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Seven MoFo Partners Named to Law360 2026 Editorial Boards

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Morrison Foerster partners earned seats on seven Law360 Editorial Boards for 2026, reflecting our leadership across key practices...

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Morrison Foerster partners earned seats on seven Law360 Editorial Boards for 2026, reflecting our leadership across key practices and industries. These appointments place our lawyers at the center of conversations shaping legal and business trends.The following partners were selected:<ul><li>Aileen M. McGrath – Appellate</li><li>Nathaniel R. Mendell – Massachusetts</li><li>Brian R. Michael – Compliance</li><li>Sandeep N. Nandivada – Aerospace and Defense</li><li>Lisa M. Phelan – Competition</li><li>Nicole K. Serfoss – Colorado</li><li>Marian Waldmann Agarwal – New York</li></ul>Law360 Editorial Board members provide insight on emerging issues, policy developments, and the evolving legal landscape. Their perspectives help guide in-depth coverage for a global business audience.These selections underscore Morrison Foerster’s strength across litigation, regulatory, and industry-focused practices and highlight the trusted role our lawyers play in high-stakes matters.Nathaniel R. Mendell is serving his fourth consecutive year on his board. Lisa M. Phelan and Brian R. Michael are each serving their third consecutive years. Nicole K. Serfoss and Marian Waldmann Agarwal are each serving their second consecutive years.<a href="https://www.law360.com/pulse/articles/2461421" target="_blank">Explore the full list of honorees and learn more about this recognition</a>.

