Kevin J. Harnisch

Head of White-Collar and Co-Head of RISC, United States
Norton Rose Fulbright US LLP

Kevin J. Harnisch

Kevin J. Harnisch

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Biography

Kevin J. Harnisch joined Norton Rose Fulbright in November 2015. He serves as Head of White-Collar and Co-Head of Regulation, Investigations, Securities and Compliance (RISC), United States.

Kevin is a litigator who defends clients before the United States Securities and Exchange Commission (SEC), FINRA and other self-regulatory organizations, the Department of Justice, the US Commodity Futures Trading Commission (CFTC), US attorney's offices, and federal courts.  He handles matters relating to securities enforcement defense, internal investigations, and anti-corruption issues, and represents corporations and their directors and officers, broker-dealers, hedge funds, private equity funds, and investment banks.

Kevin served as a Branch Chief in the Division of Enforcement of the SEC, where he led cases regarding financial fraud, market manipulation, insider trading, the Foreign Corrupt Practices Act (FCPA), and municipal bond offerings.  He has authored numerous articles and he frequently lectures on federal securities law and anti-corruption issues.

Kevin has significant experience defending public companies in a wide array of SEC, DOJ and other government agency investigations. Those investigations often pertain to such issues as the accuracy of financial statements, undisclosed related party transactions, the adequacy of internal controls, the FCPA and other anti-corruption laws, responses to whistleblowers, and potential insider trading. 

He is also active in representing broker-dealers in various matters, including in anti-money laundering and suspicious activity reporting issues, market manipulation, order handling and best execution, managing conflicts of interest, the reasonableness of supervision, and the effectiveness of internal controls.

Kevin has significant experience leading cross-border investigations for clients across a variety of industries. In addition to representing clients in government investigations and conducting internal investigations, Kevin regularly counsels on compliance issues, including ESG disclosures and corporate governance issues.


Professional experience

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JD, magna cum laude, Seattle University School of Law, 1995
BBA, magna cum laude, University of Notre Dame, 1992

  • District of Columbia Bar

Broker-Dealers

  • Represented broker-dealers in anti-money laundering and suspicious activity reporting issues.
  • Represented broker-dealer in SEC and FINRA investigations regarding market manipulation
  • Represented broker-dealers in contested FINRA enforcement actions regarding the sale of unregistered securities
  • Represented broker-dealer in contested FINRA enforcement action regarding the sale of non-traded REITs
  • Represented broker-dealer in contested regional stock exchange enforcement action in which the SEC ultimately dismissed the sanctions
  • Represented broker-dealers in enforcement actions by various self-regulatory organizations concerning trade reporting, order handling, internal controls, and supervision


Hedge Funds

  • Represented hedge funds in insider trading investigations conducted by the SEC and the DOJ
  • Represented hedge funds in SEC investigations concerning the structuring, valuation and sales of CDOs
  • Represented hedge fund in SEC investigation concerning the valuation of illiquid assets
  • Represented hedge fund in SEC, DOJ, Treasury and SIGTARP investigations concerning the failure of Colonial National Bank
  • Represented hedge fund in CFTC investigation concerning market manipulation


Public Companies

  • Represented issuer in SEC investigation regarding the accuracy of financial statements, undisclosed related party transactions, and potential insider trading
  • Represented financial institution in SEC and DOJ investigations concerning the disclosures and accounting treatment of mortgage portfolios
  • Represented issuer in NASDAQ investigation and delisting proceeding
  • Represented issuer in internal investigation and SEC investigation regarding whistleblower complaint of improper revenue recognition practices
  • Represented former officer of Fortune 500 company in SEC, DOJ and CFTC investigations concerning energy trading


