Nicole Serfoss is a partner in Morrison & Foerster’s Securities Litigation, Securities Enforcement, and Investigations + White Collar Defense Groups.

Nicole has 15 years of experience representing clients in SEC enforcement matters, corporate internal investigations, and securities class actions. Nicole represents companies, officers, and directors in a wide range of matters involving accounting and disclosure issues. In particular, Nicole has assisted clients in government inquiries regarding cybersecurity, including SEC investigations following high-profile data security incidents.

Nicole was named a Colorado Rising Star by Super Lawyers in 2012. She has tried over a dozen cases as a special prosecutor in the Denver City Attorney’s Municipal Court Trial Advocacy Program. She is also committed to pro bono service, and has received the Wiley W. Manuel award for pro bono legal services.

Nicole received her B.A. in History from UCLA, magna cum laude, and graduated Order of the Coif from the University of Colorado School of Law. After law school, she clerked for the Honorable Jose D.L. Marquez of the Colorado Court of Appeals.

Nicole is an active member of the Colorado legal community, including membership in the Minoru Yasui Inn of Court, the Women’s White Collar Defense Association, and the Colorado Women’s Bar Association.

Representative Experience

  • Represented numerous Audit and Special Committees in internal investigations resulting from whistleblower complaints alleging accounting and disclosure issues.
  • Represented a Fortune 500 company in an SEC investigation following a high-profile data security incident. Following document production and witness testimony, the matter was closed without any enforcement action.
  • Represented Boulder Brands in three lawsuits: a shareholder securities class action in which the district court granted the defendants’ motion to dismiss with prejudice, a related derivative action voluntarily dismissed, and a separate shareholder merger challenge settled based upon disclosure updates.
  • Defended Crocs, Inc., and certain of its officers and directors, in a securities class action and derivative litigation matter. Won dismissal of all derivative claims, with prejudice, on first motion to dismiss. No appeal was filed. Won dismissal of all claims in the securities class action on first motion to dismiss. Class action settled on appeal.
  • Represented former CFO in settlement of securities litigation, derivative litigation, and related SEC investigation.
  • Represented a Fortune 500 company in a Regulation FD inquiry by the SEC. Matter was closed without enforcement action.
  • Represented a 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.
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