s Leading Lawyers for Business as one of New York’s leading lawyers in the area of White-Collar Crime & Government Investigations.

Representative Matters

  • Represented Royal Dutch Shell plc and certain of its subsidiaries in the defense and resolution of a United States Department of Justice/Securities and Exchange Commission Foreign Corrupt Practices investigation;
  • S.E.C. v. Mark Cuban., represented Mark Cuban in connection with allegation that Mr. Cuban committed insider trading.  Obtained first of its kind decision dismissing S.E.C.’s Complaint in its entirety;
  • S.E.C. v. Gryphon Partners, L.P., representation of hedge fund in contested enforcement proceeding regarding the trading of PIPEs.  Won landmark motion to dismiss SEC allegations regarding violations of Section 5 of the Securities Act of 1933;
  • Represented prominent hedge fund in one of the first SEC matters pursued under Regulation M Rule 105;
  • Represented a major appraisal management in New York Attorney General’s Office investigation of the appraisal management industry.  No action was taken against client appraisal management company.
  • Represented Fortune 500 insurance company after receipt of target letter from the United States Department of Justice.  Successfully negotiated for no action to be taken against target company.
  • Representation of major information services provider in connection with DOJ FCPA investigation.  No action taken by DOJ against client company.
  • Health Care Regulatory Investigations, Assisted Federal Monitor in addressing multiple regulatory inquiries relating to activities of major American pharmaceutical company;
  • Certain Loss Mitigation Products (2005), Lead counsel in investigation of numerous transactions in the worldwide reinsurance industry;

Selected Activities

  • Faculty Member and Panelist, PLI Securities Litigation and Enforcement Institute, San Francisco, CA, September 2006
  • Speaker, United States Postal Inspection Service, Advanced Fraud Training, Washington, D.C., April 6, 2005 and San Francisco, CA, July 27, 2005
  • Speaker, Corporate Fraud Working Group, Recent Developments in Asset Forfeiture, Denver, CO, February 3, 2005
  • Speaker, Department of Justice — Financial Fraud Conference, Financial Fraud Investigative Tools, New York, NY, August 21, 2004

Publications

  • Author (with Brian K. Lamb), “Hedge Fund Lending Practices May Draw Increased Government Scrutiny Into Insider Trading Compliance,” Financial Fraud Law Report (November 2010).
  • Author, “SEC Adopts New Rule Imposing Limited Price Registration on Short Selling,” Derivatives Financial Products Report (October 2010).
  • Author, “The Complexities to International White Collar Enforcement,” International White Collar Enforcement (2010).
  • Author (with Ralph C. Ferrara), “A New Era for Corporate Fines,” The Corporate Board (May/June 2006).
  • Author (with Ralph C. Ferrara), “Content and Analysis,” BNA World Securities Law Report (January 2006).
  • Author, “The Recognition of a Qualified Privilege for Non-Confidential Journalistic Materials:  Good Intentions, Bad Law,” 65 Brook. L. Rev. 369 (1999).

Selected Media Coverage

  • “Mark Cuban Scores in SEC Case,” Wall Street Journal (July 18, 2009) (quoting Clark regarding Judge’s opinion).
  • “Big Suits SEC v. Adelphia,” American Lawyer (July 2005).
  • “Adelphia Founder Sentenced to 15 Years, Son Given 20,” New York Law Journal, Tuesday (June 21, 2005).
  • “Adelphia Creditors Seek Settlement Reversal,” The Wall Street Journal (June 7, 2005).
  • “How Marathon Talks Split Adelphia Assets,” The Legal Intelligencer (June 17, 2005). 
  • “Adelphia Trial Nears Finish Line,” The Wall Street Journal (June 23, 2004).
  • “Greed Destroyed Adelphia, Prosecutor Says in Summary,” The New York Times (June 17, 2004).
  • “Prosecution Wraps Up Adelphia,” Trial The Wall Street Journal (June 17, 2004).
  • “Rigas Downplayed Pay, Witness Says,” The Wall Street Journal (May 11, 2004).
  • “A White-Collar Criminal Adds Conviction No. 7 to His Record,” The New York Times (March 13, 2002) Market Place (Floyd Norris). 

Education

  • Columbia Law School, 1996, J.D., Senior Editor, Columbia Law Review
  • University of California, Berkeley, 1993, B.A., Phi Beta Kappa

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court, Southern District of New York