Press Release

Morrison & Foerster Adds Former Janus Capital General Counsel and SEC Enforcement Attorney in Denver

07 Aug 2012

DENVER – August 7, 2012 – Further strengthening the firm’s nationwide investment management and securities litigation and enforcement practices, Morrison & Foerster has added two Of Counsels to its Denver office. Kelley A. Howes joins the firm from Janus Capital Group Inc., a NYSE-listed global investment firm with $152 billion in assets under management, where she was most recently General Counsel. Brian Neil Hoffman joins the firm from the Securities and Exchange Commission, where he was a Senior Attorney in the Division of Enforcement in the Chicago Regional Office.

As Janus’s General Counsel from 2007 to 2011, Ms. Howes was responsible for the company’s global legal, regulatory, corporate governance, internal audit, and insurance matters. Among other things, she managed regulatory examinations, enforcement matters, and multiple class and derivative actions, acted as the company’s Corporate Secretary and was a member of Janus’s Executive Committee, Ethics Committee, Disclosure Committee, and Internal Compliance Controls Committee. She brings over 20 years of experience in the asset management industry to the firm.

“We’re very excited to bring Kelley’s extensive and diverse corporate governance and compliance experience with Janus to the firm,” said Jay G. Baris, chair of Morrison & Foerster’s Investment Management practice. “As outside counselors we strive to own our clients’ most important problems and partner in their solutions. Kelley brings an inside perspective unmatched by most other lawyers in this field. She has truly seen it all.”

Ms. Howes has spent the majority of her career with Janus, joining the company in 1994 as Associate Counsel. She formerly served as Janus Capital Management’s (a Janus Capital Group subsidiary) General Counsel, and Assistant General Counsel. She earned an M.B.A. from Northwestern University’s Kellogg School of Management, her J.D. from Suffolk University School of Law, and her B.A. from St. Lawrence University.

Morrison & Foerster’s investment management practice is nationally ranked in Legal 500 US 2012. The publication writes “the team is praised for its ‘strong client service, high levels of responsiveness and depth of knowledge at the firm.’”

Mr. Hoffman, a former Morrison & Foerster associate from 2001 to 2010, re-joins the firm’s Securities Litigation, Enforcement, and White-Collar Defense Group. At the SEC he investigated and litigated potential insider trading, corporate reporting and controls violations, and other securities fraud claims. Recently, Mr. Hoffman tried an administrative and cease-and-desist proceeding against a former partner of an investment advisor to private equity funds who created and exploited undisclosed conflicts of interest to gain lucrative personal advantages.

“Continuing to grow our Securities Enforcement practice is of strategic importance to the firm, and will be invaluable to our clients,” Randall J. Fons, Denver managing partner and co-chair of the firm’s 125-lawyer Securities Litigation, Enforcement, and White-Collar Defense Group, said. “Brian’s knowledge of SEC enforcement proceedings and his familiarity with the firm’s lawyers and clients make him an immediate asset. We’re thrilled to welcome him back.”

As an associate, Mr. Hoffman conducted internal investigations of stock option backdating, executive compensation, revenue recognition, and FCPA matters for corporate clients. He defended Fortune 500 and other companies, and officers and directors, in SEC and DOJ proceedings. And he was a key contributor to teams that won dismissals of multiple shareholder class action and derivative litigations. As first-chair trial counsel in the Municipal Code Trial Advocacy Program with the Denver City Attorney’s office, Mr. Hoffman prosecuted 19 cases, including eight jury trials.

Mr. Hoffman earned his J.D. from New York University School of Law and his B.A. from Washington University in St. Louis. He also completed a year of coursework in international relations, political science, economics, and foreign policy with the London School of Economics and Political Science.

Morrison & Foerster’s Securities Litigation, Enforcement, and White-Collar Defense Group is nationally ranked in Chambers USA 2012, Legal 500 US 2012, and U.S.News – Best Law Firms 2012.

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