Mr. Nathan is a partner in the firm’s Securities Litigation, Enforcement and White-Collar Defense Group. Mr. Nathan’s practice includes representation of companies and individuals who are involved as witnesses or subjects in investigations conducted by the SEC, the CFTC, FINRA and other regulatory entities involving financial institutions or transactions. Mr. Nathan also consults with financial institutions on examinations, supervisory procedures, product disclosure and supervision, and other regulatory matters. He serves as editor of and frequent contributor to MoFo’s The BD/IA Regulator blog, which provides timely, focused, and practical summaries of securities regulation, enforcement and litigation developments, along with useful analysis and takeaways for broker-dealers, investment advisers, and investment funds. He speaks and writes frequently on a wide range of topics concerning financial institutions and enforcement, including broker-dealer sales practices, complex products, the Volcker Rule, cybersecurity, anti-money laundering, and broker-dealer compliance and supervision. Mr. Nathan is a member of the Editorial Advisory Board for the Journal of Investment Compliance.
Mr. Nathan is the former Vice President and Regional Enforcement Director for the Financial Industry Regulatory Authority (FINRA). During his five-year tenure at FINRA, Mr. Nathan oversaw 70 lawyers across 15 offices responsible for bringing up to 900 disciplinary actions annually against broker-dealer firms, registered representatives and associated persons. This included many of FINRA’s most significant nationwide enforcement actions, including actions and sweeps involving mutual fund breakpoints, structured products sales practices and supervision, auction rate securities advertising, disclosure and supervision, private placement due diligence and disclosure, mutual fund prospectus delivery, anti-money laundering procedures, and market timing. Mr. Nathan also closely collaborated with FINRA’s Member Regulation examination staff.
In his 12 years at the SEC, Mr. Nathan served as Assistant Director in the Division of Enforcement, where he supervised federal securities investigations of insider trading, market manipulation, financial fraud, and accounting misconduct. In nine years with the CFTC, Mr. Nathan served as Deputy Director of Enforcement, with responsibility for oversight of the agency’s Enforcement Division. He also created the CFTC’s Office of Cooperative Enforcement, which dramatically expanded the joint enforcement efforts between the CFTC, the Department of Justice, the SEC, and state authorities. In those roles, Mr. Nathan closely focused on market manipulation, trade practices, commodity trading advisor practices, and foreign exchange dealer practices.
He was named in 2013 to the list of “Attorneys Who Matter” for Securities by Ethisphere Institute.
Mr. Nathan received his J.D. from New York University School of Law, where he served as articles editor for the Journal of International Law and Politics, and graduated from the Massachusetts Institute of Technology with a B.Sc. in Economics. He is admitted to practice in New York and Washington, D.C.
Commodities Exchange Investigation
Represents an energy marketing firm in an investigation regarding physical and swaps trading.
Advises domestic and foreign banking entities on the establishment and implementation of Volcker Rule Compliance Programs.
MF Global Investigation
Conducted an investigation, on behalf of the Chapter 11 Bankruptcy Trustee, of the collapse of a global financial institution and its FCM and broker-dealer subsidiaries.
Represented an individual in an investigation regarding insider trading and improper tipping.
Represents a former trader in the worldwide LIBOR investigations and litigations.
Represents several former and current traders in the CFTC’s investigation regarding the ISDAfix benchmark rate.
Defending a foreign bank in a FINRA arbitration related to sales practices.
Represents several broker-dealers in FINRA investigations related to issues raised by the Dodd-Frank Act and the JOBS Act.
FINRA AML Action
Negotiated a substantially reduced sanction on behalf of a broker-dealer in a case alleging several AML violations as well as other violations.
Served as an expert witness regarding the scope and execution of the duties of a broker-dealer chief compliance officer.