Kayvan Sadeghi is an experienced trial and appellate attorney and a member of the firm’s Securities Litigation, Enforcement, and White-Collar Criminal Defense Group. His practice focuses on securities litigation and government investigations, and he frequently defends clients facing overlapping state and federal regulatory inquiries and private class action lawsuits.
Mr. Sadeghi has more than 12 years of experience defending clients against claims arising under federal securities laws, the Foreign Corrupt Practices Act, and consumer protection laws, among others. In addition to securities and consumer class actions and regulatory work, he has extensive experience in First Amendment and media law, and regularly assists clients with contract, licensing, and other complex commercial disputes. He represents corporate and individual clients in a broad range of industries, including finance, energy, media, technology, and consumer products.
Mr. Sadeghi has served as lead counsel in numerous proceedings in state and federal courts nationwide, successfully arguing dispositive motions and appeals, conducting direct and cross-examinations of key witnesses, defending clients at depositions, and writing winning briefs before state and federal courts, including federal appellate courts in the Second, Third, Sixth, Ninth, and D.C. Circuits. He also frequently appears in contested bankruptcy matters and before state and federal agencies such as the DOJ, SEC, and state attorneys general.
An active member of his community, Mr. Sadeghi is committed to pro bono service, including the successful defense of a freelance journalist in a highly publicized defamation case brought by a former top Mexican official, and work with the NYCLU in class action litigation leading to a landmark settlement to reform the use of solitary confinement in New York prisons. He also regularly writes and speaks on topics related to complex litigation, including participation on a recent panel on securities litigation, and articles published by Law360, International Law Office, Media Law Quarterly, and Westlaw Journal. He is a co-author of MoFo’s Insider Trading Annual Review and a contributing author of the Association of Corporate Counsel’s “white paper” on managing shareholder derivative litigation. He has been quoted in the New York Law Journal, ChinaDaily, and Beijing Review.
Mr. Sadeghi is admitted to practice in New York, in U.S. District Courts for the Southern and Eastern Districts of New York, and in U.S. Courts of Appeals for the Second and Ninth Circuits.
Securities and Consumer Class Actions
- Defending Etsy, Inc. and certain of its senior officers and directors in multiple securities class actions brought under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Sections 11 and 15 of the Securities Act of 1933.
- Defending Costco and a manufacturer of private label products in multiple national class actions asserting consumer protection and false advertising claims.
- Defended underwriters of an IPO in a successful motion to dismiss and favorable settlement of a securities class action asserting claims under Sections 11 and 12 of the Securities Act.
- Frequently defends directors and officers in securities class action and derivative suits, including successful dismissals and favorable settlements for officers and directors in the finance, investment advisory, insurance, media, and technology industries.
Government Investigations and Litigation
- Represented McGraw-Hill and Standard & Poor’s, one of the world’s leading credit rating agencies, in overlapping investigations by DOJ, SEC, Congress, and multiple state attorneys general, in securities class action and derivative litigation, and in a multi-billion dollar lawsuit brought by the State of California alleging violations of the California False Claims Act and state consumer protection laws arising out of S&P’s rating of structured finance securities.
- Representing a former executive of an international investment firm in connection with DOJ and SEC investigations into suspected violations of the Foreign Corrupt Practices Act and other laws.
- Representing a special committee of the board of directors of a solar energy company in connection with an internal investigation in response to an SEC inquiry concerning suspected violation of securities laws.
- Represented a mortgage originator and servicer in a favorable settlement of litigation brought by a state attorney general alleging unfair and discriminatory lending practices and seeking hundreds of millions of dollars in damages.
- Represented officers of a leading international bank in connection with DOJ and SEC investigations into compliance with laws concerning U.S. taxpayers.
- Represented a Fortune 500 corporation in an internal investigation into alleged accounting irregularities.
Media, Licensing, and Contract Disputes
- Defended a freelance journalist in a successful motion to dismiss defamation and related tort claims brought by a former Mexican official arising out of an article titled “Top 10 Most Corrupt Mexicans of 2013.”
- Representing a global media and information analytics company in litigation concerning the sale of certain media assets and the termination of a joint venture.
- Represented Time Warner Cable in litigation concerning rights to display content on the iPad, and in numerous pre-litigation licensing and copyright disputes with networks and network affiliates.
- Advising a global gaming company in connection with contract and licensing disputes concerning an online gaming platform.
- Represented a fashion label in arbitration concerning termination of a licensing agreement.
- Represented a consortium of media entities in multiple successful First Amendment challenges to state restrictions on exit polling at the polls on election day.
- Defended journalists against government subpoenas seeking information concerning confidential source(s).
- Represented the official committee of unsecured creditors in the chapter 11 cases of Texas power company Energy Future Holdings Corp. and its affiliates, which filed for bankruptcy in April 2014. This is the tenth largest bankruptcy in U.S. history with the debtors holding approximately $40 billion in debt.
- Represented Residential Capital, LLC, and the ResCap Liquidating Trust, in connection with contested matters concerning billions of dollars of residential mortgage-backed securities claims, as part of ResCap’s chapter 11 proceedings, which was the largest bankruptcy filing of 2012.
- Representing a class of prisoners in class action litigation to reform the use of solitary confinement in New York prisons.
- Successfully represented a mentally incompetent prisoner by securing Ninth Circuit reversal of the district court in a precedent-setting opinion clarifying the duties of district courts to incompetent litigants.