Robert W. Pommer III

Investment Advisers

• A leading investment and advisory firm in an SEC investigation involving allegations of improper valuation practices and undisclosed conflicts of interest
• A private fund manager in an investigation arising out of SEC examination related to disclosure practices and the use of collateralized loan obligations
• A leading global alternative asset manager in an SEC investigation related to trading and compliance issues
• Multiple private equity fund managers in SEC investigations into accelerated monitoring fee and disclosure practices
• A private equity fund manager in SEC investigation into potential misallocation and excess charging of fees and expenses, conflicts of interest, custody rule violations, and breaches of fiduciary duty
• A hedge fund manager and its CEO in parallel insider trading investigations by the SEC and DOJ
• A private equity fund manager and its principal in an SEC investigation into potential breaches of fiduciary duty, conflicts of interest, and misallocation of expenses
• The Chief Operating Officer of a leading activist hedge fund in an SEC investigation and litigation related to alleged breaches of fiduciary duty and conflicts of interest
• A private equity fund manager in an investigation arising out of SEC examination related to misallocation of fees and expenses
• A private equity fund manager and portfolio company in parallel investigations by the Consumer Financial Protection Bureau (CFPB) and Massachusetts Attorney General involving online lending program
• A leading investment adviser and its associated hedge funds in an SEC investigation into securities trading by certain investors in the funds
• A private equity fund manager in an SEC inquiry regarding various business practices and disclosures, including the valuation of assets and charging of management fees
• Multiple private equity fund managers in an investigation by the New York Attorney General related to management fee waiver arrangements
• A private equity fund manager in an arbitration involving breach of contract and conflicts of interest claims
• Various private equity and venture capital firms in connection with SEC investigations into alleged violations of the pay-to-play rules

Financial Institutions/Executives

• A fintech company and provider of online marketplace loans in an SEC investigation of the company’s disclosures of government investigation and related litigation matters
• A leading investment company in parallel investigations by the SEC and DOJ related to expert network consultants and potential insider trading claims
• A senior executive for a large credit-oriented alternative asset manager in connection with an SEC investigation into bond trading and potential conflicts of interest
• A former loan servicer in parallel investigations by the CFPB and SEC involving for-profit student loan program
• A fixed-income sales executive for a leading investment bank in an SEC investigation into the sales and marketing practices relating to asset-backed and synthetic collateralized debt obligations and associated credit default swaps
• The collateral manager in an SEC investigation into portfolio selection, disclosure and credit rating practices relating to asset-backed and collateralized debt obligations and associated credit default swaps
• An executive of a large mortgage lender in connection with an SEC investigation related to subprime financial reporting and disclosures issues
• A broker-dealer in a FINRA statutory disqualification proceeding

Public Companies/Executives

• BP plc and related entities in connection with parallel SEC and DOJ criminal investigations arising from the Deepwater Horizon incident in the Gulf of Mexico
• The CFO and Controller of a leading developer and manufacturer of sports equipment and apparel in an SEC investigation regarding revenue recognition issues
• A leading health care service provider in connection with an internal investigation on behalf of its Audit Committee and related SEC investigation related to accounting restatement and revenue recognition issues
• A global rental services company in connection with an SEC investigation regarding the company's use of Non-GAAP financial measures in certain earnings releases
• The former CFO of a leading manufacturer of personal computers in an SEC administrative proceeding under Rule 102(e)
• A leading E&P materials provider and its CEO in connection with an SEC investigation relating to product performance disclosures, asset impairments and internal controls
• A biopharmaceutical company in connection with an SEC investigation into accounting practices relating to asset impairment and internal controls
• A Senior Tax Manager of a leading multinational oil services company in an SEC investigation related to $900 million accounting restatement arising from improper intercompany tax accounting and internal control weaknesses
• Internal investigation in connection with proposed acquisition on behalf of global engineering products manufacturer related to accounting and revenue recognition issues
• A large multinational company in an SEC investigation regarding the accounting and disclosure for litigation contingencies
• A leading health care provider in an SEC investigation into alleged accounting and disclosure fraud and potential Regulation FD violations
• A global chemical manufacturing company in connection with an SEC investigation regarding accounting for environmental liabilities and related disclosures

Accounting Firms

• A public accounting firm in an investigation by the PCAOB into alleged audit failures
• A PCAOB registered accounting firm in connection with an SEC investigation into the audit of fair value measurements
• A public accounting firm in connection with an SEC investigation into the audit client's restatement and alleged audit failures

Various

• Several entities in SEC investigations involving initial coin offerings, cryptocurrencies and blockchain technology
• Internal investigation on behalf of a special committee of the Board in connection with potential obstruction of justice claims in a prior governmental investigation
• A school district in connection with the SEC's Municipalities Continuing Disclosure Cooperation initiative and related SEC investigation regarding alleged disclosure violations in connection with municipal bond offerings
• A large wholesale distributor of construction materials in an investigation by the Federal Trade Commission (FTC) into alleged anticompetitive practices and other industry activities

Prior Representative SEC Matters

During his tenure with the SEC's Division of Enforcement, Bob was responsible for the following selected matters:

• SEC v. Arthur Andersen, et al.: Staff attorney responsible for the Waste Management/Arthur Andersen financial fraud investigation. The $1.7 billion restatement at Waste Management was then the largest restatement in history. The investigation resulted in federal district court and administrative settlements with Arthur Andersen and four of its audit partners. The judgment against the audit firm included a record civil penalty and antifraud injunction.
• SEC v. Buntrock, et al.; SEC v. Koenig: Trial counsel in accounting fraud action against senior officers of Waste Management, Inc. Negotiated settlements with five defendants and litigated 11-week jury trial against non-settling defendant, Waste Management's CFO. The jury found in favor of the SEC on all counts. The verdict was later affirmed on appeal.
• Royal Ahold matter: Lead trial counsel in administrative Rule 102(e) proceeding and two-week trial involving the audits of US Foodservice, Inc.
• SEC v. Kenney: Lead trial counsel in enforcement action against CEO of a software company involving improper revenue recognition.

Anderson, Kill, Olick & Oshinsky and later Dickstein, Shapiro, Morin & Oshinsky

• Litigation Associate, 1993–1999