Seven MoFo Partners Named to Law360 2026 Editorial Boards

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Aileen McGrath is a leading appellate attorney and partner in Morrison Foerster’s Appellate and Supreme Court practice. She represents clients in high-stakes appeals in the U.S. Supreme Court, the Ninth Circuit, the California Supreme Court, and appellate courts across the country, with a particular focus on California appellate litigation.Known for her exceptional legal writing, strategic acumen, and oral advocacy, Aileen is described by clients as “extraordinarily knowledgeable,” “one of the best writers I have ever seen,” and uniquely skilled at crafting “the most effective strategy” in complex, bet-the-company cases. (Chambers USA)A broad range of sophisticated clients turn to Aileen to lead their appeals. Aileen has a robust track record, including arguing in the U.S. Supreme Court and leading many other Supreme Court matters at the merits and certiorari stages. She has also argued multiple appeals in the U.S. Court of Appeals for the Ninth Circuit and California Courts of Appeal and led representations at the California Supreme Court.Aileen’s appellate practice encompasses a broad range of areas, including:<ul><li>Class actions and consumer protection litigation</li><li>Constitutional law and civil rights cases</li><li>Labor and employment disputes</li><li>State and local government litigation</li><li>Administrative law (state and federal)</li></ul>In addition to her appellate work, Aileen is a trusted legal advisor known for her creative problem-solving and strategic collaboration with clients. Before joining Morrison Foerster, Aileen served as Co-Chief of Appellate Litigation at the San Francisco City Attorney’s Office. She also served as Deputy City Attorney on the Complex and Affirmative Litigation team, acting as lead counsel for San Francisco in numerous significant matters at all levels of the judiciary, including the U.S. Supreme Court and California Supreme Court.Aileen served as a law clerk to Justice Stephen Breyer of the U.S. Supreme Court and then-Chief Judge Michael Boudin of the U.S. Court of Appeals for the First Circuit. She also served as a chambers attorney at the California Supreme Court for Justice Mariano-Florentino Cuéllar.Aileen is an active member of the Bar Association of San Francisco and the Association of Business Trial Lawyers Northern California chapter. She maintains a robust pro bono practice, and she has been recognized by the International Municipal Lawyers Association and the California County Counsel’s Association for her dedication to local-government public interest work. She regularly guests lectures about oral advocacy and effective appellate writing at law schools across the country, including Yale Law School, UC Berkeley School of Law, UC Law San Francisco, and American University Washington College of Law. Aileen also frequently speaks publicly about the U.S. Supreme Court and the California Supreme Court.Aileen earned her J.D., magna cum laude, from Harvard Law School, where she was awarded the prestigious Sears Prize, recognizing the top two students in her class. She also served as president of the Harvard Law Review. She received her B.A., magna cum laude, from Columbia University.<h4>Representative Experience</h4><ul><li><a href="/resources/video-audio/240109-george-sheetz-county-el-dorado" target="_self">Sheetz v. County of El Dorado</a> (44:10) Argued on behalf of California local government in a U.S. Supreme Court property-rights case with significant national implications for land-use planning.</li><li>Successfully opposed a U.S. Supreme Court petition for certiorari in a Fourth Amendment case involving a circuit conflict.</li><li><a href="/resources/video-audio/220726-teresa-armstrong-v-michaels-stores" target="_self">Armstrong v. Michaels Stores, Inc.</a> (12:57) Argued and won a Ninth Circuit appeal in a case seeking to upend the standard for analyzing waiver of the right to move to compel arbitration.</li><li>Viqual Medical Technology LLC v. Kaiser Foundation Health Plan, Inc. Argued and won California appeal defending a complete summary judgment victory on behalf of the country’s largest integrated healthcare system in a $900M+ trade secret case involving wearable medical device technologies.</li><li>In re: Décor Holdings Argued and won a Second Circuit victory in a bankruptcy appeal challenging the assumption and assignment of a package pickup and delivery contract to a third-party purchaser in a Chapter 11 proceeding.</li><li>Successfully defeated class certification on behalf of a leading telecommunications company, and successfully led appellate representation to defeat plaintiffs’ Rule 23(f) petition for Ninth Circuit interlocutory review.</li><li>Served as lead counsel to a leading multinational provider of database, cloud, and enterprise technology solutions in a Ninth Circuit appeal, successfully defending final approval of a putative privacy class action settlement.</li><li>Successfully represented American Indian tribe before the Second Circuit in a significant Indian law case challenging New York State officials’ operation of state highway across tribe’s reservation.</li><li><a href="https://www.ca9.uscourts.gov/media/audio/?20191202/18-17308/" target="_blank">City & County of San Francisco v. Barr</a> (10:43) Successfully challenged federal government’s denial of Byrne JAG funding for sanctuary cities, including briefing and arguing appeal before Ninth Circuit and opposing petition for certiorari.</li><li>Successfully briefed and argued appeal in landmark California water rights case challenging the operation of the Hetch Hetchy Reservoir.</li><li><a href="/resources/video-audio/210301-jesica-rivera-v-merrick-garland" target="_self">Rivera v. Garland</a> (00:00) Argued and won a Ninth Circuit immigration victory in a case seeking asylum for a mother and her young daughter who fled gang violence in El Salvador.</li><li><a href="/resources/video-audio/250123-twin-metals-minnesota-llc-v-united-states" target="_self">Twin Metals Minnesota LLC v. United States</a> (59:03) Argued high-profile D.C. Circuit appeal on behalf of a coalition of environmental organizations defending the dismissal of a mining company’s lawsuit threatening to undo government efforts to protect the Boundary Waters Canoe Area Wilderness region.</li><li>Defeated petition for en banc review in D.C. Circuit appeal challenging Department of Interior’s tribal land trust decision</li><li>Successfully defended local government retail ordinance against a dormant Commerce Clause challenge.</li><li>Served as key drafter of the U.S. Supreme Court merits briefing in Hollingsworth v. Perry, which secured marriage equality in California.</li><li>Defeated election challenge to a San Francisco ballot initiative.</li></ul>

