Former SEC and CFTC General Counsels Join WilmerHale's Securities Department

Former SEC and CFTC General Counsels Join WilmerHale's Securities Department


WilmerHale is pleased to announce the arrival of Dan Berkovitz and Mark Cahn. They will enhance WilmerHale’s ability to meet the legal needs of financial services and energy firms during this period of notable regulatory change in the financial markets. Berkovitz comes to WilmerHale’s Futures and Derivatives Practice after an extensive career in the government, most recently as US Commodity Futures Trading Commission (CFTC) General Counsel. Cahn is rejoining the firm’s Securities Litigation and Enforcement Practice after his recent service as General Counsel of the Securities and Exchange Commission (SEC).

“Dan’s and Mark’s experience involving the SEC, CFTC and other regulators will contribute significantly to our ability to handle a wide range of critical issues facing the financial markets and its participants. Their skills and judgment will further strengthen our premier securities practice and our expanding futures and derivatives practice,” said Bob Novick, co-managing partner of WilmerHale.

Berkovitz as CFTC General Counsel was instrumental in implementing the Dodd-Frank Act and advised the Commission in broadening the CFTC’s enforcement program. Previously, he was a senior staff lawyer for the Senate Permanent Subcommittee on Investigations (PSI), leading investigations into the energy markets. He also spent several years at the Department of Energy, the Senate Committee on Environment and Public Works, and the US Nuclear Regulatory Commission.

“Dan was at the CFTC during a period of sweeping reforms and brings great insight into the new regulations and the workings of the agency during this period of rapid change. In addition, his congressional investigations and energy background will benefit many of our clients. We are excited to welcome him to the firm,” said Bill McLucas, chair of WilmerHale’s Securities Department.

Cahn is rejoining WilmerHale after serving from 2011 to 2013 as General Counsel of the SEC. In that role, he advised the Commission and its operating divisions on all the merits and risks of all of its proposed actions. Cahn also served as Deputy General Counsel for Litigation and Adjudication at the SEC from 2009 to 2011. Prior to joining the Commission, he was a securities enforcement and litigation partner at WilmerHale, which he joined in 1988.

Partner Harry Weiss, chair of WilmerHale’s Securities Litigation and Enforcement practice, said, “We are glad to welcome Mark back to the firm as our colleague. He served at the SEC during a time of significant rule-making and enforcement activity, and understands the complexities of the changing regulatory landscape and the challenges facing public companies and shareholders. His experience advising on all enforcement, litigation and regulatory matters at the SEC will be a tremendous value to our clients.”

Berkovitz and Cahn will be residents in WilmerHale’s Securities Department in Washington DC. WilmerHale’s Securities Department offers premier enforcement, litigation and regulatory capabilities relating to the financial services industry, including securities, futures and derivatives. It is widely recognized for its expertise and experience in all aspects of capital markets, investment management, broker-dealer, futures and financial services regulation.