Michael R. MacPhail defends clients against federal and state government agencies during civil and criminal investigations and litigation, primarily involving the securities industry. He represents public companies, registered investment advisers and broker-dealers.
He represents clients in parallel criminal investigations by federal grand juries, U.S. Attorney’s Offices and the U.S. Department of Justice. Michael handles shareholder demands and represents companies in shareholder litigation, including class action and derivative lawsuits.
During these disputes, he deals with the Federal Trade Commission (FTC), the Commodity Futures Trading Commission (CFTC), the Colorado Department of Regulatory Agencies (DORA) and the Colorado Attorney General’s Office.
Michael has particular expertise in defending publicly held companies and their officers and directors, broker-dealers and investment advisers, and accounting firms and CPAs during government investigations. He responds to pre-litigation subpoenas, prepares clients for testimony and responds to “Wells notices” of intended charges.
After working for the U.S. Court of Appeals for the D.C. Circuit, where he advised panels of judges including current U.S. Supreme Court Justices Clarence Thomas and Ruth Bader Ginsburg, Michael became an enforcement attorney with the SEC.
Across 13 years, he investigated possible violations of federal securities laws and eventually becoming a deputy assistant director with supervisory authority over a group of accountants, attorneys and paralegals.
- University of California Hastings, College of the Law, J.D. (1988)
- Oberlin College, B.A. cum laude (1985)
Bar Admissions : Colorado
Court Admissions :
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Colorado
Professional Associations :
- Colorado State Bar Association — Securities Subsection (Co-chair, 2011)
- University of Denver Graduate Tax program, 2007 and 2008
- American Bar Association
- Securities Industry Association — Legal & Compliance Division
Rate : $$$