Randall J. Fons

Partner

Denver, (303) 592-2257

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Education

University of Wisconsin (B.B.A., 1984)
;
University of Colorado School of Law (J.D., 1987)

Practices

Securities Litigation, Enforcement + White-Collar Defense

Litigation

Investment Management

Bar Admissions

Illinois
Colorado

Clerkships

Hon. William R. Moser, Wisconsin State Court of Appeals (1987-1988)

Randall Fons serves as Co-Chair of the firm's Securities Litigation, Enforcement, and White-Collar Defense Group. His practice focuses on representing corporations, officers, and directors faced with SEC and other enforcement matters. Prior to joining Morrison & Foerster in 2006, Mr. Fons spent 18 years with the SEC in trial and directorship posts around the U.S., where he directed investigations and litigation of matters concerning market manipulation, insider trading, FCPA, financial reporting, auditors, broker-dealers, and investment advisors.

Since joining Morrison & Foerster, Mr. Fons has assisted numerous boards of directors and their audit committees in conducting internal investigations, often advising clients on remedial measures responsive to the securities issues investigated. He has also represented numerous officers and directors of public companies caught up in SEC and DOJ investigations, auditors in SEC and PCAOB investigations, and regulated entities and individuals appearing before the SEC, FINRA, and other self-regulatory organizations. Mr. Fons also represents investment advisors, including advisors to hedge funds, in SEC proceedings.

From 2000 to 2006, Mr. Fons served as the Regional Director of the SEC’s Central Regional Offices. The Central Region, composed of three offices located in Denver, Ft. Worth, and Salt Lake City, focused on both enforcement and regulatory oversight programs across an 11-state area. Before his tenure with the Central Regional Office, Mr. Fons was Regional Director for the SEC’s Southeast Region from 1998 to 2000, where he managed the work of the Miami and Atlanta offices. Mr. Fons began his impressive career with the Commission in 1988 as a staff attorney in the SEC’s Chicago office and rose to head that office’s enforcement program.

Mr. Fons has been awarded the SEC's Distinguished Service Award, the Commission's highest recognition, and the Capital Markets Award. He is listed in Best Lawyers in America for his expertise in Securities Law and is highly recommended by Legal 500 for issues pertaining to the SEC. In 2008, he was the recipient of a Burton Award for Legal Achievement for an article he co-authored regarding securities enforcement.

Mr. Fons received his law degree from the University of Colorado School of Law, where he was a contributor to the University of Colorado Law Review. He is a member of the Colorado and Illinois bars.

SEC Investigation

Represented audit committee of large shipping company in its internal investigation concerning violations of Regulation FD. After report to SEC, SEC declined to bring an action against company based on its internal investigation, cooperation and remedial measures.

SEC Investigation

Represented special committee of a multi-national book retailer in its internal investigation concerning stock option backdating. SEC took no further action after our report of findings and recommendations for remedial steps for company.

SEC Investigation

Represented former Vice President of Finance of a public company under investigation by the SEC for financial reporting and internal control issues. After Wells submission and meetings, SEC dropped the matter as to our client.

SEC Investigation

Represented audit committee of an international catalog retailer in its internal investigation of revenue recognition issues. After report to the SEC, SEC declined to bring any enforcement action.

PCAOB Investigation

Represented audit firm and its principals in PCAOB investigation and investigations by various states concerning audit of international public company. Successfully negotiated a favorable settlement on behalf of audit firm and its principals.

SEC Investigation

Represented former CEO of large apparel manufacturer in SEC investigation concerning insider trading. SEC closed matter without action after investigation.

SEC Investigation

Represented employee of a large international public company under investigation for violation of the FCPA. After testimony, the SEC took no action against the employee.

SEC v. R. Brooke Dunn, et al.

(D. Nevada) Represent former officer of public gaming company in enforcement action alleging insider trading based on non-public material information concerning company's financial performance.

SEC Investigation

Represent hedge fund advisor in an examination and investigation conducted by the SEC.

SEC Investigation

Represented six former directors of large multi-national public company in complex SEC investigation concerning related party transactions and executive compensation disclosure.

In re UnitedHealth Group, Inc. Securities Litigation

(D. Minn.) Successfully defended the former chair of the compensation committee of the board of directors of UnitedHealth Group Inc. in government investigations and civil actions relating to allegations of option backdating, resulting in avoidance of action by the government and settlements favorable to our client in the civil actions.

DOJ Investigation

(DOJ Antitrust Division) Represent former trader at large brokerage firm in extensive DOJ investigation of conspiracy and manipulation in municipal securities market. No action taken against client after interview by DOJ.

SEC and Multi-State Investigation

Represented company operating a national person-to-person lending platform in investigations conducted by the SEC and dozens of states. Successfully negotiated a settlement of all actions on favorable terms for company, allowing it to register its securities and continue operations.