Jenner & Block

 

At the Firm
Since joining the Firm in 2004, Mr. Newkirk has represented major companies and their senior executives and boards and board members in a wide range of Securities and Exchange investigations and related civil litigation.


Selected Representations:

  • Fortune 50 manufacturer in an SEC accounting and disclosure investigation
  • Major hedge fund in an SEC investigation
  • Fortune 50 manufacturer in an SEC accounting and disclosure investigation
  • Fortune 100 manufacturer in an SEC accounting investigation
  • Fortune 500 energy company in an SEC accounting investigation
  • Fortune 500 service company in an SEC disclosure investigation
  • Major hedge fund in a state securities investigation
  • CEO and Chairman of the Board  of a financial institution in an SEC insider trading investigation
  • Discount brokerage in an SEC investigation
  • Major hedge fund in connection with an SEC examination
  • Audit committee of a distribution company in an SEC accounting investigation
  • Mining company in an SEC FCPA investigation
  • Major financial institution in two ARS cases
  • Major financial institution in an RMBS investigation
  • Alternative energy manufacturer in SEC investigations and related shareholder and derivative litigation
  • Major real estate investment trust in an SEC insider trading investigation
  • Chairman of the Board of a hospitality company in an SEC insider trading investigation
  • CEO and Chairman of the Board of a public company in an SEC accounting investigation and related derivative and shareholder litigation
  • CFO of a major services company in an SEC accounting and disclosure investigation
  • Internal investigation for a major health company
  • Expert witness with respect to SEC practices in connection with a claim for insurance coverage of the cost of defending and SEC investigation

At the SEC
In his 19 years at the SEC, Mr. Newkirk led the investigations of some of the SEC’s most significant cases. They include:

  • SEC v. Time Warner Inc. (formerly known as AOL Time Warner), a financial fraud case alleging that the Company overstated online advertising revenue and the number of its Internet subscribers, and aided and abetted three other companies’ securities frauds. 
  • In the Matter of The Walt Disney Company, a case charging Disney for failing to disclose certain related party transactions between Disney and its directors, and for failing to disclose certain compensation paid to a Disney director.
  • SEC v. Wachovia Corporation, a case concerning proxy disclosure and reporting violations arising out of the merger between First Union Corporation and legacy Wachovia Corporation.
  • SEC v. Koninklijke Ahold N.V. (Royal Ahold), financial fraud cases against Royal Ahold, several former officers and directors of Ahold, and several former officers of Ahold’s U.S. Foodservice subsidiary for overstating earnings by $829 million and overstating revenues by $30 billion for the years 2000-2002.
  • In the Matter of PNC Financial Services Group, Inc., and SEC v. American International Group Inc., financial fraud cases involving the misuse of special purpose entities devised by AIG to boost earnings and remove $762 million of troubled assets from PNC’s balance sheet.
  • The Tyco International Ltd. matter, including SEC v. Dennis Kozlowski et al., SEC v. Frank Walsh, a former Tyco director, and In the Matter of Richard P. Scalzo, Jr., CPA, Tyco's former independent auditor.
  • SEC v. Arthur Andersen LLP et al., a case against the firm and several partners for their improper audits of Waste Management Inc. 
  • In the Matter of Sunbeam Corporation and SEC v. Albert J. Dunlap et al., cases against the firm and former top officers for inflating earnings through the use of cookie jar reserves and other improprieties; In the Matter of Phillip E. Harlow, CPA, a related case against Sunbeam’s outside auditor for improper professional conduct.
  • In the Matter of Cendant Corporation and nine related actions, cases involving fraud or other charges against the firm and former officers for overstating earnings and related charges against two outside auditors for aiding and abetting Cendant’s reporting violations.
  • In the Matter of The Dreyfus Corporation, a case involving mutual fund misallocation of investment opportunities.
  • SEC v. Rhino Advisor, Inc., a “death spiral” convertible security manipulation case against Rhino Advisors, Inc., and others. 
  • SEC v. Prudential Securities, Inc., a case in which the Commission obtained restitution of almost one billion dollars for investors defrauded in the sale of limited partnerships.
  • In the Matter of Gruntal & Co. Incorporated, a broker-dealer case concerning misappropriating escheat funds.
  • In the Matter of Certain Activities of Options Exchanges, a case involving the failure of certain options exchanges to compete in the listing of options and to police their own markets.