Mr. Donnelly focuses his practice on the representation of public companies, broker/dealers, hedge funds and other investment advisers, banks and individuals in connection with agency and congressional investigations, internal investigations, regulatory and private civil litigation, arbitrations and compliance matters arising under securities, corporate and banking laws. Mr. Donnelly also has extensive experience in managing independent consultant engagements resulting from settlements of regulatory enforcement actions.
Mr. Donnelly was selected by his peers for inclusion in The Best Lawyers in America© in 2014 and 2015 in the field of Securities Litigation.
Among the notable regulatory and congressional investigations in which Mr. Donnelly has represented entities and individuals are the following:
- Representation of a public company in an SEC financial reporting investigation that was resolved through entry of an administrative cease-and-desist order
- Representation of the former chief financial officer of a public company in an SEC financial reporting investigation in which an enforcement action was brought but the client was not charged and in related class action litigation
- Representation of the audit committee of the board of directors of a public company in an internal investigation of the circumstances requiring a restatement of prior financial statements
- Representation of the controller and deputy controller of a public company in an SEC financial reporting investigation that was resolved through the issuance of an administrative cease-and-desist order
- Representation of the president of national bank in testimony before the Senate Permanent Subcommittee on Investigations
Among the notable independent consultant/monitor engagements in which Mr. Donnelly has played a major role are the following:
- An engagement for a global financial institution which had entered into a deferred prosecution agreement with the DOJ and a related SEC settlement arising out of allegations that the institution had opened accounts for US persons who were seeking to conceal income from US tax authorities and had acted as a US broker-dealer without being registered as such
- An engagement for a major financial institution which was one of the parties to the Global Research Settlement entered into with the SEC, the NASD and the states
- An engagement for a major financial institution that had settled an SEC enforcement action alleging that the institution had failed to preserve and promptly produce certain email communications with customers in accordance with the broker-dealer books and records requirements of the federal securities laws