Michele Rose is a senior securities defense litigator with over twenty-five years of experience. She has significant experience in all aspects of litigation, including pretrial investigations, counseling, discovery, motion practice, settlement negotiations, litigation strategy, and trial. Ms. Rose manages teams of lawyers, expert witnesses, and litigation support professionals. She also has extensive negotiating experience, including negotiating complex D&O coverage issues, discovery disputes, and settlements. She routinely reports to and counsels senior management and boards of directors of public and private companies.
Ms. Rose has significant expertise in conducting internal investigations on behalf of public companies and their boards into possible misconduct including financial restatements and other accounting issues, insider trading, Foreign Corrupt Practices Act (FCPA), and other regulatory compliance issues. Her clients include public companies and their boards (including audit committees and special committees), financial institutions, professional firms, senior executives, auditors and lawyers.
Ms. Rose has deep experience in leading complex representations that typically involve resolving investigations and litigation in multiple forums ( e.g., board committees, government agencies and federal and state courts) and satisfying multiple constituencies ( e.g., directors, management, employees, auditors, investors, customers, lenders and carriers).
Ms. Rose was a law clerk to the Hon. Richard A. Paez, United States District Court for the Central District of California (now a member of the Ninth Circuit Court of Appeals).
Represented a technology based education company and several of its current officers and directors in federal securities class action and derivative action alleging disclosure violations. Plaintiff voluntarily dismissed majority of claims at the conclusion of discovery. Negotiated a below market settlement of remaining claims.
Represented an international agri-business client and several of its current and former officers and directors in a federal securities class action and derivative action alleging financial statement and related disclosure violations. In addition to the civil litigation, also handled parallel SEC investigation. Findings were reported to the Company’s Board of Directors, management, outside auditors, the SEC and the DOJ.
Represented former CAO of oil and gas industry company in inquiry into Company’s multiple financial restatements.
Represented large government contractor in inquiry by Home Office into company’s percentage of completion accounting and related disclosure. To date the representation has involved document production and written submission regarding the accounting issues.
Led a team conducting an investigation on behalf of medical device company’s Audit Committee into accounting, disclosure and insurance practices, which ultimately led to the Company’s multi-year restatement of its financials. Findings were reported to the Company’s Board of Directors, outside auditors, and the SEC.