Nicole K. Serfoss

Nicole K. Serfoss

Education

University of California, Los Angeles (B.A., 2002)
University of Colorado (J.D., 2005)

Bar Admissions

Colorado

Clerkships

Hon. Jose D.L. Marquez, Colorado Court of Appeals (2005-2006)

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

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

Ms. Serfoss 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.

Ms. Serfoss 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.

Ms. Serfoss 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 Matters

  • Represented a Fortune 500 company in a SEC investigation following a high-profile data security incident. Following document production and witness testimony, 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 numerous Audit and Special Committees in internal investigations resulting from whistleblower complaints alleging accounting and disclosure issues, including into alleged violations of the Foreign Corrupt Practices Act.
  • 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.
  • Represented the directors and officers of a public company in a SEC investigation concerning insider trading. Matter was closed without any enforcement action.

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