Schubert_Daniel

Daniel F. Schubert

Daniel Schubert concentrates his practice on white collar and regulatory enforcement matters, with extensive experience representing financial institutions, trading firms, accounting firms, corporations and individuals in a broad range of complex litigation, regulatory and enforcement matters. Mr. Schubert was 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 regularly appears before the SEC, FINRA, DOJ, CFTC, PCAOB, state attorneys general, and other federal and state regulators. He has deep experience in both the financial services and accounting sectors, and regularly represents both institutions and individuals in their highest-stakes enforcement matters.  His recent matters have related to (among other things):  

Financial Services

  • valuation of complex financial instruments;
  • market manipulation and “spoofing”;
  • best execution;
  • insider trading;
  • anti-bribery and corruption;
  • whistleblowing matters;
  • conflicts of interest; and
  • structured products.

Accounting and Auditing

  • sufficiency of audit procedures and audit evidence;
  • valuation of complex financial products and derivatives;
  • valuation of portfolio companies and investments;
  • revenue recognition;
  • non-audit services and Audit Committee pre-approval; and
  • personal independence matters; and
  • other independence-related issues.

In addition, Mr. Schubert also regularly counsels financial and other institutions in connection with cybersecurity, data breach and related government investigations. Among other things, Mr. Schubert has represented institutions in cyber matters in connection with inquiries by the DOJ, SEC, various state attorneys general, federal and state banking regulators, and Congress, and regularly advises on both controls and disclosure-related matters in the cyber arena.

Experience

    • 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
    • A large financial institution in connection with a multi-state attorney general investigation relating to potential conflicts of interest
    • A large financial institution in connection with a state attorney general investigation relating to structure credit products
    • Multiple large financial institutions in connection with FINRA inquiries relating to supervisory controls and regulatory reporting matters
    • 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

Insights & News

Credentials

  • Education

    • JD, Georgetown University Law Center, 2002

      cum laude Articles and Notes Editor, American Criminal Law Review, Law Fellow, Legal Research and Writing Program
    • BA, History, Cornell University, 1999

      Dean’s List
  • Admissions

    • New York

    • United States Supreme Court

  • Clerkships

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

Credentials