New York
T:
+1 212 848 7216
F:
+1 646 848 7216
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Herbert
S.
Washer
Partner
Education
Boston University School of Law, J.D., 1991, cum laude
Editor, Boston University Law Review
Indiana University, B.S., 1988
Practice
Mr. Washer is the Deputy Practice Group Leader for the firm’s Litigation Group concentrating on the defense of complex securities, derivative-related and commodities matters involving criminal, regulatory and civil proceedings. He represents institutions and individuals in federal and state courts, before regulatory bodies and in internal investigations in matters including accounting fraud, derivative products, commodities and securities trading, banking, yield-burning and price-fixing. Mr. Washer currently serves as lead counsel representing major financial institutions in numerous high-profile matters, including criminal and regulatory investigations into the CDO market, a joint SEC/CFTC investigation into alleged market manipulation, and federal class actions arising out of the underwriting of auction rate securities. He also represented Merrill Lynch in all criminal, regulatory and civil matters arising out of the collapse of Enron.
Mr. Washer is recognized as a leading securities litigator by the major lawyer ranking directories including Chambers USA, Euromoney’s Benchmark Guide to Leading Litigation Firms and Attorneys, Legal 500 and PLC Which Lawyer?. He is an author and frequent lecturer on securities litigation and government investigations.
Experience
- Representing several major banks in connection with SEC investigations and civil litigation arising out of the structuring and/or management of CDOs
- Representing Merrill Lynch in SEC, DOJ, CFTC, and Congressional investigations, as well as securities class actions and related civil litigation, arising from Enron’s collapse, including the historic rejection of “scheme liability” by the Fifth Circuit and U.S. Supreme Court
- Representing major bank in CFTC, SEC and DOJ investigations concerning certain market practices
- Representing major bank in DOJ and New York Attorney General investigation into the credit default swap market
- Representing Bank of America in connection with federal class action arising out of underwriting of auction rate securities
- Representing senior executive of major Swiss bank in criminal investigation concerning subprime securities losses
- Senior executive of major investment bank in criminal and regulatory investigations concerning the subprime securities markets
- Defending underwriters in federal securities class action in connection with underwriting work for a Chinese media company
- Defending of Citigroup, Merrill Lynch, Credit Suisse and others in federal securities class action in connection with underwriting for the IPO of a commodity trading firm
- Representing Credit Suisse in shareholder class action concerning its investment in the Philadelphia Stock Exchange
- Representing underwriters in federal securities class action in connection with underwriting work on IPO for a solar power company
- Representing three major investment banks in federal securities class action in connection with underwriting work performed on an IPO for a media company
- Representing Merrill Lynch in class action related to stock trading and clearing activities
- Representing Amaranth International Limited in FERC and CFTC enforcement actions, as well as federal class actions, in connection with alleged manipulation of the energy markets
- Representing major Japanese chemical company in connection with criminal investigation and civil litigation arising out of alleged antitrust conspiracy
- Representing real estate investment fund in connection with threatened lawsuits by limited partners
- Representing Honda Motor Company in connection with shareholder derivative action alleging securities fraud
- Representing healthcare company in connection with SEC investigation and civil litigation arising out of alleged accounting fraud
- Representing major Japanese bank in SEC investigation and litigation, as well as private civil litigation, arising from allegations of yield-burning
Bar Admissions/Qualifications
New York
Courts
United States Supreme Court
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals for the Eleventh Circuit
United States Court of Appeals - District of Columbia Circuit
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