REPRESENTATIVE EXPERIENCE
Theodore L. Kornobis
Government Enforcement and White Collar Criminal Cases
Successful defense of a former executive at a Fortune 100 company in SEC litigation alleging
improper revenue recognition, resulting in all charges being dismissed after over four years of
litigation.
Representing several individuals in multiple international white collar criminal investigations
into alleged fraud, false statements, and violations of the Clean Air Act and other
environmental laws regarding vehicle emission certifications.
Defending several large financial institutions in False Claims Act (FCA) and FIRREA
investigations by the US Department of Justice, HUD, and Offices of Inspectors General
(OIG) regarding residential mortgage origination and servicing practices.
Represented biopharmaceutical company and its CEO in an extensive and wide-ranging SEC
enforcement investigation, resulting in a declination of enforcement action after successful
advocacy with the SEC staff.
Defended energy trading market participant in FERC investigation relating to compliance with
market rules by battery storage facility in CAISO market.
Defense of registered representative in FINRA investigation concerning allegations of misleading
statements in connection with bond market sales practices, resulting in successful declination
of enforcement action.
Defending members of mutual funds’ board of directors in SEC enforcement proceedings involving
fund asset valuation issues.
Represented rental car company in National Highway Traffic Safety Administration (NHTSA)
investigation regarding automobile safety recall obligations.
Defended individual in SEC litigation alleging fraudulent practices to artificially inflate the
price of securities and sell unregistered securities.
Represented investment adviser in parallel DOJ and SEC investigations relating to allegations of
fraudulent trading practices.
Represented energy trading firm and its principal in a FERC investigation related to potential
market manipulation and violation of market rules.
Representing mutual fund and variable annuity provider in SEC investigation regarding VA product
offerings and marketing.
Representing broker-dealer division of national financial institution in FINRA investigation
related to advertising and registration regulations.
Representing internet-based consumer marketplace in CFPB investigation, including formal
investigative hearings and responses to civil investigative demands.
Defense of emerging technology company in SEC investigation and testimony, resulting in
declination of enforcement action.
Internal Investigations
Leading several internal investigations for large financial services client covering allegations
of potential fraud and violations of securities laws and self-regulatory organization rules.
Conducting complex internal investigation for global financial institution regarding anti-money
laundering (AML) activities at broker-dealer subsidiary and branch offices.
Conducting internal investigation into possible violations of False Claims Act and Anti-Kickback
Act for federal government contractor, and assisting client with self-reporting to government
agencies.
Conducted internal investigation regarding allegations of financial fraud, environmental crimes,
public corruption, and retaliation involving utility company.
Assisting large financial institutions with internal investigations into issues involving
potential False Claims Act and FIRREA liability.
Conduct internal investigation for wealth management company regarding investment selection and
due diligence processes.
Conduct internal investigation for payment processing company regarding systems and controls
regarding use of customer funds and unclaimed property.
Private Litigation and Commercial Disputes
Successfully obtained dismissal of all claims against government contractor in False Claims Act
(FCA) qui tam litigation alleging fraud in connection with small business requirements in
government contracts.
Obtained dismissal of all counts against former CEO of manufacturing, energy, and
telecommunication company in federal securities class action lawsuit.
Defended and obtained summary judgment in favor of mutual fund provider in excessive fee
litigation in federal district court under Section 36(b) of the Investment Company Act, and
successful affirmance of decision on appeal to United States Court of Appeals for the Second
Circuit.
Successfully obtained dismissal of all claims against investment adviser and board members in
shareholder derivative lawsuit alleging breaches of fiduciary duty and contract in connection
with investment decisions by a mutual fund, and successful affirmance in United States Court of
Appeals for the Fifth Circuit.
Successful prosecution of claim on behalf of higher education institution in binding arbitration
involving issues of contract interpretation and employment law.
Representing companies and boards of directors in shareholder class action and derivative
lawsuits in federal and state courts, involving claims of federal and state securities law
violations, breaches of fiduciary duty, corporate dissolution, and common law claims.
Representing recreational facility in class-action litigation involving consumer statute and
contract claims.
Obtained dismissal of class action lawsuit against brokerage firm alleging breaches of contract
and tort duties in operation of online automatic trading platform, and successful affirmance in
United States Court of Appeals for the Eighth Circuit.
Successful defense of independent board members in federal shareholder derivative and class
action lawsuits alleging breaches of fiduciary duty and RICO violations, and successful
affirmance in United States Court of Appeals for the Second Circuit.
Appellate Litigation
Challenge to federal agency action in petition before United States Court of Appeals for the DC
Circuit under the Administrative Procedures Act, resulting in successful settlement modifying
challenged agency procedures.
Petition for writ of certiorari with the United States Supreme Court in connection with
representing a member of a public company’s board of directors in discovery dispute involving
white collar criminal issues.
Successful appeal of an adverse decision by the Department of Veterans Affairs regarding
benefits coverage for a veteran who experienced in-service exposure to harmful agent.
