Mark Lanpher is a partner in the Litigation practice and Head of the Washington, D.C. Office.

He focuses on white collar, securities, anti-corruption, tax, and other regulatory enforcement investigations and complex litigation matters. He has represented clients in various industries, and regularly works on matters before the Securities and Exchange Commission, Department of Justice, CFTC, FINRA, FTC, IRS, and other Government agencies. 

Mr. Lanpher previously served as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of New York and as Assistant Chief Litigation Counsel in the SEC’s Division of Enforcement in Washington. As a federal prosecutor, Mr. Lanpher served as lead prosecutor and trial counsel on a number of high-profile cases, and also argued appeals before the United States Court of Appeals for the Second Circuit. Mr. Lanpher served in the Office’s Organized Crime Unit, where he prosecuted cases under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), and various fraud statutes; he also served as part of the Office’s Mortgage Fraud Task Force created in the wake of the financial crisis in 2008. For his work as a prosecutor, the United States Attorney General awarded Mr. Lanpher with the John Marshall Award for Trial of Litigation in 2011, and in 2010, Mr. Lanpher was awarded the Federal Law Enforcement Foundation’s Prosecutor of the Year Award. While at the SEC, Mr. Lanpher played a leadership role in numerous significant SEC enforcement investigations, cases, and settlements, including enforcement actions targeting accounting fraud, offering fraud, CDOs, pump-and-dump schemes, and insider trading. In addition, Mr. Lanpher was a member of the SEC’s Cross-Border Working Group and played a key role in investigations and litigations targeting accounting fraud at China-based issuers, addressing the cross-border issues presented by such government investigations.

Prior to his Government service with the Department of Justice and the Securities and Exchange Commission, following law school, Mr. Lanpher served as a law clerk to Chief Judge Edward R. Korman on the United States District Court for the Eastern District of New York, and as a law clerk to Judge Reena Raggi on the United States Court of Appeals for the Second Circuit.

In 2017, Global Investigations Review selected Mr. Lanpher for its “40 Under 40” list of the world’s leading young investigations specialists. Benchmark Litigation selected Mr. Lanpher for its “Under 40 Hot List” in 2016 and 2017 and also recognized him as a “Future Star” in its 2015-2022 editions.

Representative Government and Regulatory Investigations

• Representing multiple hedge funds in SEC and FINRA investigations of potential insider trading 
• Representing major financial institution in multiple SEC investigations of accounting and internal control issues
• Representing major financial institution in SEC investigation of market making activity and compliance with best-execution obligations 
• Representing major financial institution in FINRA investigation of equities trading business 
• Representing former government official in parallel Congressional and DOJ investigations related to 2016 U.S. Presidential Election
• Representing major financial institution in SEC and DOJ investigations related to pre-released ADR securities
• Representing major financial institution in FINRA investigation of sales of restricted securities 
• Representing major financial institution in CFTC investigation of certain swaps trading activity
• Representing CFO of financial institution in SEC investigation of institution’s accounting practices
• Representing individual in DOJ and SEC investigations into foreign bribery
• Conducting independent investigation into alleged FCPA violations on behalf of a committee of the Board of Directors of a U.S.-listed foreign company
• Conducting shareholder derivative demand investigation on behalf of Board of Directors of major financial institution
• Representing major financial institution in connection with various governmental investigations into potential violations of U.S. sanctions laws
• Representing major financial institution in DOJ and CFTC investigations into the bank’s LIBOR and ISDAFIX rate-setting practices
• Representing directors of investment fund in SEC investigation related to fund valuation
• Representing registered investment advisor in SEC investigation related to Rule 105 of Regulation M
• Representing registered investment advisor in SEC investigation into expense allocation practices

Representative Litigations

• Representing the Estate of Andrew J. McKelvey in U.S. Tax Court litigation over alleged tax deficiency resulting from modifications to variable prepaid forward contracts, resulting in favorable decision based on issues of first impression
• Representing Susquehanna International Group in pending U.S. Tax Court litigation raising issue of first impression regarding alleged tax deficiency resulting from guarantees by foreign subsidiaries of U.S. debt obligations
• Representing Ardagh in litigation in US District Court and before FTC Administrative Law Judge over whether announced merger violated Section 7 of the Clayton Act
• Representing CFO of technology company in litigation with SEC over alleged options backdating fraud
• Representing the heirs of journalist Marie Colvin in litigation against the Government of Syria under the Foreign Sovereign Immunities Act for extrajudicial killing

Speaking Engagements

• ACI’s 3rd National Forum on Securities Litigation & Enforcement, Panelist, Washington DC, February 2014
• ACI’s 18th National Forum on D&O Liability, Panelist, New York, NY, October 2014

Selected Publications

• Co-Author, “‘Litvak’ Dicta Provides Counsel Fodder for Challenging Proof of Intent,” New York Law Journal, April 2016
• Co-author, “Broken Windows: SEC’s Controversial Enforcement Philosophy Yields Record Results in 2014,” Bloomberg BNA Securities Regulation & Law Report, 47 SRLR 120, 01/19/2015 
• Co-author, “New SEC Admission Policy May Be Tested Sooner Than Later,” Law360 Expert Analysis, 2013