Aileen McGrath

Partner

Nathaniel (Nate) Mendell is a partner in Morrison Foerster’s Investigations + White Collar Defense and Data, Cyber + Privacy practice groups and was the former Acting U.S. Attorney for the United States Attorney’s Office for the District of Massachusetts. He represents companies, financial institutions, boards, and executives through all phases of investigation and litigation involving allegations of corporate healthcare fraud, securities and other financial fraud, public corruption, criminal intellectual property theft, data breach or disclosure, and international money laundering. Nate leverages his two decades of service in the U.S. Department of Justice to offer clients an invaluable insider perspective on white collar defense, internal investigations, cyber breaches, and government enforcement actions.Prior to joining Morrison Foerster, Nate served as First Assistant U.S. Attorney and Senior Litigation Counsel advising the U.S. Attorney. As Acting U.S. Attorney, Nate led over 135 prosecutors and reported directly to the Attorney General. Before serving as First Assistant, Nate was Chief of the Narcotics and Money Laundering Unit, where he led more than a dozen prosecutors investigating and prosecuting money laundering cases across the United States, Colombia, Europe, and the Middle East. He also contributed to the creation of the District Court’s RISE Program and was an Assistant U.S. Attorney in the Southern District of Florida.Nate earned his B.A., cum laude, from Amherst College and earned his J.D. from Harvard Law School where he served as the Editor in Chief of the Harvard Latino Law Review.  He has also served on the Law360 Massachusetts editorial board since 2024.<h4>Representative Experience</h4><h5>Defense Experience</h5><ul><li>Representation of a multinational holding company in a DOJ investigation arising from the client’s investment into a telehealth company under investigation for the unlawful prescription of controlled substances involving potential violations of the Controlled Substances Act (CSA) and the False Claims Act (FCA).</li><li>Advising a pharmaceutical company seeking to mitigate Anti-Kickback Statute (AKS) risk in supporting commercially insured patients in the transition to a new biosimilar therapy. While providing support to commercially insured patients and carving out federally insured patients is not prohibited, such arrangements can draw government scrutiny if they are intended to induce or “pull through” federally insured patients to use medical services or products. We are helping formulate practical parameters for a program that will assist commercially insured patients, meet business goals, and comply with applicable laws and regulations. </li><li>Advising pharmaceutical company whose trade secrets and confidential information were used as the basis for a patent application filed by a competitor and former employees.</li><li>Advising a commercial bank on the acquisition of a medical records company under investigation by DOJ for alleged violations of the FCA.</li><li>Advising an investment management company on the acquisition of a medical device manufacturer under investigation by the DOJ for alleged violations of the FCA.</li><li>Provided training to an online market place regarding the legal framework of the AKS, recent enforcement trends, and compliance best practices.</li></ul><h5>Government Experience</h5><ul><li>Violations of the AKS against a variety of major pharmaceutical companies, which culminated in settlements involving nearly $1,000,000,000 in fines and restitution to resolve the improper use of “patient assistance programs” to subsidize patient co-pays.</li><li>Violations of the CSA against the founder and chief executive officer of a publicly‑traded pharmaceutical company related to the opioids epidemic.</li><li>FCA matters involving improper inducements, insurance pull-through schemes, and improper billing and coding practices.</li><li>Fraud and tax fraud charges against a professor suspected of stealing trade secrets and intellectual property from U.S. interests for a foreign government.</li><li>Conspiracy to obtain unauthorized access to computers and to commit wire fraud and securities fraud charges against a Russian businessman.</li><li>Charges of mail fraud, money laundering, bribery, conspiracy to commit mail and wire fraud, and racketeering conspiracy against coaches, administrators, and parents who fraudulently obtained test scores and college admissions for students related to the Varsity Blues scandal.</li><li>Six-week mail and wire fraud trial against an American businessman involved in a multi-million dollar Ponzi scheme.</li></ul>

