Kevin M. McDonough is a partner in the New York office of Latham & Watkins and a member of the firm’s Securities Litigation & Professional Liability and White Collar Defense & Investigations Practices.
Mr. McDonough specializes in securities and class action litigation, SEC and other regulatory investigations and complex commercial litigation. He has represented all of the major accounting firms and numerous global financial institutions and other companies in a variety of civil actions and regulatory matters, and has been recognized by The Legal 500 for his experience in litigation involving financial institutions. Mr. McDonough represented Big Four accounting firm Ernst & Young in all civil and regulatory matters related to its role as auditor of Lehman Brothers.
Mr. McDonough is a member of Latham’s Pro Bono Committee and an active participant in the firm’s pro bono programs. He has successfully represented a defendant on death row in Louisiana in both state post-conviction proceedings and collateral civil litigation, and has represented multiple individuals before the US Citizenship and Immigration Service in their successful applications for asylum. Mr. McDonough currently serves as pro bono counsel to the Independent Commission on New York City Criminal Justice and Incarceration Reform. In recognition of his dedication to pro bono work, he received the Brooklyn Volunteer Lawyers Project's 2016 Champion of Justice Award.
Mr. McDonough is co-editor of the treatise Federal Securities Litigation: Commentary and Forms, A Deskbook for the Practitioner (2d ed. 2012). Prior to joining Latham, Mr. McDonough served as law clerk for the Honorable Joel A. Pisano in the United States District Court for the District of New Jersey.
Mr. McDonough's experience includes:
- Represented Ernst & Young in all civil and regulatory matters related to its role as auditor of Lehman Brothers. Secured dismissal in the multi-district litigation of all Section 11 claims and most Section 10(b) claims. In re Lehman Brothers Sec. & ERISA Litig., 2011 U.S. Dist. LEXIS 82119 (S.D.N.Y. 2011). Won full dismissal of arbitration claim brought by the Lehman Brothers Estate for alleged accounting malpractice and breach of contract
- Obtained complete dismissal of securities class action against Pacira Pharmaceuticals, Inc. and its top executives relating to the company’s marketing of its signature product, and statements about the product’s approval, safety and efficacy. Lovallo v. Pacira Pharmaceuticals, Inc. et al., 2015 WL 7300492 (D.N.J. 2015)
Obtained dismissal of derivative claims brought against Goldman, Sachs & Co. on behalf of the shareholders of Wm. Wrigley Jr. Co., alleging, among other things, breach of a financial advisory contract and breach of fiduciary duty relating to a US$23 billion buyout by Mars Inc.
Won summary judgment in a federal securities class action against Ernst & Young relating to its audits of The Williams Companies. In re Williams Sec. Litig., 496 F. Supp. 2d 1195 (N. D. Okla. 2007)
Represented a major global investment bank in connection with an SEC investigation regarding potential federal securities law violations related to short trading
Obtained dismissal of two federal securities class actions against Deloitte Touche Tohmatsu Limited relating to audits performed by one of its international member firms. McIntire v. China MediaExpress Holdings, Inc., 927 F. Supp. 2d 105 (S.D.N.Y. 2013); In re Longtop Fin. Techs. Ltd. Sec. Litig., No. 11-CV-3658 (S.D.N.Y. 2012)
Secured dismissal of Section 10(b) claims against PricewaterhouseCoopers related to its role as the auditor of Overseas Shipholding Group Inc. In re OSG Sec. Litig., 2014 WL 6748286 (S.D.N.Y. 2014)
Represented a syndicate of underwriters in a securities fraud class action lawsuit arising out of underwriting services that the syndicate provided in connection with two public offerings of securities
Represented Deloitte & Touche in a US$2 billion professional negligence claim brought by Freddie Mac arising from the failure of mortgage originator Taylor, Bean & Whitaker. Federal Home Loan Mortgage Corp. v. Deloitte & Touche LLP, 14-CV-23713 (S.D. Fla. 2016)