Eric R. Swibel

  • Partner
  • 330 North Wabash Avenue, Suite 2800
  • Chicago, IL 60611
  • USA
  • T +1.312.777.7185


Eric Swibel is Co-Chair of the Litigation & Trial Department in the Chicago office of Latham & Watkins and a member of the Securities Litigation & Professional Liability and White Collar Defense & Investigations Practices. He represents global clients in government investigations, internal investigations, and litigation in federal and state courts.

Mr. Swibel advises public and private companies, broker-dealers, investment advisers, private equity firms, hedge funds, as well as officers and directors. He helps clients navigate:

  • Internal investigations
  • SEC enforcement investigations related to:
    • Accounting
    • Disclosures
    • Regulatory compliance
    • Insider trading
  • Self-reporting decisions
  • Shareholder securities fraud lawsuits

He leverages extensive experience representing large public companies and leading financial services firms to advise clients on all aspects of investigations and litigation, including business implications, sensitive whistleblower matters, and privilege.

Pro Bono

Complementing his business work, Mr. Swibel has an active pro bono practice, representing clients in investigations and litigation involving various issues, including protection of constitutional rights.


Mr. Swibel’s experience includes representing clients in:

Internal Investigations
  • An NYSE-listed Fortune 100 company in an internal investigation involving whistleblower allegations of improper accounting and tax fraud
  • An investment adviser to a hedge fund in an internal investigation related to commodities-based investments
  • A publicly traded company in investigations into kickback allegations
  • An NYSE-listed real estate investment trust (REIT) in an internal investigation and litigation related to a multimillion-dollar fraud against the company
  • A private company in an internal investigation related to allegations of improper handling of electronic evidence related to alleged sexual assault by an officer of the company with US$8 billion in annual revenue
Government Investigations
  • An NYSE-listed Fortune 500 manufacturer in connection with an SEC investigation and class action securities fraud lawsuit
  • A mutual fund investment adviser in connection with an SEC investigation related to fees charged to investors and related disclosures
  • Multiple broker-dealers in connection with SEC and FINRA investigations related to mutual fund sales charges
  • An NYSE-listed Fortune 500 company in an SEC investigation relating to accounting and disclosure of loss contingencies
  • Current and former directors of public companies in SEC and internal investigations into potential insider trading
  • A private equity firm in connection with an SEC investigation into potential pay-to-play violations involving an elected official
  • A hedge fund in connection with an SEC investigation into potential pay-to-play violations involving an elected official
  • An Argentinian company in a federal criminal investigation in connection with US government contracting
  • A former CFO of a tech startup company in connection with a federal criminal investigation and related SEC investigation
  • A private company in connection with an SEC investigation related to allegations of unlawful trade allocations
  • A major public e-commerce company and its directors in litigation challenging the board’s decision to approve a competitor’s acquisition of the company
  • An NYSE-listed telecommunications company in responding to an SEC subpoena related to allegations of accounting fraud
  • A Hong Kong-based gaming corporation and an individual director in a securities fraud lawsuit brought by US investors
  • A US subsidiary of a Japanese auto parts maker in connection with a federal grand jury subpoena and criminal antitrust investigation
  • Former officers and directors of a company in litigation with an SEC receiver arising out of a multimillion-dollar fraud
  • A former CEO of an investment and tax-planning company sued for alleged fraud in connection with promotion of tax shelters
  • Irish and Cayman custodian banks in clawback proceedings arising out of a multibillion-dollar Ponzi scheme
  • An NYSE-listed (REIT) in litigation related to a multimillion-dollar fraud against the client that resulted in a disclosure to federal authorities and criminal convictions of perpetrators of the fraud against the client

Thought Leadership

  • SEC Announces First "EPS Initiative" Enforcement Actions -  October 14, 2020
  • Illinois’ Stay-at-Home Order: What Businesses Need to Know -  April 03, 2020
  • Liability Under the Federal Securities Laws for Media Personalities -  June 29, 2018
  • What the Supreme Court’s Whistleblower Decision Means for Companies -  February 28, 2018
  • Multitudes, Multitudes: The SEC’s Asset Management Unit Delivers Important Messages for Investment Advisers -  April 10, 2015
  • Supreme Court’s Halliburton Decision Opens New Line of Defense -  July 07, 2014
  • Investment Adviser Charged For Demoting Whistleblower in SEC’s First Anti-Retaliation Case -  June 18, 2014
  • Will Award-Seeking Whistleblower Lawyers Be Caught Between Conflicting SEC and State Ethics Rules? -  October 21, 2013
  • SEC Issues Second Whistleblower Program Award -  September 06, 2013
  • 6 Steps for Dealing with Potential SEC Whistleblowers -  September 05, 2013
  • Attorneys as SEC Whistleblowers -  May 23, 2013
  • SEC Whistleblower Anti-Retaliation Provisions -  February 19, 2013
  • Corporate Governance Commentary: The SEC’s Whistleblower Program: Meeting the Challenges, Minimizing the Risks -  June 14, 2011
Bar Qualification
  • Illinois
  • JD, Emory University School of Law, 2008
    With Honors; Order of the Coif
  • BA, Emory University, 2002
  • White Collar Defense & Investigations
  • Litigation & Trial Practice
  • Complex Commercial Litigation
  • Commodities and Derivatives Regulation and Enforcement
  • Securities Litigation & Professional Liability