Anti-Corruption

  • Represented defense contractor in internal investigation concerning potential FCPA issues
  • Represented aircraft manufacturer in internal review of potential FCPA issues
  • Represented officer of Fortune 500 company in FCPA investigation
  • Regularly advise companies on anti-corruption compliance issues, including due diligence reviews and drafting anti-corruption policies
  • The Best Lawyers in America, Litigation - Securities, Best Lawyers, 2024
  • Acritas Star, Acritas, 2020 - 2021
  • Legal 500 US, Recommended Lawyer, Dispute resolution - Securities litigation: Defense, The Legal 500, 2018 – 2021
  • Legal 500 US, Recommended Lawyer, Dispute resolution, International Litigation, The Legal 500, 2021
  • Washington DC Super Lawyer, securities litigation, Thomson Reuters, 2016 – 2019
  • Co-author, "We will find you and hold you accountable": Treasury's warning to digital asset bad actors," Norton Rose Fulbright Legal Update, December 2023
  • Co-author, "US DOJ highlights trends in corporate investigations," Norton Rose Fulbright Legal Update, December 2023
  • Co-author, "US SEC charges SolarWinds and its CISO for alleged cybersecurity misstatements and controls failures," Norton Rose Fulbright Legal Update, November 2023
  • Co-author, "US SEC continues to pursue aggressive and arbitrary regulation of NFTs," Norton Rose Fulbright Legal Update, September 2023
  • Co-author, "US SEC adopts wide-reaching rules for private fund advisers," Norton Rose Fulbright Legal Update, August 2023
  • Co-author, "US SEC issues final rule on cybersecurity disclosures," Norton Rose Fulbright Legal Update, July 2023
  • Co-author, "US Federal Court issues mixed ruling in watershed SEC action on Ripple's XRP," Norton Rose Fulbright Legal Update, July 2023
  • Co-author, "SCOTUS further narrows the scope of federal public-corruption charges," Norton Rose Fulbright Legal Update, May 2023
  • Co-author, "First NFT "insider trading" trial ends in criminal conviction based on novel theory," Norton Rose Fulbright Legal Update, May 9, 2023
  • Co-author, "Failed Bank Execs Could Be Targets After Biden Proposals," Law360, April 19, 2023
  • Co-author, "Judicial scrutiny of agency adjudicative authority enhanced by SCOTUS," Norton Rose Fulbright Legal Update, April 2023
  • Co-author, "US SEC targets Coinbase, signaling stricter enforcement against crypto exchanges," Norton Rose Fulbright Legal Update, March 2023
  • Co-author, "President Biden seeks expansion of power to punish executives of failed banks," Norton Rose Fulbright Legal Update, March 2023
  • Co-author, "US SEC sues ransomware victim for misleading disclosures," Norton Rose Fulbright Legal Update, March 2023
  • Co-author, "US DOJ implements first-ever incentive program to clawback employee compensation," Norton Rose Fulbright Legal Update, March 2023
  • Co-author, "US DOJ Criminal Division Announces Revisions to Corporate Enforcement Policy," Norton Rose Fulbright Legal Update, January 2023
  • Co-author, "US SEC's ESG task force strikes again with a US$4m settlement," Norton Rose Fulbright Legal Update, November 2022
  • Co-author, "US SEC releases new rule on executive compensation clawbacks," Norton Rose Fulbright Legal Update, October 2022
  • Co-author, "FCPA & Brazil: GOL's Sky-High Settlement," Latinvex, September 28, 2022
  • Co-author, "Another sky-high settlement: Airline fined more than US$150m for FCPA violations," Norton Rose Fulbright Legal Update, September, 2022
  • Co-author, "US SEC prevented from expanding fraudulent scheme liability," Norton Rose Fulbright Legal Update, August 2022
  • Co-author, "SDNY and SEC bring first cryptocurrency insider trading case," Norton Rose Fulbright Legal Update, July 2022
