Consumer & Class Actions,
Contract & Commercial,
White Collar Criminal
Brook Dooley has extensive experience handling complex civil litigation and white collar criminal matters. He has represented individuals and businesses in civil cases involving breach of contract, securities fraud, breach of fiduciary duty, and professional negligence claims. Mr. Dooley has also represented numerous individuals and companies under investigation or indictment by the Department of Justice. He litigates matters throughout the United States and has tried cases to verdict in many state and federal courts, and before arbitration panels.
We defended the former CEO of Fannie Mae in an SEC action filed in the Southern District of New York related to Fannie Mae’s disclosures regarding its exposure to “subprime” and “Alt-A” residential mortgages. We secured a favorable settlement for our client shortly before trial.
We defended a former Citigroup executive in one of the rare financial crisis cases to go to trial. He worked on the structuring desk at Citigroup and was charged with securities fraud in connection with Citigroup’s 2007 marketing of a $1 billion collateralized debt obligation (CDO) backed by assets tied to the housing market. In its enforcement action the SEC contended that Citigroup had played a role in the selection of the CDO’s underlying mortgage securities and had taken a short position in those securities. The SEC contended that our client was negligent for not disclosing information about Citigroup’s actions in its marketing materials. After a two-week jury trial in the Southern District of New York with Judge Rakoff presiding, the federal jury rejected the SEC’s case and found our client not liable on any of the SEC’s claims.
We achieved a favorable resolution of an FDIC investigation of the former President and Chief of Operating Officer of a southern California bank in connection with the bank’s Option ARM and reduced documentation lending practices.
We represented an investment fund executive charged with criminal tax fraud related to a tax-shelter transaction that the fund designed and implemented. We resolved the matter by negotiating a plea to reduced charges.
We persuaded the U.S. Attorney to abandon its criminal stock options backdating investigation of our client, a former CEO. We then sued our client's former company for terminating its relationship with him, and voiding his retirement benefits worth tens of millions. The company agreed to pay our client $16.5 million.
Special prosecutors appointed by the United States District Judge charged our client, a nationally-known Mississippi trial attorney, with federal criminal contempt. We persuaded the court to dismiss the charges following an order to show cause.
We represented a nationally-known Mississippi trial attorney in multiple federal criminal cases alleging judicial bribery and honest services fraud. Our client received favorable plea agreements.
The U.S. Attorney’s Office investigated our client, a prominent plaintiff’s lawyer, in connection with the federal criminal investigation of his firm's historical payment of referral fees in class action litigation. We negotiated a very favorable plea deal before charges were filed.
We defended a leading Internet search engine in a high-stakes binding arbitration. The founders of a company acquired by our client alleged our client breached the merger agreement, and sought hundreds of millions in earn-out compensation. A three-judge panel found in favor of our client on all counts.
We defended a leading enterprise and mobile software company against breach of contract and related claims. The foreign plaintiff alleged he had entered into a joint venture with a company subsequently acquired by our client. We quickly mastered the facts and documents in the case, pushed for early depositions of the key witnesses and an expedited resolution through arbitration, and thus were able to secure a favorable settlement.
We successfully handled a series of state and federal class actions, and related derivative actions for our client concerning its alleged failure to disclose discord among its management. In the federal cases, we prevailed on a motion to dismiss and the subsequent appeal before the U.S. Court of Appeals for the Ninth Circuit. In the state cases we also secured dismissals.
In an amicus brief filed by Keker, Van Nest & Peters, a group of two-dozen former federal judges are defending Judge Emmet Sullivan’s refusal to immediately approve the Justice Department’s bid to drop the prosecution of Michael Flynn. Read more
A group of Lyft drivers in California lost their latest bid to convince a state court judge to immediately reclassify them as employees with paid sick leave to help fight the spread of Covid-19. Read more
San Francisco Superior Judge Ethan Schulman denied a motion that would have reclassified Lyft drivers as employees, so that they can reap the state’s paid sick leave, agreeing with a federal judge who found that such a ruling would jeopardize drivers' access to federal coronavirus relief. Read more
Brook Dooley was quoted by Bloomberg in an article about U.S. Senators selling stocks after briefings on COVID-19 raising concerns for potential insider trading. Read more
This October, white collar lawyers should set their eyes on Kelly v. United States, the one white collar criminal matter the Supreme Court has currently agreed to hear. The case stems from New Jersey’s Bridgegate affair, has headline-grabbing potential, and affords another opportunity for the court to consider the scope of the federal fraud statutes, a la McNally and Skilling. Read more
Brook Dooley, Eric MacMichael, Matan Shacham and Katherine Lovett will cover the significant cases of 2014 and their impact. Read more
Brook Dooley and Eric MacMichael's article highlights some of 2014’s key developments in white collar practice, along with cases to watch in 2015. Read more
Brook Dooley and Matan Shacham provide an overview of Section 17(a), the key differences between Section 17(a) and Rule 10b-5, and significant unanswered questions regarding Section 17(a). Read more
Brook Dooley and Eric MacMichael will discuss cases involving FCPA enforcement, antitrust, public corruption, intellectual property theft, insider trading, and securities enforcement in connection with the financial crisis. Read more
Keker & Van Nest defeats the SEC in this high-profile case. Read more
The New York Attorney General claimed Intel violated federal and state antitrust statutes by maintaining an illegal monopoly in the microprocessor market. Read more