Peter Anderson, a member of Sutherland’s Litigation Practice Group, has practiced in the securities regulatory and enforcement arena for approximately 30 years. His practice involves representing public companies, their officers and directors, along with financial services, accounting and law firms and their principals in U.S. Securities and Exchange Commission (SEC) enforcement actions, Department of Justice (DOJ) investigations and criminal prosecutions, and complex civil litigation. Peter also represents brokerage firms, broker-dealers and individual brokers before the SEC, all self-regulatory organizations, and state securities regulators and attorneys general in investigations relating to supervision, suitability, sales practices and insider trading.
Peter frequently conducts investigations at the request of audit and special committees of the boards of directors of both public and private companies. Such representations have included investigation into violations of the Foreign Corrupt Practices Act, stock option backdating, securities sales practice abuses, financial reporting fraud, and financial defalcation.
Peter writes, speaks and lectures regularly on securities compliance, regulatory and enforcement issues, accountant liability, and corporate governance. His securities litigation experience includes the defense of multi-district class actions, as well as the defense of financial services and accounting firms in more than 40 federal and state jury trials and in numerous complex securities arbitrations.
Peter’s principal outside interest and passion is his involvement in ServeHAITI, a 501(c)-3 nonprofit organization that provides medical care and treatment to people residing in the mountains of Haiti through the operation of a medical clinic and a water purification program. Peter is ServeHAITI’s Treasurer and a member of its Board of Directors.
REPRESENTATIVE EXPERIENCE Peter’s extensive litigation experience includes:
- Was appointed in May 2008 by the U.S. District Court in Florida, at the request of the SEC, and continues to serve as Receiver over North American Clearing Inc., a financial brokerage entity.
- Representing one of the four Arthur Andersen engagement partners of Enron in connection with the SEC and DOJ investigations. The partner was neither charged by the SEC, indicted by DOJ, nor caused to lose his CPA licensure status.
- Representing a Deloitte & Touche partner in an SEC investigation into financial fraud at Just For Feet Inc. The partner was not charged by the SEC, although the firm and other professionals settled.
- Representing the Chairman and CEOs of Witness Systems Inc. and Scansource Inc. in connection with SEC investigations of stock option backdating. Neither was charged by the SEC.
- Conducting an internal investigation for Immucor Inc. and handling and settling the SEC investigation relating to unlawful payments to foreign officials under the FCPA.The company settled all issues for $50,000. DOJ declined prosecution.
- Defending a broker-dealer for alleged violations of Regulation SP in SEC v. Next Financial Group (2007–2008).
- Defending a Section 5 case involving alleged distribution of unregistered securities in SEC v. Rodney Schoemann (2008–2009).
- Defending a brokerage firm and its president, in an enforcement action relating to the sale of mutual funds in SEC v. IFG and David Ledbetter.
PROFESSIONAL HONORS AND AWARDS
- Selected for inclusion in Georgia Super Lawyers® (2005–2010)
- Named to The Best Lawyers in America in the areas of commercial litigation and securities law (2007–2010)
- Named among the “Legal Elite” by Georgia Trend magazine (2006)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Securities Litigation and Business Law Subcommittees, American Bar Association
- Member and Liaison on Variable Annuity Issues, State Regulation of Securities Committee, Business Law Section, American Bar Association
- Treasurer and Member, Board of Directors, ServeHAITI
- President and past Chairman, The Childhood Autism Foundation in Georgia (CADEF)
- Member, Board of Directors and Executive Committee, Autism Resource Center at Emory University
- Member, Alumni Board, Dickinson College
- Former Chairman of the Board, Paideia School in Atlanta
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Co-author, “Valuation for Compliance Personnel: Strategies and Steps,” Practical Compliance & Risk Management For The Securities Industry (January–February 2009)
- Co-author, “NASD Account Transfer Guidance Points Up a Catch-22,” Investment News (March 26, 2007)
- Author, “Backdating stock options,” Corporate Board Member (February 13, 2007)
- Author, “Regulation S-P Customer Privacy Protections,” Investment News (2007)
- Co-author, “Handling SEC/SRO Investigations,” Broker-Dealer Regulation (2005)
- Author, “NASD Brings Enforcement Action for Class B Mutual Share Sales Abuses and Issues Investor Alert on Class B Shares,” NASD Spring Conference (June 2003)
- Author, “The Debate Surrounding Whether Stock Options Should be Expensed by Corporations: Is there a Greater Cost to Shareholders than What is Reflected in Financial Statements?” Center for International Legal Studies (October 2002)
- Author, “Accounts’ Liability After Enron: Plaintiff’s & Defendant’s Perspectives,” Practicing Law Institute Seminar (2002)
- Speaker, "Don't Prosecute the General Counsel!" Association of Corporate Council (ACC) 2009 Annual Meeting (October 19, 2009)
- Speaker, “Current Issues: The Fallout from the Madoff Debacle to the Rise of Securitized Real Estate,” Atlanta BD/IA Continuity Group (February 24, 2009)
- Speaker, “Sutherland Securities Symposium” Tampa, Florida (July 31, 2008)
- Speaker, “Litigating Against the SEC and FINRA,” Atlanta Bar Association Securities Section Quarterly Meeting (May 8, 2008)
- Speaker, Securities and Corporation Litigation Subsection Meeting, Litigation Section, Atlanta Bar Association (May 1, 2008)
- Speaker, “Compliance Excellence: What Makes You Want to Jump Out the Window?” Investment Product Association’s Annual Convention (April 24, 2008)
- Speaker, “Regulation SP and the Transitioning of Customer Accounts,” Atlanta BD/IA Continuity Group (January 23, 2008)
- Speaker, “Financial Planners and Client Litigation: How to Safeguard Yourself,” Quarterly Meeting The Financial Planning Association of Georgia (October 25, 2007)
- Speaker, “Ever Shifting Role of In House Counsel,” Institute of Continuing Legal Education in Georgia Advanced Securities Law (October 2007)
- Chair and speaker, “The Regulatory ‘Civil War’ Over Variable and Equity Indexed Annuity Sales and Supervision,” ABA Annual Meeting (August 2007)
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