Nathaniel R. Mendell

Brian R. Michael is a partner in Morrison Foerster’s Investigations + White Collar Defense Group, and the chair of the firm’s Global Ethics + Compliance practice.Recognized as one of the top lawyers in California, Brian draws upon more than 25 years of high-profile experience in private practice, as an in-house leader, and as a federal prosecutor in the Southern District of New York and the Central District of California to represent entities and individuals who turn to him for the most complex, high-stakes white collar criminal cases, internal and government-facing investigations, securities and regulatory enforcement matters, and related litigation and trials. Brian routinely advises clients on a wide range of matters involving corporate and securities fraud, the Foreign Corrupt Practices Act and global anti-corruption laws, workplace misconduct, public corruption, cybersecurity, FinTech and blockchain technologies, trade sanctions, whistleblowing, and human rights and supply chain due diligence, among other areas.Brian’s practice also focuses on providing sensitive crisis management and compliance counseling, and he has extensive experience leading the design, enhancement, and implementation of cross-border compliance programs. He regularly leads global risk assessments and provides compliance and crisis preparedness training to companies, boards, and employees.In addition to his many years in private practice, Brian served as Deputy General Counsel and Group Chief Compliance Officer at media and entertainment company 21st Century Fox, and as an Assistant United States Attorney in both the Southern District of New York and the Central District of California. At 21st Century Fox, Brian played a critical role in the company’s response to multiple cross-border investigations, including the “UK phone hacking” crisis and the wide-ranging FIFA corruption matter, and oversaw global compliance for Fox broadcast, cable, digital, and sports media businesses, including National Geographic Partners and more than 300 channels in over 180 countries. As a federal prosecutor, Brian tried numerous cases and briefed and argued multiple appeals, as well as led criminal investigations and prosecutions involving complex financial, securities, and healthcare fraud, cybercrime, organized crime and racketeering, money laundering, violent crime, child sexual exploitation, and asset forfeiture, for which he received many commendations and awards. Brian also served as the Violence Against Women Act Coordinator and the Anti-Gang Coordinator for the Central District of California.After graduating law school, Brian clerked for former Chief Judge Gilbert S. Merritt of the U.S. Court of Appeals for the Sixth Circuit.Brian is a frequent public speaker and commentator on investigations, white collar crime, securities and regulatory enforcement, and compliance topics. He serves on the Board of Advisors for Vanderbilt Law School and on the Executive Committee of the Board of Directors for Teach Democracy, a non-partisan nonprofit dedicated to advancing civics education and engagement among largely underserved youth. He is also a member of the Board of Directors of the Southern California Regional Subcommittee of the ABA’s White Collar Crime Committee and a Fellow of the American Bar Foundation.Brian earned his B.A. with distinction in general scholarship from the University of California at Berkeley and earned his J.D. from Vanderbilt Law School, where he was elected Order of the Coif.<h4>Representative Experience</h4><h5>Government-Facing Investigations</h5><ul><li>Representation of a national governing body for an Olympic sport in an investigation led by the California Attorney General’s Office into historical allegations of sexual misconduct and abuse by local affiliates, resulting in successful resolution with no adverse findings.</li><li>Representation of a global auto manufacturer in connection with an investigation by the U.S. Attorney’s Office for the Central District of California into alleged foreign bribery and the prosecution of a former employee, successfully resulting in no adverse action against the company.</li><li>Representation of a prominent nonprofit entity in an internal investigation into multiple complaints regarding conflicts of interest, self-dealing, and other significant misconduct committed by top-level executives, resulting in successful separation of the executives on favorable terms for client.</li><li>Representation of a world-leading publisher of online video content in an investigation led by the New York Attorney General’s Office into alleged violations of state law regulating the nature of online content, resulting in successful outcome with no adverse action.</li><li>Representation of prominent private high school in Los Angeles embroiled in the Varsity Blues college admissions scandal, across from the U.S. Department of Justice.