Overview

Zach works with companies and their senior officers and directors to investigate, mitigate, defend and advise on complex enforcement and regulatory matters in two primary areas: (1) securities, futures, and derivative financial products before the DOJ, SEC, and CFTC, as well as FINRA, the CME, ICE, CFE, and others; and (2) international risk, such as anti-bribery and corruption, sanctions, anti-money laundering, and anti-boycott issues.

Zach is the co-author of leading practitioner guides in these two areas, which are published by Bloomberg BNA: Sanctions Enforcement and Compliance: A Practitioner’s Guide to OFAC and Commodities & Futures Enforcement: Practice and Procedure in CFTC and SRO Investigations.

Prior to joining Kirkland, Zach was a staff attorney in the Division of Enforcement for the United States Securities and Exchange Commission.

More

Thought Leadership

Publications

Securities & Futures Enforcement

  • Zachary Brez, Allison Lullo and Giselle Sedano, "CFTC 2018 Enforcement: Where the Puck Is Going," New York Law Journal (2018)

  • Zachary Brez, Helen Gugel, Commodities & Futures Enforcement: Practice and Procedure in CFTC and SRO Investigations - Third Edition, Bloomberg BNA (2017)

  • Zachary Brez, Jon Daniels, John Ivey Eagles and Kathryn Roulett, “Recent Developments in CFTC Enforcement,” Bloomberg BNA Securities Regulation & Law Report (November 2016)

  • Zachary Brez, Jon Daniels and Helen Gugel, Commodities & Futures Enforcement: Practice and Procedure in CFTC and SRO Investigations - Second Edition, Bloomberg BNA (2016)

  • Zachary Brez, Helen Gugel and Caitlin Giaimo, “CFTC whistleblower reward program overcomes its growing pains,” Westlaw Journal Derivatives (October 2016)

  • Zachary Brez, Jon Daniels, Megan McEntee, “FERC Enforcement's Increased Attention to Market Manipulation is Coming to a Head,” Bloomberg Law (October 2015)

  • Zachary Brez, Nicholas Berg and David Rojas, “SEC’s Continued Use of Administrative Forum Irks Critics, Raises Sticky Constitutional Questions,” Bloomberg BNA “Corporate Law & Accountability Report” (December 2014)

  • Zachary Brez, Jon Daniels and Joe Harrington, “FERC Strikes Back on Financial Market Jurisdiction in BP Manipulation Case,” Bloomberg BNA’s Daily Report for Executives (July 2014)

  • Zachary Brez, Nicholas Berg and David Rojas, “Must Judge Rakoff Recuse Himself from Hearing Financial Crisis Cases?” Westlaw Next (January 2014)

  • Zachary Brez and Jon Daniels, “Commodities & Futures Enforcement: Practice and Procedure in CFTC and SRO Investigations,” Bloomberg BNA (2014)

  • Zachary Brez and Jon Daniels, “The New Financial Sheriff: CFTC Anti-Fraud Authority After Dodd-Frank,” Bloomberg BNA Securities Regulation & Law Report (2012)

  • Zachary Brez and Carly Baratt, “Subjecting Mortgage-Backed Securities To TIA,” Law360 (June 2012)

  • Zachary Brez, R. Daniel O’Connor, and Kelly O’Connell, “Dodd-Frank, Aiding-and-Abetting Scienter, and Principles of Fairness: Why the SEC Should Not be Allowed to Apply Section 20(e) Retroactively,” BNA Securities Regulation & Law Report (July 2011)

  • Zachary Brez, R. Daniel O’Connor, and Joseph Cleemann, “Control Person Liability,” Bloomberg Law Reports (April 2011)

International Risk

  • Zachary Brez and Michael Casey, “INSIGHT: U.S. Economic Sanctions: Mid-Year Review,” Corporate on Bloomberg Law (July 2018)

  • Zachary Brez, Cori Lable and Jodi Wu, “Challenges and Advice for Multinational Companies in Complying with Chinese Cybersecurity Law,” New York Law Journal (February 2018)

  • Zachary Brez, Michael Casey and Kim Nemirow, “Sanctions Year in Review,” Bloomberg Law’s Corporate Law & Accountability Report (December 2017)

  • Michael Casey, Zachary Brez and Mario Mancuso, “Sanctions Compliance Lessons from Recent OFAC Actions,” Law360 (September 2017)

  • Zachary Brez, Michael Casey, Brendan Hanifin, “Sanctions And Export Control Risks For Health Care Cos.,” Law360 (May 2017)

  • Michael Casey, Zachary Brez and Brendan Hanifin, “Forecasting International Risk Climate Under President Trump,” Law360 (November 2016)

