David Siegal

Practices

Education and Clerkships

J.D., Stanford Law School, 1992, with distinction; Stanford Law Review, Notes Editor

B.A., Government, Cornell University, 1989, Phi Beta Kappa

Bar Admissions

New York, 1993

Court Admissions

U.S. District Court for the Southern District of New York, 1994

U.S. Court of Appeals for the Second Circuit, 2001

U.S. Court of Appeals for the Fifth Circuit

Profile

David Siegal is a Partner in the New York office of Haynes and Boone, and co-chair of the firm’s White Collar Criminal Defense Practice Group. His practice focuses on government enforcement defense and internal investigations, as well as sophisticated securities fraud, complex commercial litigation, and cybercrime and data security.

David's representations in enforcement actions and investigations include:

  • The Chief Operating Officer and Director of multiple foreign financial services companies in Tax Division corporate tax fraud investigation into alleged multi-million dollar
  • An investment advisory firm in a Securities and Exchange Commission "pay to play" investigation
  • The General Counsel of an international food chain franchise in a federal grand jury investigation
  • A financial advisor at a Fortune 100 financial institution in a Department of Justice insider trading investigation
  • Several trading and sales personnel at major international financial institutions in multiple investigations by the DOJ, CFTC  and foreign regulators into trading, benchmarking, mark-up practices and anti-competition issues involving foreign exchange, swaps and precious metals markets
  • Multiple employees of major international financial institution in multijurisdictional FCPA and commercial bribery investigation
  • Executive of a mortgage servicing subsidiary of major international financial institution in RMBS investigations by the DOJ, the SEC and state regulatory authorities
  • A founder and CEO of an international oil and gas company in an FCPA investigation relating to alleged indirect payments to a director of a government-sponsored multinational financial institution
  • An executive of a major automobile manufacturer in DOJ investigation relating to National Highway Traffic Safety Administration issues and related civil litigation
  • A foreign corporation in a Bitcoin exchange related federal grand jury investigation
  • An internet technology executive in connection with a Computer Fraud and Abuse Act (CFAA) investigation
  • A hedge fund analyst in connection with a criminal “expert network” insider trading investigation
  • A Managing Director of an offshore equities trading subsidiary of a major Wall Street financial institution in connection with DOJ and SEC investigations into alleged trading improprieties
  • A cash handling and processing company, advising on shifting legal landscape regarding commercial marijuana distribution
  • A trading desk executive at a major financial institution in SEC and FINRA investigations relating to market access regulations
  • Several former credit-derivatives traders of a major financial institution in connection with a FINRA investigation concerning complex financial instrument trading practices
  • A former investment banking division chief of a major financial institution in connection with an SEC FCPA investigation

David's complex commercial litigation and courtroom practice experience includes:

  • Successfully obtaining summary judgment dismissing a federal civil case that sought $30 million on business tort claims against the Chief Operating Officer of major multinational financial conglomerate; he also won a highly unusual motion to invade the privilege, obtaining plaintiff’s attorney-client communications, based on the "offensive use" doctrine.
  • Representing a group of companies in the business of securitizing and servicing real estate backed loans in a $100 million breach of contract action in New York federal court.
  • Successfully obtaining dismissal of multimillion dollar fraud and contract cases brought by investors against international oil and gas magnate in New York Supreme Court, Commercial Division.
  • At New York State's highest court - the Court of Appeals - and below, he Representing the bar associations of each of the five counties in New York in a pro bono litigation against the City and Mayor Bloomberg, challenging the constitutionality of the City's efforts to change the system of assignment of counsel to indigent criminal defendants.
  • Successfully obtaining preliminary injunctive relief in federal district court in New York on behalf of Krispy Kreme Doughnuts against a franchisee for Lanham Act trademark and trade secret claims. 

Between 1999 and 2009, David served as an Assistant United States Attorney in the criminal division of the Southern District of New York, serving as a lead prosecutor on numerous complex white collar investigations and prosecutions, federal criminal jury trials and Second Circuit appeals. As a member of that office's Securities and Commodities Fraud Task Force between 2005 and 2009, David investigated and prosecuted a wide variety of securities industry related matters, including accounting fraud schemes, market manipulation, insider trading and investment adviser fraud. And between 2002 and 2005, as a member of that office's Major Crimes Unit and a Computer Hacking and Intellectual Property (CHIPs) prosecutor, David handled complex fraud prosecutions involving computer technology attacks, data security and intellectual property theft, as well as crimes involving corporate insurance, bank, tax and investment fraud.

David spent the first seven years of his career as a litigator with Paul, Weiss, Rifkind, Wharton & Garrison LLP and then Kronish Lieb Weiner & Hellman LLP (now Cooley Godward Kronish LLP).

David has been a guest-lecturer on insider trading law to MBA students at New York University's Stern School of Business.

