Experience
LCD Antitrust Investigation (individual representation)
In a price-fixing case against a Japanese national Hitachi executive related to its LCD products, Ms. Nall helped convince the DOJ that her client, initially considered a target of the investigation, was more appropriately a witness, and secured a complete victory with no prosecution.
McKesson HBOC Securities Litigation, civil and criminal actions
Represented acting CFO of public company as defendant in internal corporate investigation, federal civil class actions, S.E.C., and as target (but not-prosecuted witness) in federal criminal prosecutions involving alleging inflated earnings as a result of accounting fraud.
SEC Investigation re: Penny Stock Trading
In regard to an alleged insider trading lawsuit against a participant in several penny stock investment vehicles, successfully negotiated with the SEC that the client be viewed as a witness and not a target of the investigation.
SEC Investigation re: Quantitative Analysis Fund
Represented individual in SEC investigation into potential wrongdoing by hedge fund including failure to disclose errors in quantitative analysis model. Successfully negotiated with the SEC that the client be viewed as a witness and not a target of the investigation.
Securities Fraud
Currently representing targets and witnesses in various securities fraud investigations and trials.
- Representing targets and witnesses in various securities fraud investigations directed by SEC and U.S. Attorneys' Offices in San Francisco, Los Angeles, and Washington D.C.
- Tried complex criminal securities fraud cases to jury verdicts in U.S. District Court for the Northern District of California.
- Resolved federal criminal and SEC cases alleging revenue recognition fraud against former vice president of international sales of a publicly traded company.
- Resolved federal criminal insider-trading cases against high-tech engineer and attorney, including successful motions for downward departure at sentencing and probation in both cases.
- Defended former CFO in SEC investigation of revenue recognition and accounting fraud. No enforcement proceedings were filed.
- Represented controller of publicly traded company in parallel civil actions and SEC/DOJ investigations arising from securities fraud actions stemming from merger of pharmaceutical companies.
- Represented general counsel of public company in SEC investigation of possible SOX "reporting up" violation.
- Represented current and former officers and directors in state and federal derivative and shareholder litigation arising from alleged options backdating.
- Represented former outside director in state and federal cases brought by company special litigation committee against former management, board members, and others in connection with allegations of backdated stock options.
- Represented special committee of public national bank in investigation of bank's compliance with anti-money laundering statutes and related regulations.
- Representing CFO in DOJ prosecution and parallel SEC case relating to alleged backdating of stock option exercises and related tax evasion counts.
- Defending the founder and former CEO of public software company in connection with an SEC enforcement case pending in the Northern District of California (San Jose) alleging revenue recognition violations.
Environmental Actions
- Negotiated declination of prosecution, resolving criminal investigation of contractor for alleged hazardous waste and air emissions violations.
- Obtained civil resolution and dismissal of criminal charges against trucking company charged with hazardous waste violations under the California Corporate Criminal Liability Act.
- Resolved parallel criminal and administrative enforcement actions against manufacturer for alleged violations of federal fungicide and chemical reporting, registration and labeling requirements.
- Obtained civil resolution of criminal investigation of contractor for alleged Fish & Game and Water Code violations for discharge to creek.
- Resolved criminal investigation of company president and environmental manager for alleged Clean Air Act violations in demolition project.
- Negotiated resolution of criminal investigation of corporation and manager for alleged Fish & Game and Water Code violations in application of agricultural pesticide.
In re Amtel Derivative Litigation
Represented former CEO and executive vice president of a four billion-dollar technology company in federal and state derivative actions alleging stock options backdating.
In re Avant! Securities Litigation
In re Media Vision Securities Litigation
LCD Antitrust Investigation
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