Haimavathi V. Marlier

“ I bring a unique perspective to clients based on my career and life experience. I understand both the public and private sectors. I am well-situated to translate the client’s objectives to regulators, judges, and juries.

Haima Marlier, a former U.S. Securities and Exchange Commission (SEC) Senior Trial Counsel, is a partner in Morrison & Foerster’s Securities Litigation, Securities Enforcement, and Investigations + White Collar Defense groups.

Haima represents public companies and financial services providers in internal and government investigations, SEC enforcement proceedings, securities class actions, and complex commercial litigation. She joined the firm after nine years at the SEC’s New York office, which bears responsibility for regulating the largest concentration of SEC-registered financial institutions in the nation. She has extensive experience litigating in federal and administrative courts, leading complex negotiations, and representing her clients in mediation. She also routinely counsels clients regarding, and is a speaker on, SEC enforcement developments, trends, and enforcement risk mitigation.

While at the SEC, Haima served as lead counsel on a number of prominent enforcement litigations and investigations involving publicly traded companies, registered investment advisers, broker-dealers, banks, and individual traders in matters arising under the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940. She has also worked closely with the SEC’s specialized units focused on complex financial instruments and market abuse, foreign securities regulators, numerous U.S. Attorney’s Offices, and the Financial Industry Regulatory Authority (FINRA).

Haima maintains an active pro bono practice focused on environmental matters and improving the access of all communities to natural spaces. She also serves on the Board of Advisors of the SEC Historical Society, a non-profit dedicated to sharing, preserving, and advancing the knowledge and history of financial regulation, and mentors Penn State students of color who aspire to become lawyers.

Haima’s notable private and public sector experience includes:

• Representing public companies and individuals in SEC and state securities investigations, internal investigations, FINRA inquiries, securities class actions, derivative litigation, and shareholder actions for injunctive relief.
• Representing audit committees in internal investigations.
• Representing private fund clients in appraisal actions and compliance with SEC rules and regulations.
• Representing the SEC in all stages of federal and administrative proceedings, including at trial and on appeal, in matters involving violations of the federal securities laws, including:
  • Matter of Anthony et al., SEC File No. 3-15514: Won bench trial against seven brokers and a supervisor charged with fraud and registration violations in connection with a $100+ million Ponzi scheme.
  • SEC v. Bronson et al., 17-2096 (2d Cir.): Successfully litigated complex microcap matter to affirmation by the U.S. Court of Appeals for the Second Circuit of summary judgment order imposing over $12 million in civil penalties and disgorgement.
  • SEC v. Laidlaw Energy Group, Inc. et al., 13-cv-3837 (S.D.N.Y.): Secured favorable final judgment against issuer and CEO for insider trading, material misrepresentations in SEC filings, and Section 5 registration violations.