David has been recognized as a Super Lawyer - Criminal Defense: White Collar, Business Litigation, 2011-2014. He was also recognized as one of The Best Lawyers in America® in Criminal Defense: White Collar, 2013-2015.

Recognition

Best Lawyers

Best Lawyers in America 2015

Best Lawyers® in America, an annual referral guide listing outstanding attorneys throughout the U.S, has once again recognized Haynes and Boone, LLP lawyers. This year the firm increased its honored practices to 56.

Selected Client Representations

David's representations in enforcement actions and investigations include:

  • The Chief Operating Officer and Director of multiple foreign financial services companies in Tax Division corporate tax fraud investigation into alleged multi-million dollar
  • An investment advisory firm in a Securities and Exchange Commission "pay to play" investigation
  • The General Counsel of an international food chain franchise in a federal grand jury investigation
  • A financial advisor at a Fortune 100 financial institution in a Department of Justice insider trading investigation
  • Several trading and sales personnel at major international financial institutions in multiple investigations by the DOJ, CFTC  and foreign regulators into trading, benchmarking, mark-up practices and anti-competition issues involving foreign exchange, swaps and precious metals markets
  • Multiple employees of major international financial institution in multijurisdictional FCPA and commercial bribery investigation
  • Executive of a mortgage servicing subsidiary of major international financial institution in RMBS investigations by the DOJ, the SEC and state regulatory authorities
  • A founder and CEO of an international oil and gas company in an FCPA investigation relating to alleged indirect payments to a director of a government-sponsored multinational financial institution
  • An executive of a major automobile manufacturer in DOJ investigation relating to National Highway Traffic Safety Administration issues and related civil litigation
  • A foreign corporation in a Bitcoin exchange related federal grand jury investigation
  • An internet technology executive in connection with a Computer Fraud and Abuse Act (CFAA) investigation
  • A hedge fund analyst in connection with a criminal “expert network” insider trading investigation
  • A Managing Director of an offshore equities trading subsidiary of a major Wall Street financial institution in connection with DOJ and SEC investigations into alleged trading improprieties
  • A cash handling and processing company, advising on shifting legal landscape regarding commercial marijuana distribution
  • A trading desk executive at a major financial institution in SEC and FINRA investigations relating to market access regulations
  • Several former credit-derivatives traders of a major financial institution in connection with a FINRA investigation concerning complex financial instrument trading practices
  • A former investment banking division chief of a major financial institution in connection with an SEC FCPA investigation

David's complex commercial litigation and courtroom practice experience includes:

  • Successfully obtaining summary judgment dismissing a federal civil case that sought $30 million on business tort claims against the Chief Operating Officer of major multinational financial conglomerate; he also won a highly unusual motion to invade the privilege, obtaining plaintiff’s attorney-client communications, based on the "offensive use" doctrine.
  • Representing a group of companies in the business of securitizing and servicing real estate backed loans in a $100 million breach of contract action in New York federal court.
  • Successfully obtaining dismissal of multimillion dollar fraud and contract cases brought by investors against international oil and gas magnate in New York Supreme Court, Commercial Division.
  • At New York State's highest court - the Court of Appeals - and below, he Representing the bar associations of each of the five counties in New York in a pro bono litigation against the City and Mayor Bloomberg, challenging the constitutionality of the City's efforts to change the system of assignment of counsel to indigent criminal defendants.
  • Successfully obtaining preliminary injunctive relief in federal district court in New York on behalf of Krispy Kreme Doughnuts against a franchisee for Lanham Act trademark and trade secret claims. 

Featured Publication

New York Law Journal

Charging Expert Network Participants With Wire Fraud

The U.S. Attorney for the Southern District of New York last fall described insider trading on Wall Street as "rampant and [perhaps] on the rise," and more recently, announced that his office is "far from finished" with its ongoing investigation into alleged illicit interrelationships between so-called "expert network" referral companies and hedge funds. Quietly, however, at least one of the government's charging decisions—to charge three company insider "experts" in United States v. Walter Shimoon, et al. with wire fraud, but not securities fraud—may signal that the government believes it faces a more complex legal landscape than first meets the eye...

News and Publications

Professional and Community Activities

  • New York Council of Defense Lawyers
  • Federal Bar Council, Program Committee  
  • American Bar Association: Litigation Section and Criminal Justice Section 
  • New York State Bar Association, White Collar Crime Committee
  • UJA Federation of New York, Lawyers Division, Criminal Law Committee
  • Securities Industry and Financial Markets Association, Compliance & Legal Society (SIFMA/CL)

Honors

Super Lawyers

New York Super Lawyers and Rising Stars Single Out Haynes and Boone Lawyers

A group of well-regarded Haynes and Boone, LLP lawyers have once again been recognized as New York Super Lawyers and Rising Stars. 

Representative Experience

  • Equity Rollover Transaction

    Represent U.S. sellers in an equity rollover transaction in which a U.S. private equity firm acquired a controlling interest in the target U.S. and Canadian businesses.

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