  • Co-author, "US SEC settlement demonstrates the risks to investment advisers of using ESG investment decision-making metrics," Norton Rose Fulbright Legal Update, May 2022
  • Co-author, "US SEC proposes new ESG disclosure rules for funds and advisors," Norton Rose Fulbright Legal Update, May 2022
  • Co-author, "US SEC administrative tribunals held unconstitutional," Norton Rose Fulbright Legal Update, May 2022
  • Co-author, "Why-And How-U.S. Companies Are Preparing For Increased Investigation And Regulatory Challenges," Chief Executive Magazine, May 10, 2022
  • Co-author, "Return of the monitorship: SEC and DOJ settle US$84M FCPA claims and impose monitorship on medical waste services company," Norton Rose Fulbright Legal Update, April 2022
  • Co-author, "The US Securities and Exchange Commission proposes new rules on climate-related disclosures," Inside Turkey, April 27, 2022
  • Co-author, "US SEC proposes new rule on cybersecurity disclosures," Norton Rose Fulbright Legal Update, March 2022
  • Co-author, "US SEC proposes new rules on climate-related disclosures," Norton Rose Fulbright Legal Update, March 2022
  • Co-author, " Rare US FCPA advisory opinion sheds light on duress payments," Norton Rose Fulbright Legal Update, February 11, 2022
  • Co-author, "Climate change and sustainability disputes: Greenwashing," Norton Rose Fulbright Legal Update, February 2022
  • Co-author, "Who gets to decide to pay the ransom in a ransomware attack?," Data Protection Report, January 18, 2022
  • Co-author, "Production of Information to the Authorities," Global Investigations Review, January 14, 2022
  • Co-author, "US SEC's proposed amendments to insider trading plans and related disclosures," Norton Rose Fulbright Legal Update, December 20, 2021
  • Co-author, "SEC and CFTC considerations regarding carbon credits and ESG disclosures," Norton Rose Fulbright Legal Update, November 3, 2021
  • Co-author, "Recent US SEC briefing on gamification," Norton Rose Fulbright Legal Update, October 27, 2021
  • Co-author, "SEC SPEAKS: Enforcement's Planned Use of Aggressive Remedies," Norton Rose Fulbright's Financial Services: Regulation Tomorrow Blog, October 26, 2021
  • Co-author, "US Department of Justice's establishment of a tip line to assist the Anticorruption Task Force in Central America," Norton Rose Fulbright's Financial Services: Regulation Tomorrow Blog, October 21, 2021
  • Co-author, "A direct line from Central America to the US DOJ:  The Anticorruption Task Force establishes a tip line for the Northern Triangle," Norton Rose Fulbright Legal Update, October 21, 2021
  • Co-author, "SEC targets climate change disclosures," Norton Rose Fulbright's Financial Services: Regulation Tomorrow Blog, September 29, 2021
  • Co-author, "SEC announces three actions charging firms for cybersecurity deficiencies," Norton Rose Fulbright Legal Update, September 2, 2021
  • Co-author, "Climate Change and Sustainability Disputes: Securities Litigation," Norton Rose Fulbright Legal Update, July 2021
  • Co-author, "US Supreme Court clarifies standards for rebutting price impact in securities class actions," Norton Rose Fulbright Legal Update, June 22, 2021
  • Co-author, "House Passes Bill Directing Disclosure of ESG Metrics," Norton Rose Fulbright's Financial Services: Regulation Tomorrow Blog, June 17, 2021
  • Co-author, "House Passes Bill Directing Disclosure of ESG Metrics," Regulation Tomorrow blog, June 7, 2021
  • Co-author, "US Department of Justice admits error on insider trading convictions," April 16, 2021
  • Co-author, "SEC ESG Subcommittee panel debates framework for mandatory disclosures," March 24, 2021
  • Co-author, "SEC makes clear an ESG disclosure framework is coming and opens comment period on potential climate change disclosures," March 16, 2021