  • Michael Casey and Zachary Brez, Sanctions Enforcement and Compliance: A Practitioner’s Guide to OFAC, 411 Banking Practice Series Bloomberg BNA (November 2016)

  • Michael Casey and Zachary Brez, “6 Months Since Iran Sanctions Relief: Lessons And Forecast,” Law360 (July 2016)

  • Zachary Brez and Samad Pardesi, “Interesting Times Ahead For CFIUS And Foreign Investors,” Law360 (March 2016)

  • Zachary Brez, Michael Casey and Sean Seelinger, “Potential Traps When Doing Business in Iran,” New York Law Journal (February 2016)

  • Zachary Brez, Marcus Thompson, Michael Casey and Sean Seelinger, “FinCEN’s Proposed AML Program & Reporting Requirement Rules,” Bloomberg BNA Securities Regulation & Law Report (December 2015)

  • Zachary Brez, Nicholas Berg, Timothy Farrell and Deanna Foster, “Make No Mistake: The “New Normal” of Aggressive Anti-Money Laundering Enforcement Against Financial Institutions,” Bloomberg BNA Corporate Law & Accountability Report (May 2015)

  • Zachary Brez, Michael Casey “Lessons Learned From the Schlumberger Sanctions Settlement,” Bloomberg BNA Corporate Law & Accountability Report (April 2015)

  • Zachary Brez and Jon Daniels, “Latest Updates on the Securities and Exchange Commission’s Conflict Minerals Rule,” Bloomberg BNA Corporate Law & Accountability Report (May 2014)

  • Zachary Brez, R. Daniel O’Connor and Michael Casey "Takeaways From Weatherford Corruption Settlements,” Law360 (December 2013)

  • Zachary Brez and Michael Casey, “The Perilous Sanctions Regime: Understanding ING Bank’s $619M Settlement With OFAC,” Bloomberg BNA's Banking Report (October 2012)

  • Zachary Brez, Amanda Raad and Jon Daniels, "How To Implement Conflict Minerals Rule Requirements,” Law360 (September 2012)

  • Zachary Brez and Michael Casey, “Al Haramain: Analyzing the Impact of the Ninth Circuit’s Recent Decision on OFAC’s Jurisdiction,” Bloomberg Law Reports Corporate Counsel (January 2012)

  • Zachary Brez and Jon Daniels, “The Travel Act & Anti-Graft Compliance,” Compliance Reporter (October 2011)

  • Zachary Brez and Jon Daniels, “Dodd-Frank and the Curious Case of Conflict Minerals,” Boardmember.com (September 2011)

  • Zachary Brez and Michael Casey, “4 Steps Toward OFAC Sanctions Compliance,” Law360 (August 2011)

Press Mentions

  • Quoted in “Global Trade Sanctions Picture Growing Tenser and Murkier for General Counsel,” Corporate Counsel (May 2018)

  • Quoted in “Mexico Slaps Billionaire’s Steel Company with Fine for Stock Manipulation,” Reuters (February 2018)

  • “Hire Power,” The American Lawyer (February 2018)

Seminars

Securities & Futures Enforcement

  • Moderator, “The Regulators’ Review: Today’s Biggest Enforcement Matters,” GAIM Regulation Conference, New York (February 2014)

  • Panelist, “The Challenges of Multijurisdictional Investigations and Enforcement,” New York State Bar Association Committee on White-Collar Criminal Litigation Symposium, New York (October 2013)

  • Panelist, “Top Priorities at the SEC,” 8th Annual GAIM Ops, Grand Cayman, Cayman Islands (April 2013)

  • Panelist, “Khuzami’s Second Anniversary: Evaluating Changes, Initiatives and Priorities at the SEC Enforcement Division,” (March 2011)

International Risk

  • Speaker, “Conducting Business Overseas, Where’s the Risk?” FDLI Annual Global Business Conference (March 2016)

  • Guest, “With Sanctions Eased, What Kind Of Trade Can Companies Do With Iran?” NPR Morning Edition (January 2016)

  • Speaker, “The SEC’s Conflict Minerals Rule: Overview & Implications,” Corporate Social Responsibility Leadership Course, Fordham Law School (June 2014)

  • Panelist, “Ukraine, Russia, and the Impact of Sanctions on the IFCs,” Harneys Webinar (March 2014)

  • Panelist, “Discussion: Sanctions against Ukraine and Russia and the Impact on Investors,” Harneys Webinar (March 2013)

Recognition

The Legal 500 U.S. (2016)

Memberships & Affiliations

American Bar Association

Boston Bar Association

Credentials

Admissions & Qualifications

  • 2000New York

Court Experience

  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York

Education

  • Georgetown University Law CenterJ.D.cum laude1999
  • University of PennsylvaniaB.A.1994