People

Daniel F. Schubert

Partner

Schubert, Daniel F.

Daniel Schubert concentrates his practice on securities litigation and enforcement matters, as well as cybersecurity and data breach-related investigations, with extensive experience representing investment banks, financial institutions, accounting firms, corporations and individuals in a broad range of complex litigation, regulatory and enforcement matters. Mr. Schubert was recently selected for inclusion in the Global Investigations Review's "40 Under 40" List in 2014, which recognizes the world's leading investigations lawyers under the age of 40.

Mr. Schubert’s recent white collar and regulatory matters include representing JPMorgan in connection with various law enforcement and regulatory investigations arising out of the so-called “London Whale” trading losses; representing Morgan Stanley in connection with investigations by the DOJ and SEC into FCPA violations relating to Morgan Stanley’s real estate investing business in China (including the DOJ’s and SEC’s landmark declination in that matter); representing multiple “Big Four” accounting firms in connection with numerous SEC investigations relating to various auditing and independence matters; representing a large hedge fund in connection with an SEC investigation relating to the 2008 financial crisis; and representing individual executives from financial institutions and other corporations in connection with a variety of regulatory and enforcement proceedings.

Mr. Schubert also has a robust practice representing institutions in connection with cybersecurity, data breach and related government investigations, with experience representing both retailers and financial institutions in connection with such matters. Among other things, Mr. Schubert has represented institutions in cyber matters in connection with inquiries by the Department of Justice, Securities and Exchange Commission, various state attorneys general, and Congress, and regularly advises on both controls and disclosure-related matters in the cyber arena.

Mr. Schubert’s litigation matters include representing a large financial institution in connection with a commercial real estate dispute; representing various underwriting groups in connection with multiple putative securities class actions; representing a large, international pharmaceutical company in connection with a contractual dispute and commercial arbitration; representing multiple corporations in connection with merger-related litigation; and representing multiple “AmLaw 100” law firms in connection with professional liability claims.   

Recent Highlights

  • JPMorgan in connection with various law enforcement and regulatory investigations arising out of the so-called “London Whale” trading losses, including assisting with the Company’s response to the governmental inquiries (DOJ, SEC, CFTC, OCC, Federal Reserve and others); responding to the investigation by the US Senate Permanent Subcommittee on Investigations and related hearings; and in connection with the issuance of its January 2013 Management Task Force Report
  • Various retail and financial institutions in connection with data breach and cyber matters, including in connection with related federal and state regulatory and enforcement investigations into breaches
  • Morgan Stanley in connection with investigations by the DOJ and SEC into FCPA violations relating to Morgan Stanley’s real estate investing business in China, including the DOJ’s and SEC’s landmark declination vis-à-vis Morgan Stanley
  • Multiple large US and non-US financial institutions in connection with numerous FCPA “sweeps,” including the SEC’s industry-wide review of Sovereign Wealth Fund businesses and the China hiring/“sons and daughters” investigation
  • Several “Big Four” accounting firms in connection with SEC investigations relating to various auditing and independence matters
  • Various underwriting groups in connection with multiple putative securities class actions
  • Multiple “AmLaw 100” law firms in connection with professional liability claims
  • A large financial institution in connection with a commercial real estate dispute
  • A large hedge fund in connection with an SEC investigation relating to the 2008 financial crisis
  • A major European financial institution in connection with an SEC investigation into potential violations of US broker-dealer and investment adviser registration requirements
  • A large, international pharmaceutical company in connection with a contractual dispute and commercial arbitration
  • An individual executive from a major financial institution in connection with the various LIBOR-related investigations
  • Multiple individual executives in connection with insider trading, FCPA and other regulatory investigations

Publications & News

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August 9, 2017

Cybersecurity Failures May Bring SEC Enforcement Actions, Dan Schubert Tells Wolters Kluwer

WilmerHale Partner Dan Schubert in a Wolters Kluwer interview discusses how cybersecurity issues can lead to SEC enforcement actions.

April 11, 2017

SEC Signals No Patience For Fake News On Stocks

Daniel Schubert is quoted in this Law360 article, which reports on the SEC's charges filed on April 10, 2017, against 27 respondents for disguising promotions as independent research.

November 22, 2016

United States: Handling Internal Investigations

Stephen Jonas and Daniel Schubert published this chapter for The Investigations Review of the Americas 2017 in partnership with Global Investigations Review, which provides a brief primer on how to conduct an effective internal investigation in the United States.

September 10, 2015

DOJ Outlines New Policy Regarding White Collar Cases Against Individuals

The Department of Justice has released a new policy intended to further the Department’s effort to hold individuals accountable for corporate wrongdoing. 

April 15, 2015

The SEC’s Two Primary Theories in Cybersecurity Enforcement Actions

An article by Daniel Schubert, Jonathan Cedarbaum and Leah Schloss, published in the April 8, 2015 edition of The Cybersecurity Law Report, Vol. 1, No. 1.

October 27, 2014

United States: handling internal investigations

WilmerHale attorneys from the Investigations and Criminal Litigation and Securities Litigation and Enforcement Practices co-authored a chapter in the inaugural edition of Global Investigations Review’s "The Investigations Review of the Americas 2015."

April 3, 2014

Global Investigations Review Selects WilmerHale Partners Daniel Schubert and Erin Sloane to Inaugural “40 Under 40” List

Global Investigations Review (GIR) named WilmerHale partners Daniel Schubert and Erin Sloane to its list of 40 of the world's leading investigations lawyers under the age of 40.

February 20, 2014

Update: SEC's Financial Reporting and Audit Task Force

On February 11, Margaret McGuire, Vice Chair of the US Securities and Exchange Commission's (SEC) Financial Reporting and Audit Task Force (Task Force), participated in a DC Bar panel discussion to review the objectives, administration and early initiatives of the Task Force since its formation was announced by the SEC last July.

February 5, 2014

Nine Steps to Reduce Corruption Risk When Entertaining Clients at the 2014 Winter Olympics and Beyond

An article by Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane and Daniel F. Schubert, published in The FCPA Report, Vol. 3, No. 3.

January 8, 2014

2014 Winter Olympics: Anti-Bribery Considerations

The February 2014 Olympic games in Sochi, Russia will serve as an opportunity for many companies to market their products and develop customer relationships in an informal setting. While the business value of these opportunities is evident, companies must be mindful that the US Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, Russian anti-corruption laws, and anti-corruption laws in other countries may impose restrictions on hospitality and other Olympics-related activities.

Speaking Engagements

October 26, 2017

IILP Symposium

New York, New York

Practices

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Education

JD, cum laude, Georgetown University Law Center, 2002, Articles and Notes Editor, American Criminal Law Review, Law Fellow, Legal Research and Writing Program

BA, History, Cornell University, 1999, Dean’s List

Bar Admissions

New York

United States Supreme Court

Clerkships

US District Court for the Eastern District of New York, 2005 - 2006

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