  • Co-author, "Chapter 11 Production of Information to the Authorities, The Practitioner's Guide to Global Investigations, March 2, 2021
  • Co-author, "SEC poised to prioritize ESG-related disclosures under Biden administration," Norton Rose Fulbright Legal Update, February 11, 2021
  • Co-author, "SEC adopts disclosure rules for resource extraction issuers," Norton Rose Fulbright Legal Update, January 13, 2021
  • Co-author, "New whistleblower provisions for reporting AML violations," Norton Rose Fulbright Legal Update, January 1, 2021
  • Co-author, "US DOJ breaks six-year hiatus with FCPA Advisory Opinion," Norton Rose Fulbright Legal Update, August 31, 2020
  • Co-author, "New US DOJ / SEC guidance on FCPA offers insight into regulators' expanded enforcement efforts," Norton Rose Fulbright Legal Update, June 9, 2020
  • Co-author, "New US DOJ guidance on corporate compliance programs emphasizes dynamic program design and implementation, Norton Rose Fulbright Legal Update, June 3, 2020
  • Co-author, "SOCIAL MEDIA | Regulation Tomorrow:  What is the STOCK Act?", Norton Rose Fulbright Blog, March 25, 2020
  • Co-author, "US Securities Law Liability for Securities Issuers Outside the U.S.", Harvard Law School Forum on Corporate Governance, March 6, 2020
  • Co-author, "US securities law liability for issuers outside of the United States in a post-Toshiba environment", Norton Rose Fulbright Legal Update, February 24, 2020
  • Co-author, "Airbus' sky-high settlement: Focus on global reach and collaboration in anti-corruption prosecutions", Norton Rose Fulbright Legal Update, February 14, 2020
  • Co-author, "Insider trading prosecutions may see an increase after Second Circuit decision lowered the barriers to convict", Norton Rose Fulbright Legal Update, January 28, 2020
  • Co-author, "Non-US citizen convicted of violating the Foreign Corrupt Practices Act despite no practical ties to US", Norton Rose Fulbright Legal Update, January 7, 2020
  • Co-author, "U.S. Supreme Court to decide whether SEC may obtain disgorgement of "ill-gotten gains", Financial Services Regulation Tomorrow, November 5, 2019
  • Co-author, "FCPA enforcers reach for the skies," Norton Rose Fulbright Legal Update, August 29, 2019
  • Co-author, "The Delaware Supreme Court clarifies the standards for director oversight liability under Caremark," Norton Rose Fulbright Legal Update, June 26, 2019
  • Co-author, "DOJ expands on its processes for evaluations of corporate compliance programs," Norton Rose Fulbright Legal Update, May 29, 2019
  • Co-author, "US Supreme Court expands potential liability for securities fraud," Norton Rose Fulbright Legal Update, April 3, 2019
  • Co-author, "DOJ declines prosecution under FCPA cooperation policy," Norton Rose Fulbright Legal Update, March 2019
  • Co-author, "New guidance on the selection of corporate monitors," Norton Rose Fulbright US LLP, November 12, 2018,
  • Co-author, "US v. Martoma round two:  Second Circuit's return to US v. Newman," Norton Rose Fulbright US LLP, July 3, 2018
  • Co-author, "Business not as usual:  US Supreme Court holds that administrative law judges must be appointed--threatening years of prior decisions," Norton Rose Fulbright US LLP, June 23, 2018
  • Co-author, "Supreme Court holds individuals must report to the SEC to qualify as whistleblowers under Dodd-Frank," Norton Rose Fulbright US LLP, February 23, 2018
  • Co-author, "New FCPA enforcement policy provides additional certainty, but risks remain," Norton Rose Fulbright US LLP, January 31, 2018
  • Co-author, "Ch. 26, "Insider Trading," The General Counsel's Guide to Government Investigations," 2017
  • Co-author, "SEC action against hedge fund raises difficult questions for investment advisers," Norton Rose Fulbright Legal Update, October 12, 2017