</li><li>Representation of a lobbyist in connection with a high-profile and wide-ranging corruption probe of the Los Angeles City Council led by the U.S. Attorney’s Office for the Central District of California, successfully resulting in no criminal action against client.</li><li>Representation of a fund and its three managing members in connection with investigations led by the U.S. Attorney’s Office for the Central District of California and the SEC related to a $500+ million Ponzi scheme and the prosecution of the perpetrator in the largest Hollywood Ponzi scheme ever, successfully resulting in no criminal or civil enforcement actions; featured in a lead story in The New Yorker, CNBC’s America Greed, and multiple documentaries, podcasts, and other publications including the Amazon Prime docuseries Hollywood Hustler: Glitz, Glam, Scam and Evan Osnos’s 2025 book of essays, The Haves and the Have-Yachts.</li><li>Representation of senior executives for multiple entities in connection with U.S. Department of Justice criminal and civil enforcement investigations, and related FDA proceedings, related to COVID-19 testing protocols and devices.</li><li>Representation of a high-profile individual in connection with asset forfeiture and related proceedings concerning the 1MDB criminal prosecution in the Eastern District of New York.</li><li>Representation of a former senior research scientist of a multinational life sciences company in an internal investigation and parallel FDA investigation regarding alleged research misconduct by the former CEO in relation to the then-most expensive drug therapy ever, resulting in no enforcement action.</li></ul><h5>Internal and Board Investigations</h5><ul><li>Engaged by the California Department of Justice’s (DOJ) Office of the Attorney General to lead and conduct an independent review of DOJ’s public release of confidential personal information associated with firearms permit holders and applicants, and to prepare and release a public report setting forth detailed factual findings regarding the data release and recommendations for remedial actions.</li><li>Representation of a public multinational media company in multiple highly sensitive internal investigations into manipulation and tampering by third parties of core business activities and information, resulting in successful disruption and cessation of the improper activities and preservation of company’s business integrity.</li><li>Representation of a global auction house in an internal investigation of misconduct by senior executive and advising company leadership and board on mitigation and remediation arising from investigative findings.</li><li>Representation of a global FinTech entity in investigating alleged financial misconduct in Asia-Pacific region that came to light during due diligence for a time-sensitive and significant transaction, resulting in the successful closing of the transaction.</li><li>Representation of CEO and founder of prominent digital media company in board investigation of allegations of misconduct from co-founder, resulting in successful determination that allegations were unfounded.</li><li>Representation of senior public university executive in an investigation arising from whistleblower allegations of misconduct directed towards university’s leadership, resulting in successful finding of no wrongdoing.</li></ul><h5>Compliance Counseling, Crisis Management, and Due Diligence</h5><ul><li>Representation of a global FinTech entity in the design and implementation of a global compliance infrastructure related to the successful roll-out of a new payment tool.</li><li>Led crisis response for prominent investment funds in response to racially charged incidents at real estate developments in the wake of the George Floyd incident, resulting in successful resolution of the conflicts.</li><li>Led due diligence for prominent hedge fund in connection with potential/successful deal activity.</li></ul><h5>Complex Litigation and Trials</h5><ul><li>Representation of high-net-worth individual in dispute over distribution of significant marital estate in litigation across from former spouse, resulting in successful resolution for client.</li><li>Representation of a high-profile professional athlete in mediation and litigation across from former spouse regarding sensitive personal matters.</li><li>Representation of prominent Hollywood executive in connection with termination due to allegations of misconduct and subsequent successful arbitration resulting in finding that termination was unlawful, along with significant financial recovery for client.</li><li>Defense of a global auto manufacturer in consumer fraud litigation across California, including extensive trial preparation for multiple cases the led to successful resolution on favorable terms for client.</li><li>Representation of healthcare executive in complex financial dispute across from multiple insurance carriers, resulting in mediated settlement and dismissal of action.</li></ul>

