Swibel, Eric R.

Eric R. Swibel

Partner

eric.swibel@lw.com
    Swibel, Eric R.

    Eric R. Swibel

    Partner

    eric.swibel@lw.com

    Profile

    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.

    Experience

    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

    Litigation

    • 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
    • An NYSE-listed retail company and its officers and directors in defense of securities class actions and derivative claims relating to earnings announcements and alleged problems regarding integration of new business
    • A food manufacturer in connection with a complaint filed against the maker of a key fruit snack ingredient alleging breach of contract and fraud
    • A global manufacturer of trucks and engines and its former CEO in a SEC investigation and litigation arising out of allegations that company and CEO misled shareholders about status of its engine technology

    Qualifications

    Bar Qualification

    • Illinois

    Education

    • JD, Emory University School of Law, 2008
      With Honors, Order of the Coif
    • BA, Emory University, 2002

    Practices

    Recognition

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    News & Insights

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