Zachary S. Brez, P.C. - Partner

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Zachary S. Brez, P.C.

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New York
Phone: +1 212-446-4720
Fax: +1 212-446-4900
Overview News Publications

Professional Profile

Zach Brez is a partner in the Government & Internal Investigations Group in the New York office of Kirkland & Ellis LLP. Zach works with companies and individuals to investigate, mitigate and advise on complex enforcement and regulatory matters. He also regularly helps clients develop and implement international compliance programs and advises them on a broad array of international risks.

Zach’s enforcement, regulatory and litigation work focuses on two primary areas: (1) securities, futures and derivative financial products before the DOJ, SEC, and CFTC, as well as FINRA, the CME, ICE, the CFE, and others; and (2) international risk, primarily before OFAC, BIS, CBP, DDTC and CFIUS. Zach routinely advises clients on issues concerning the Foreign Corrupt Practices Act and the anti-money laundering and antiboycott regulations.

Zach is the co-author of two leading practitioner guides 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.


Representative Matters

Prior to joining Kirkland, Zach’s representative matters included:

Securities & Futures Enforcement

  • Lead counsel for international financial services firm in SEC, FINRA, CFTC, and exchange investigations into securities, futures, and derivatives trading.

  • Lead counsel for fund in CME and CFTC investigations into alleged spoofing.

  • Lead counsel for trader in CME and CFTC investigations into alleged spoofing by proprietary trading unit of bulge bracket bank.

  • Lead counsel for bank trader in CME and CFTC investigations into trading practices.

  • Lead counsel for bulge bracket bank in CME arbitration concerning trading practices, where we obtained a complete defense verdict, which was then sustained entirely on appeal.

  • Lead counsel for bulge bracket bank in federal criminal and state attorneys general investigations into the origination, trading, and structuring of residential mortgage-backed securities.

  • Represented private equity client in response to an SEC investigation into trading in connection with a going-private transaction.

  • Lead counsel for “quant” fund in SEC insider trading investigation.

International Risk

  • Lead counsel for international medical device company in responding to OFAC subpoena concerning sales to Iran and BIS voluntary disclosure.

  • Lead counsel for international freight forwarding company in internal as well as government-initiated investigations regarding BIS and OFAC regulations.

  • Lead counsel for Japanese conglomerate seeking CFIUS pre-clearance for acquisition of U.S.-based pharmaceutical assets.

  • Represented customs broker in CBP investigation into duty claims for goods entry.

  • Advised international company on establishing foreign business initiative to comply with Iran sanctions.


Memberships & Affiliations

American Bar Association

Boston Bar Association


Other Distinctions

The Legal 500 U.S. (2016)


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)

  • 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)


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)


Prior Experience

Partner, Ropes & Gray LLP (2010–2017)

Partner, Kirkland & Ellis LLP (2005–2010)

Associate, Kirkland & Ellis LLP (2002–2005)

Staff Attorney, SEC’s Division of Enforcement, New York office (1999–2002)


Courts

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

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