Brian Michael

Sandeep Nandivada is a partner in the Litigation Department of Morrison Foerster’s Washington, D.C. office. Sandeep’s practice focuses on civil litigation, complex internal investigations, and government contracts compliance, including matters related to cybersecurity and artificial intelligence. His clients note that he “stands out for his strategic thinking and mastery of complex problem-solving. Sandeep’s leadership inspires confidence, and his collaborative approach ensures that every project benefits from both strategic insight and meticulous attention to detail” (The Legal 500 US 2025).Sandeep’s civil litigation practice focuses on bid protests, contract claims, subcontract disputes, and False Claims Act matters. He has litigated numerous protests before the Government Accountability Office, U.S. Court of Federal Claims, and the Small Business Administration Office of Hearings and Appeals across an array of subject matters—including some of the largest and most-high profile public procurements. Sandeep also has supported clients on significant claims, requests for equitable adjustments, and subcontract disputes involving a variety of performance or cost related issues.In addition, Sandeep has extensive experience conducting investigations with False Claims Act, Anti-Kickback Act, Procurement Integrity Act, and suspension and debarment implications. He has advised clients regarding procurement fraud, anti-corruption, procurement integrity, defective pricing, and cybersecurity, and has assisted clients with voluntary and mandatory disclosures under the FAR. Sandeep also was seconded to Northrop Grumman as Investigations Counsel.Sandeep also regularly advises clients on FAR and DFARS compliance issues, particularly issues related to cybersecurity, commercial item contracting, Buy American Act and Trade Agreements Act compliance, and organizational conflicts of interest. He also works with clients to evaluate and develop ethics and compliance programs.Sandeep is ranked as “Up and Coming” in Government Contracts by Chambers USA and was named a “Rising Star” in 2020 by Law360 and National Law Journal, as well as DCA Live in 2018. He also has been named a Recommended Lawyer by The Legal 500 and as “One to Watch” by Best Lawyers. He is active in the American Bar Association’s Public Contract Law Section, currently serving as vice-chair on both the Cybersecurity, Privacy, and Emerging Technology Committee and the Procurement Fraud and False Claims Committee. In 2026, Sandeep was named to Law360’s Aerospace & Defense editorial board.Sandeep graduated With Honors from the George Washington University Law School, where he was Editor-In-Chief of The George Washington Journal of Energy and Environmental Law, Vice President of Internal Competitions for the Moot Court Board, a legal writing fellow, and a member of the Alternative Disputes Resolution Board. He received his undergraduate degree from Cornell University with Distinction in all Subjects in History.Sandeep is admitted to practice in Virginia, the District of Columbia, and before the U.S. Court of Federal Claims, the U.S. District Court for the Eastern District of Virginia, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Court of Appeals for the Fourth Circuit.<h4>Representative Experience</h4><h5>Litigation</h5><ul><li>Successfully protested award of $45B Department of Energy contract for nuclear waste cleanup at the Hanford site in Washington State on behalf of Hanford Tank Disposition Alliance, LLC.</li></ul><ul><li>Successfully protested award of $10B Joint Enterprise Defense Infrastructure (“JEDI”) Contract on behalf of Amazon Web Services, Inc. </li><li>Successfully resolved notice of potential debarment for Department of Defense contractor without any administrative penalties or sanctions.</li><li>Successfully defended award of LOGCAP V contract and associated task orders to Vectrus Systems Corporation.</li><li>Successfully protested $87.4 million contract award based on agency’s failure to identify organizational conflicts of interest for the awardee.</li><li>Successfully defended award of IDIQ contract for Transformation Twenty-One Total Technology Next Generation procurement.</li><li>Successfully resolved False Claims Act and Procurement Integrity Act allegations, without litigation, on behalf of government contractor.</li><li>Represented large defense contractor in response to agency show cause letter and in certified claim against agency, and successfully negotiated favorable settlement.</li></ul><h5>Investigations</h5><ul><li>Conducted internal investigations for multiple clients concerning data breaches, including counseling such clients on remediation and reporting obligations.</li><li>Conducted internal investigation regarding major defense contractor’s accounting and business systems practices, including representing client’s interests with the Defense Contract Audit Agency and advising client executives regarding proposed changes and remedial actions.</li><li>Conducted internal investigation concerning allegations of fraudulent billing, including submission of mandatory and supplemental disclosures to agency inspectors general.</li><li>Conducted internal investigation for major defense contractor responding to subpoena from federal agency seeking commercial cost data, including successfully negotiating the scope of the subpoena.</li><li>Conducted internal investigation regarding major defense contractor’s compliance with export control laws and regulations.</li><li>Conducted internal investigation for major defense contractor regarding contract performance issues.</li><li>Conducted internal investigation for major defense contractor concerning Procurement Integrity Act compliance.</li><li>Conducted Foreign Corrupt Practices Act investigation for multinational corporation.</li></ul><h5>Compliance</h5><ul><li>Conducted multiple multi-national government contracts compliance review and associated risk assessment for a Global Fortune 500 company, including recommending process improvements and policy changes.</li><li>Conducted multinational compliance review regarding conflicts of interest and anti-kickback policies.</li><li>Counseled major government contractor regarding cybersecurity disclosure obligations.</li><li>Counseled clients regarding compliance with applicable Pay-to-Play, Lobbying, and Revolving Door restrictions.</li></ul>

