With more than 35 years of experience, Peter Anderson helps public companies, their officers and directors, along with financial services, accounting and law firms and their principals vigorously respond to 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, 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 public and private companies. Such representations include investigation into violations of the Foreign Corrupt Practices Act, securities sales practice abuses including insider trading and market manipulation, financial reporting fraud and financial defalcation.
Peter’s 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.
A member of Sutherland’s
Crisis Management and Complex Litigation Team, Peter also helps clients navigate crises and develop legal response strategies tailored to each specific situation. To learn more about how Sutherland defends companies facing challenges on multiple fronts, including civil litigation and parallel criminal investigations, multi-district litigation proceedings, putative class actions, Congressional investigations and hearings, regulatory investigations, internal investigations, shareholder direct and derivative claims, and corporate disclosure issues, contact Peter or visit
sutherlandcrisismanagement.com.
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
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of litigation (2012)
- Selected for inclusion in Georgia Super Lawyers® (2005-2012)
- Named to The Best Lawyers in America in the areas of bet-the-company litigation, litigation – regulatory enforcement (SEC, Telecom, Energy), litigation – securities, and securities regulation (2012-2013), litigation – banking & finance (2012)
- Recipient, Justice Robert Benham Award for Community Service, State Bar of Georgia (2013)
- Named to The Best Lawyers in America in the areas of commercial litigation and securities law (2007-2011)
- 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,” Practising Law Institute Seminar (2002)
- Speaker, “Financial Fraud: A 2013 Perspective,” Knowledge Congress Webcast (March 14, 2013)
- Speaker, “What Keeps Corporate Counsel Awake at Night,” ACC Georgia Chapter Meeting (October 9, 2012)
- Speaker, “Litigating Against the SEC,” Securities and Corporation Litigation Subsection Meeting, Litigation Section, Atlanta Bar Association (July 26, 2012)
- Speaker, “Litigation Risks of Fair Value Reporting and Disclosure,” AICPA Fair Value Conference (June 6, 2012)
- Speaker, “Foreign Corrupt Practices Act — New Enforcement Initiatives,” Advanced Securities Law Seminar (March 25, 2011)
- Speaker, "Don't Prosecute the General Counsel!" Association of Corporate Counsel (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)