Michael R. MacPhail

Securities Litigation

Michael handles investigations and litigation by securities regulators including:

• The U.S. Securities and Exchange Commission (SEC)
• The FINRA
• The Public Company Accounting Oversight Board (PCAOB)
• The Colorado Division of Securities
• Other state securities regulators in the Western United States
• The Colorado Board of Accountancy

He represents clients in parallel criminal investigations by federal grand juries, U.S. Attorney's Offices and the U.S. Department of Justice.

Michael handles shareholder demands and represents companies in shareholder litigation, including class action and derivative lawsuits.

Financial Services Litigation

Michael also represents clients in disputes concerning:

• Advertising
• Consumer lending
• Mortgage foreclosures
• Debt collection/debt management
• Franchisee issues

During these disputes, he deals with the Federal Trade Commission (FTC), the Commodity Futures Trading Commission (CFTC), the Colorado Department of Regulatory Agencies (DORA) and the Colorado Attorney General’s Office.

Representing Investment Advisers and Public Companies

Michael has particular expertise in defending publicly held companies and their officers and directors, broker-dealers and investment advisers, and accounting firms and CPAs during government investigations. He responds to pre-litigation subpoenas, prepares clients for testimony and responds to "Wells notices" of intended charges.

Michael has testified at trial as an expert witness on securities industry matters.

Government Experience

After working for the U.S. Court of Appeals for the D.C. Circuit, where he advised panels of judges including current U.S. Supreme Court Justices Clarence Thomas and Ruth Bader Ginsburg, Michael became an enforcement attorney with the SEC. Across 13 years, he investigated possible violations of federal securities laws and eventually becoming a deputy assistant director with supervisory authority over a group of accountants, attorneys and paralegals.