Sandeep Nandivada

<div class="videoWrapper"><iframe class="sticky-video" allowfullscreen="1" allow="autoplay; encrypted-media" frameborder="0" src="https://www.youtube-nocookie.com/embed/Q0TTyb7UVt4?rel=0" title="Lisa M. Phelan" title="iframe"></iframe></div>Lisa Phelan, former Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division of the U.S. Department of Justice (DOJ), is a partner and head of Morrison Foerster’s Cartel Defense Practice and a member of the Investigations + White Collar Group. With more than 25 years of service at the DOJ as one of the leading authorities in criminal antitrust matters, Lisa draws upon her unmatched criminal investigations, litigation, and enforcement experience to guide clients through sensitive issues pertaining to domestic and international cartel actions and white-collar investigations and to rapidly assess and address their risk and total exposure to potential claims of unlawful collusion.Clients turn to Lisa for her knowledge and understanding when subpoenaed or when enforcement agencies execute a search warrant or stage a dawn raid. Few have the breadth of her experience to counsel and represent clients through each step of a cartel investigation, leniency application, plea negotiation, or criminal jury trial. Additionally, Lisa is an expert in the components of effective compliance programs and is an asset to clients in preventing antitrust problems before they arise. She has led complex antitrust matters across numerous major industries, including financial services, technology, aviation, automotive, shipping, paper, petroleum, chemicals, and pharmaceuticals, among others.As Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division, Lisa supervised and coordinated all investigative and litigation work on international and national criminal cartel cases. Lisa regularly coordinated investigations and prosecutions with cartel enforcement agencies worldwide, including in the European Union, Japan, Mexico, Korea, the United Kingdom, Australia, New Zealand, Chile, and Brazil, among others. Additionally, she often interfaced with other law enforcement units when investigations raised non-antitrust issues.Before Lisa was appointed Chief of National Criminal Enforcement, she served as a senior criminal litigator in the Antitrust Division, leading investigations and trials of multinational corporations and their executives for price-fixing and related crimes. Lisa prosecuted more than 300 federal criminal cases and led and oversaw dozens of jury trials throughout her tenure at the DOJ.Lisa has received numerous accolades throughout her career, including the Presidential Rank Award, awarded by President Obama in 2015, the Attorney General’s Distinguished Service Award, awarded by Attorney General Eric Holder in 2014; and, on multiple occasions, the Assistant Attorney General’s Outstanding Service Award, while serving as a lead trial attorney and a senior official at the DOJ.Law enforcement agencies and competition partners consult Lisa on best practices and policies in cartel enforcement and leniency programs. She has been frequently acknowledged for her insight and dexterity in the fields in which she practices. Recognitions include:<ul><li>“[Lisa’s] ability to distill information and come to solutions is amazing. We are lucky to be represented by her.” –Chambers USA, 2022 (Client Testimonial)</li><li>“[Lisa] is very knowledgeable on DOJ practices and policies.” –Chambers USA, 2022 (Client Testimonial)</li><li>“[Lisa] is excellent and gives well thought-out and practical advice.” –Chambers USA, 2021 (Client Testimonial)</li><li>“Lisa Phelan has three decades of experience as a DOJ attorney, including serving as Chief of the National Criminal Enforcement section of the Antitrust Division. She is prominent in the market and well-placed to advise clients on criminal cartel proceedings. Sources describe her as a 'fantastic lawyer,’ who ‘knows everything.’” –Chambers USA, 2020</li></ul>Lisa frequently speaks at American Bar Association (ABA), International Competition Network, International Bar Association, and various prominent white-collar crime conferences. She has been an active participant in ABA programs and activities for nearly three decades. Currently, she serves as co-chair of the Antitrust Section’s International Cartel Task Force, which regularly meets with competition agency heads from around the globe to provide thought leadership and to advise on competition law changes and practices, including leniency program criteria. She is also a leader on the Antitrust Section’s Influencer Task Force. Additionally, Lisa proposed and worked to establish the ABA Antitrust Section’s Women.Connected Committee.Lisa has long championed the advancement of women within the legal profession and in the Antitrust Bar in particular. Recognized by MLex as a “trailblazer” for women in antitrust, in recent years, she founded the “Women in Cartel” group, which has expanded its membership nationally and internationally. More than once, she has been named one of Global Competition Review’s Top “Women in Antitrust.” In addition, Lisa serves on the firm’s Women’s Strategy Committee, working closely with firm leaders to ensure that the advancement of women is a constant strategic priority. Lisa is a member of the Women’s White Collar Defense Association.Lisa received her J.D. magna cum laude from American University, Washington College of Law, where she served on the International Law Journal. She received her B.A. summa cum laude, also from American University. Lisa is an adjunct Professor at AU law school, teaching a seminar on Criminal Antitrust.<h4>Representative Experience</h4><ul><li>Represent a European executive indicted in the U.S. on a criminal Sherman Act charge of bid rigging on government contracts.</li><li>Represent a major national healthcare company investigated by DOJ’s Antitrust Division on allegations of criminal agreements not to hire or solicit employees from another major national healthcare company. Obtained a non-prosecution agreement from DOJ for the company and all of its executives.</li><li>Represent a large national health staffing company in multiple grand jury investigations around the U.S. for various alleged Sherman Act criminal violations. Obtained non-prosecution commitment from DOJ for the company and its executives in all matters.</li><li>Represent a major Japanese component parts maker subject to a grand jury investigation by DOJ. Obtained a non-prosecution decision for the company and its executives.</li><li>Represent a large national media company in meetings with DOJ regarding possible anticompetitive conduct.</li><li>Represent a major prescription services company under investigation by the FTC for possible monopolization and abuse of dominance violations.</li><li>Represent an oil and gas industry company under grand jury investigation by the Antitrust Division and obtained a non-prosecution decision from DOJ.</li><li>Represent numerous CEOs and high-level executives in numerous criminal antitrust grand jury investigations.</li></ul>