  • Co-author, "Second Circuit overturns precedent regarding scope of tipper/tippee insider trading liability," Norton Rose Fulbright US LLP Publications, September 1, 2017
  • Author, "Criminal Enforcement of the Securities Act of 1933," Matthew Bender, November 2017
  • Co-Author, "US, Canada issue major insider trading decisions," Norton Rose Fulbright Legal Update," December 2016
  • Co-author, "A Series Of Firsts In Muni Bond Enforcement Since 2010," Law360, November 17, 2016
  • Co-author, "SEC fines Nu Skin US$765,688 to settle FCPA charges," Norton Rose Fulbright Legal Update, September 28, 2016
  • Co-author, "Culture and compliance – new best friends?" Norton Rose Fulbright Legal Update, July 2016
  • Co-author, "DOJ launches pilot program for FCPA cases," Norton Rose Fulbright Legal Update, April 11, 2016
  • Post Chiasson/Newman – The Future of Insider Trading Laws, Regulations and Litigation, client memo, October 13, 2015
  • SEC Speaks 2015: Enforcement Trends and Priorities for the Year Ahead, March 5, 2015
  • Compliance Officers in the SEC's Crosshairs, Bloomberg BNA Securities Regulation & Law Report, December 8, 2014
  • "The sweeping impact of California's new ESG climate disclosure legislation," Speaker, Norton Rose Fulbright Webinar, January 18, 2024
  • "The Government's War on Insider Trading Plans: Ethics & Best Practices for Defending the Executive & the Company," Speaker, GICLI Annual Meeting, November 16, 2023
  • "Navigating the current ESG landscape: Key insights for in-house counsel," Speaker, Norton Rose Fulbright, November 8, 2023
  • "Battling short attacks," Speaker, Norton Rose Fulbright Global Webinar, May 10, 2023
  • "ESG in Europe, US and Brazil: challenges, opportunities and regulatory trends," Speaker, Norton Rose Fulbright and Mattos Filho, May 4, 2023
  • "US federal regulators regulatory enforcement activity against crypto exchanges," Co-host, FinTech Pulse Podcast, Global, April 4, 2023
  • "Cross-border enforcement and litigation challenges," Moderator, On-Demand Webinar, June 7, 2021
  • "Regulation Tomorrow podcast, Episode 6: Woolard review on BNPL; SEC actions on ESG; regulatory reform in Australia,  April 8, 2021
  • "Conducting internal investigations Cross-border Investigations team presents to Japan Institute for Overseas Investment," February 26, 2021
  • "Securities and derivatives - recent SEC and CFTC enforcement trends," Norton Rose Fulbright US LLP, November 2, 2017
  • "Liability of Compliance Officers at Financial Institutions," Thomson Reuters, May 3, 2017
  • "Navigating the new regulatory landscape, Key challenges and potential changes in SEC regulation and enforcement," Norton Rose Fulbright US LLP and FTI Consulting, March 23, 2017
  • "Managing a High-Profile Investigation," GICLI Second Annual Meeting, October 10, 2016
  • "Directors Roundtable, Key Issues Facing Boards of Directors, New SEC Enforcement Initiatives and Corporate Governance Issues," May 10 and 12, 2016
  • "Professional Certificate in Ethics and Anti-Corruption Compliance," Dubai, United Arab Emirates, February 17-18, 2016
  • "Assessing Risk in Global Energy Trading, Trends in Energy Litigation," Norton Rose Fulbright US LLP and KPMG, February 11, 2016
  • "A Recap on the Government's Focus on Insider Trading After Newman," Government Investigations & Civil Litigation Institute, October 14, 2015
  • "For Financial Institutions: Securities Enforcement 2014," American Law Institute, June 19, 2014
  • "Government Investigations Part I: Investigative Triggers," The University of Texas School of Law's Government Enforcement Institute, May 21, 2014
  • "Using Data Analytics and Information Technology to Build and Manage an Effective Anti-Corruption Program," NYC Bar Recent Trends in FCPA Investigations, Enforcement, Litigation & Compliance, April 2, 2014