Within the financial services industry, Farella represents businesses that manage money, including banks; credit-card, insurance, and finance companies; venture capital, private equity, and crypto currency enterprises; investment funds and individual managers; and more. They rely on Farella’s expertise in practice areas of critical importance to the industry and the firm’s understanding of specific challenges facing their clients in these areas.

Banking and Finance

Many of our clients are closely-held companies or individuals who use private equity and venture capital to expand their business interests. From early-stage to pre-IPO, we advise on and help structure investment capital deals that enhance companies’ values. Likewise, we represent private equity, venture capital, and corporate investors in negotiating and documenting investments in companies at any stage of development. We work with investors and their portfolio companies on appropriate management structures and exit strategies, including sales to strategic buyers and public offerings.

With an emphasis on secured transactions, we advise borrowers and lenders in commercial and real estate single loan, portfolio, and other structured financing transactions and the sale or acquisition of financial assets.

Insurance

For financial institutions, venture capital funds, crypto currencies, and more, we provide advice on insurance coverage issues, the placement of programs for these complicated entities, and methods for maximizing insurance recovery. For example, we recently helped a venture capital client navigate claims from various investors and regulators to maximize proceeds and assisted another client that specializes in incubation, early stage, and growth company investments in resolving various insurance problems related to the financial difficulties of their portfolio companies.

White Collar Crime and Securities Fraud

Our white-collar crime team has extensive experience conducting internal corporate investigations for audit committees and boards and advising on the myriad of complex and sometimes conflicting issues that arise for companies in the financial services industry. Often, we represent individuals—current or former officers, directors or employees of banks—who are subjects of such investigations.

In Securities and Exchange Commission fraud cases, we represent defendants in civil class actions, SEC investigations leading to civil enforcement cases, and grand jury investigations leading to criminal charges. We provide early assessment of civil, administrative, and criminal exposure to develop a coordinated defense and help clients navigate high-stakes decisions. Our early approach strategy frequently reduces the likelihood that one proceeding will have serious and unalterable repercussions on the direction and ultimate outcome of parallel investigations and filings.

In cases of financial fraud, international arbitration, antitrust, contract disputes, and consumer claims, often in class actions or agency litigation, our lawyers are known for developing novel theories. In a recent example, our team obtained the dismissal of a U.S. Commodity Futures Trading Commission (CFTC) $300 million fraud action against a former adversary in a “blockbuster” decision which, for the first time, found no Dodd Frank CFTC general fraud jurisdiction.

Crypto Currency

As crypto currency evolves, it presents some of the most challenging legal questions and high-risk issues in the regulatory and insurance areas. In one case, we defended a leading crypto currency and blockchain company against claims that its initial coin offering (ICO) was an unregistered security and as such the management liability carrier denied coverage based on the “securities offering” and “prior claim” exclusions. Our successful arguments reversed the claim and resulted in significant recovery for our client.

In other work, we advised on reputable sources and transactions for funding with crypto, represented a client being investigated by the SEC for allegedly touching crypto assets as a third party, and won a major victory in a Commodities Futures Trading Commission claim in the 9th Circuit that, if upheld, will have a major impact on regulatory enforcement in the crypto area.

Firm Highlights

Publication

Individual Accountability in the Huawei Trade Secrets Prosecution

In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February...

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Event

North Coast Cannabis Industry Conference

Farella Braun + Martel is proud to underwrite the North Coast Cannabis Industry Conference featuring keynote speaker Aaron Smith, co-founder and executive director of the National Cannabis Industry Association. The event will also feature...

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Event

CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split

Sarah Bell will speak on the Strafford live webinar, "CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split." This CLE webinar will discuss the "indirect discharge" theory of Clean...

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Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example,...

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Event

Non-Profits, #MeToo and Talent Management in 2019

Barbara Murphy, Chandra Andrade and Rebecca Stephens, speakers, Non-Profits, #MeToo and Talent Management in 2019

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Publication

Attorney General Finds Impact Fees on Density Bonus Projects Invalid

In response to questions from a variety of cities across the state regarding the application of “public benefit fees” to density bonus projects, the State Attorney General’s Office published an opinion on April 9...

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Publication

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out...

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News

Daily Journal Names Jeff Fisher Among Top IP Lawyers in California

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News

Farella Braun + Martel Named Among the Best Places to Work in the Bay Area 2019

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News

How to Plan for a Smooth Transition of Your Family Business

Family Wealth Senior Associate Lauren Galbraith discusses how family internal dynamics play a role in transferring significant assets, especially a business, between generations. Link to read the full article.

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