Cheryl Haas-Goldstein, a member of Sutherland’s Litigation Practice Group, focuses on securities litigation and enforcement. She represents public companies, investment companies, investment advisers, broker-dealers and individuals in a wide range of securities matters, with emphasis on regulatory enforcement and litigation involving the U.S. Securities and Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), state regulatory agencies, numerous federal and state courts, and FINRA arbitrations. She regularly advises clients on compliance and defense matters, as well as investigations relating to violations of federal and state securities laws and regulations and NASD rules. Cheryl is also experienced at coordinating numerous simultaneous investigations of a company by several regulators.
In recent years, Cheryl has represented firms and individuals in investigations relating to securities fraud, accounting fraud, insider trading, FCPA violations, market timing, late trading, privacy, variable product and mutual fund transactions, revenue sharing, supervision, and obstruction of justice. Her experience also includes complex commercial litigation, defending investment companies and Fortune 500 companies in suits arising under federal and state securities laws. Cheryl has also litigated disputes arising out of commercial agreements.
Cheryl began her career as a law clerk for the late Honorable David G. Trager of the U.S. District Court for the Eastern District of New York. Before joining Sutherland in 2000, she practiced at a major firm in New York where she specialized in securities and complex commercial litigation.
REPRESENTATIVE EXPERIENCE Cheryl’s extensive representative experience includes:
- Successfully negotiated a favorable settlement for 38 electric cooperatives in a suit to enforce terms under a joint use agreement with another company.
- Successfully represented a Fortune 500 company in several related breach of contract actions.
- Successfully representing an insurance company, affiliated entities and several officers being investigated for market-timing and convincing the SEC not to bring any action.
- Successfully negotiating a settlement with the NASD for a conglomerate of broker-dealers relating to revenue sharing.
- Representing numerous broker-dealers in a variety of SEC, FINRA and state investigations involving variable annuity sales and negotiating favorable settlements.
- Conducting an internal investigation into FCPA violations for an audit committee of the board.
- Successfully defending a broker-dealer and an individual in a hearing against FINRA related to maintaining accurate books and records of the firm.
- Successfully representing broker-dealers being investigated by FINRA, the SEC and state regulators for representatives’ fraud, selling away and violations of Reg. S-P, and convincing regulators not to bring actions.
- Successfully representing broker-dealers and registered representatives in customer arbitrations.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Litigation and Business Law Sections, American Bar Association
- Member, Federal Bar Association
- Member, Compliance and Legal Division, Securities Industry and Financial Markets Association
- Member, Women and Minorities Committee, State Bar of Georgia
- Member, Atlanta Bar Association
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Speaker, “Foreign Corrupt Practices Act — New Enforcement Initiatives,” Advanced Securities Law Seminar (March 25, 2011)
- Speaker, “FCPA – Best Practices to Keep Regulators Away,” ABA Section of Litigation, Corporate Counsel CLE Seminar (February 17-20, 2011)
- Panelist, “The Intersection of Social Networking and Litigation,” NAWL Sixth Annual General Counsel Institute: Managing Through Change: The New Normal (November 4, 2010)
- Co-author, “Keeping FINRA and the SEC from De-Friending You,” Law360 (September 3, 2010)
- Speaker, “Enforcement and Regulatory Update,” Tampa Bay Broker-Dealer Compliance Group Meeting (August 18, 2010)
- Speaker, “Social Media Compliance Issues,” Financial Services Institute (February 2010)
- Co-author, “Analyzing the pros and cons of a ban on mandatory arbitration clauses in the securities industry,” Complinet (November 5, 2009)
- Co-author, “Look on the Bright Side: Analyzing the Pros and Cons of a Ban on Mandatory Arbitration Clauses” (November 4, 2009)
- Co-author, “Avoid Saying 'I Am Sorry' — The Finer Points of Regulation S-P,” NSCP Currents (September/October 2009)
- Speaker, “Regulatory Ripple or Sea Change—What Do We Do Now?,” Compliance & Market Conduct Exchange (June 24–26, 2009)
- Speaker, BD Week Webinar: Sweeps are Not Just for TV Anymore!: As Regulators Start to Get Even Tougher, You Need to be Prepared (June 9, 2009)
- Co-author, “The ‘Red Flags’ Rule: Are You Ready?,” Law360 (April 6, 2009)
- Speaker, “Managing SEC and Internal Investigations in Today’s Environment,” Institute of Continuing Legal Education in Georgia Advanced Securities Law Seminar (March 27, 2009)
- Co-author, “If You Give a Regulator a Record...(How to Handle Requests for Information from Regulators),” NSCP Currents (November/December 2008)
- Author, “Deception Detection: Connect the Dots,” Complinet (November 26, 2008)
- Speaker, Sutherland Securities Symposium (October 30, 2008)
- Co-author, “FINRA’s Proposed Rules: ‘Risks’ and Concerns in Switching to Principles-based Supervision,” Complinet (October 2008)
- Author, “Branch Office Supervision Chapter 4A,” PLI Broker Dealer Regulation (2008)
- Speaker, Sutherland Securities Symposium (July 31, 2008)
- Moderator, Subprime and Hedge Fund—IQPC (November 16, 2007)
- Co-author, “No News Is Good News: Why Securities Firms Often Face ‘Coattail’ Class Actions After Regulatory Settlements or Other Disclosures,” Securities Regulation & Law Report (July 23, 2007)
- Author, “Judicial Rulemaking: Criticisms and Cures for a System in Crisis,” New York University Law Review (April 1995)
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