Kramer Levin Naftalis & Frankel LLP
David S. Frankel is an accomplished advocate with more than 30 years’ experience representing senior executives, directors and corporations in complex, high-stakes white collar criminal investigations and prosecutions, government and regulatory enforcement actions, and arbitrations, including actions brought by the U.S. Department of Justice, the Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, the New York County District Attorney’s Office, the New York State Attorney General’s Office, the Financial Industry Regulatory Authority, and other government and administrative agencies. For securities industry clients, Mr. Frankel has handled cases involving allegations of improper practices including market manipulation, breach of fiduciary duty, false and misleading disclosures, and accounting fraud. He has also represented individuals and corporations in government investigations of pharmaceutical industry irregularities and political corruption, as well as in complex civil litigations and class actions, including securities class actions and commercial disputes.
Mr. Frankel’s notable matters include his representation of Rajat Gupta, the former Managing Director Worldwide of the McKinsey & Company management consulting firm, in both a criminal insider trading investigation in the Southern District of New York and a parallel SEC civil enforcement action. After a four-week criminal trial in June 2012, Mr. Gupta was acquitted of two counts of the indictment, but convicted on certain other counts. Mr. Frankel is also defending former Bear Stearns Chairman and Chief Executive Officer James Cayne in federal securities and ERISA class action litigation alleging fraud relating to Bear Stearns’ valuation, mortgage-backed securities, and liquidity and capital reserves. Mr. Frankel previously represented Mr. Cayne before the Financial Crisis Inquiry Commission in connection with its investigation of the 2008 financial crisis. Other significant recent cases include Mr. Frankel’s representation of a senior scientist of a major U.S. pharmaceutical company in a federal criminal investigation alleging violations of the Food, Drug, and Cosmetic Act, following which no charges were filed, as well as in related civil proceedings, and his successful representation of the chief accounting officer of a Fortune 100 company in a lengthy SEC investigation involving a number of complex accounting issues, including accounting for pension obligations, derivative transactions and currency hedging, after which the SEC declined to bring charges.
Mr. Frankel also conducts internal corporate investigations and advises clients on the design and implementation of compliance programs.