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 and private companies, financial services providers, and individuals in internal and government investigations, SEC enforcement proceedings, securities class actions, and complex commercial litigation. She has extensive experience litigating in federal, state, 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.

Haima 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. While at the SEC, Haima served as lead counsel on a number of prominent enforcement litigations and investigations involving public companies, registered investment advisers, broker-dealers, banks, and individuals in matters arising under the federal securities laws. She has also worked closely with 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 a private investment fund in an SEC insider trading investigation.
• Representing an audit committee of a public company in an internal investigation resulting from a whistleblower complaint alleging accounting and disclosure issues.
• Representing a former executive of a Nasdaq-traded, post-SPAC company in a special committee investigation.
• Representing numerous public companies in an SEC cybersecurity enforcement sweep.
• Advising numerous public companies on the efficacy of their cybersecurity disclosure controls and procedures and the materiality of cybersecurity incidents.
• Representing a venture capital fund in a securities class action concerning an unregistered digital token offering.
• Representing a biotech company in a state securities investigation concerning securities registration exemptions and representations to investors regarding securities registration.
• Defending a pre-IPO biotech company in a wrongful termination lawsuit brought by a co-founder and former CEO terminated by the board of directors.
• 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 a 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 a favorable final judgment against an issuer and CEO for insider trading, material misrepresentations in SEC filings, and Section 5 registration violations.