Lisa Phelan

Nicole Serfoss is a partner in Morrison Foerster’s Securities Litigation and Investigations + White Collar Defense groups and co-chairs its Securities Enforcement practice.Nicole has two decades of experience representing clients in SEC enforcement matters, corporate internal investigations, securities class actions, and shareholder derivative suits. She represents companies, officers, and directors in a wide range of matters involving alleged accounting and disclosure issues. She also frequently assists audit and special committees with investigations following allegations of corporate misconduct.Nicole was named to Securities Docket’s “Enforcement Elite” list in 2025 and has also been recognized as a “Colorado Rising Star” by Super Lawyers. 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 Women’s White Collar Defense Association and the Colorado Women’s Bar Association.<h4>Representative Experience</h4><ul><li>Represented the former CFO of a smart glass manufacturer, Vidul Prakash, in an SEC lawsuit alleging negligence-based claims arising from the company’s accounting for defective products. Shortly before trial, the SEC dismissed the case against Mr. Prakash with prejudice.</li><li>Represented the audit committee of a large, multinational software corporation in an internal investigation into allegations raised by a former employee regarding certain non-GAAP accounting practices.</li><li>Represented Farmland Partners and its CEO and CFO in a federal securities fraud class action in the District of Colorado. Won summary judgment dismissing all claims against our clients. Won motion to dismiss a related derivative action in Maryland state court with prejudice.</li><li>Represented more than two dozen audit and special committees in internal investigations resulting from whistleblower complaints alleging accounting and disclosure issues.</li><li>Represented a Fortune 500 company in an SEC investigation following the company’s announcement of the then-largest data breach in history. Negotiated a favorable consent order with the SEC.</li><li>Represented a Fortune 500 company in an SEC investigation after a high-profile data security incident. Following document production and witness testimony, the matter was closed without any enforcement action.</li><li>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 that was voluntarily dismissed, and a separate shareholder merger challenge settled based upon disclosure updates.</li><li>Defended Crocs and certain of its officers and directors in a securities class action and derivative litigation matter. Won dismissal of federal securities class action against Crocs and individual defendants with prejudice.</li><li>Represented a former CFO in a settlement of securities litigation, derivative litigation, and a related SEC investigation.</li><li>Represented a Fortune 500 company in a Regulation FD inquiry by the SEC. The matter was closed without enforcement action.</li><li>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.</li></ul>

Nicole K. Serfoss

Marian Waldmann Agarwal is a partner in the Data, Cyber + Privacy Group at Morrison Foerster. She also co-leads the firm’s Artificial Intelligence Group and is a member of the global Environmental, Social, and Governance (ESG) Responsible Tech Committee. Marian’s unique blend of business and legal skills, honed through her background in information systems and business management, is a key asset in her role. Her in-house experience as a secondee to two different companies has provided her with firsthand knowledge of the internal business needs required for company initiatives to succeed. Marian has been instrumental in advising global clients on the developing field of AI. Clients seek her guidance due to her extensive understanding of, and experience with, the ethical use of AI and the developing legal compliance requirements, including data privacy and regulatory provisions, in connection with the design and implementation of innovative AI tools. Her work extends to helping clients identify and mitigate the potential risks associated with AI technologies.Marian counsels clients across a range of industries, including technology, finance, consumer goods and services, healthcare, insurance, media, and hospitality. She assists in designing and building their privacy programs, advising on compliance with U.S. and foreign privacy and data protection laws, such as the California Consumer Privacy Act (CCPA) and the EU’s General Data Protection Regulation (GDPR). Her work includes drafting internal policies, procedures, and guidelines for legal and non-legal audiences that incorporate privacy best practices and legal requirements in daily operations. One of Marian’s core strengths is her ability to comprehensively assess and improve privacy programs, and ensure they remain compliant with evolving privacy laws and regulations. She also drafts and negotiates contracts to protect clients’ data in key commercial agreements, advises on cross-border data transfer issues, and assists with completing multijurisdictional surveys of privacy obligations.In addition, Marian uses her privacy, data security, and AI implementation skills to provide pro bono counseling services to a variety of non-profit clients.Marian received her J.D. from University of Pennsylvania Law School in 2004 and her B.S. and M.B.A. from the State University of New York at Buffalo in 1999. Prior to attending law school, she worked as an application specialist for a small software company.