Ross A. Albert

• Insider Trading
• Securities Fraud
• Investment Fraud
• Special Investigations
• Corporate Governance
• Securities
• Appellate Practice

• Lead counsel in a high-profile SEC insider trading case, covered by national media including The Wall St. Journal, The New York Times and Law360, which listed it as one of the “Securities Cases To Watch In 2016.” After a four-day trial and extensive post-trial briefing, the administrative law judge found for the client on all claims, In re Charles L. Hill, Jr., Admin. File No. 3- 16383, (Initial decision April 18, 2017.)

• Lead counsel in bench trial of a nationally reported SEC insider trading case. The judge found for the client on all claims, SEC v. Schvacho, 991 F. Supp. 2d 1284 (N.D. Ga. 2014). 
• Lead counsel representing a prominent real estate developer charged with securities fraud in the SEC investigation and the federal court enforcement action. The case settled without any payment.
• Lead counsel representing an oil and natural gas company, its officers and directors and affiliated entities in federal court cases in Georgia and Nebraska alleging claims for securities fraud and breach of fiduciary duty. The cases settled.

• Lead counsel representing technology company defending claims asserted by founder and former chief executive officer who sought to hold up the sale of company. The case settled. 

• Represented a large public company and related entities awarded summary judgment based on the rule against perpetuities on all claims arising from an alleged breach of a right of first refusal to purchase real property. The decision was affirmed by the Georgia Court of Appeals and Georgia Supreme Court.

• Presented argument to the Georgia Supreme Court. CS-Lakeview at Gwinnett, Inc. v. Simon Property Group, Inc., 283 Ga. 426, 659 S.E.2d 359 (2008), affirming 283 Ga. App. 686, 642 S.E.2d 393 (2007). 

• Represented a large public company that was awarded summary judgment in the Delaware Court of Chancery on a claim brought by the company’s former Chief Financial Officer who alleged that the company had wrongfully refused to permit exercise of stock options then worth almost $35 million. Knight v. Caremark RX, Inc., 2007 WL 143099 (Del. Ch. Jan. 12, 2007).

• Drafted briefs for an appeal involving issue of whether novel financial instruments (fractional interests in viatical settlements) were “securities” or “investment contracts” for the purposes of federal securities law. SEC v. Life Partners, Inc., 87 F.3d 536 (D.C. Cir.), statement on denial of rehearing, 102 F.3d 587 (D.C. Cir. 1996). 

• As a Special Assistant U.S. Attorney (AUSA), assisted with complex telemarketing/penny stock fraud prosecutions involving 12 defendants, including four-week and six-day jury trials; served as lead appellate counsel, including oral argument. United States v. Lincoln, 163 F.3d 1358 (11th Cir. 1998) (Table), cert. denied, 526 U.S. 1058 (1999); United States v. Word, 129 F.3d 1209 (11th Cir. 1997); see also United States v. Strevel, 85 F.3d 501 (11th Cir. 1996) (appeal in related case).
  
• As Special Assistant U.S. Attorney (AUSA), drafted a successful appellate brief involving issue of whether interests in complex gold-mining investment program were “securities” or “investment contracts” for the purposes of federal securities law. United States v. Brooks, 62 F.3d 1425, 1995 WL 451090 (9th Cir. 1995) (Table, Text in WESTLAW).
• Drafted a brief and successfully argued an appeal involving challenge to the misappropriation theory of insider trading. SEC v. Estate of Hirshberg, 101 F.3d 109, 1996 WL 137630 (2d Cir. 1996) (Table, Text in WESTLAW).
• Drafted a brief and successfully argued the case of first impression, a jurisdictional challenge to the SEC’s ability to regulate intrastate securities fraud. SEC v. Midwest Investments, Inc., 85 F.3d 630, 1996 WL 229783 (6th Cir.), cert. denied, 520 U.S. 1165 (1997).
• Lead counsel in pro bono case presenting issue of first impression on whether Maryland law granted an adulterous lover standing to bring an action to determine the paternity of a child born to a married couple. Argued the case to the highest state court in Maryland, also represented the couple in visitation and custody proceedings before trial court; declined the invitation to appear on “The Jerry Springer Show.” Mattingly v. Shifflett, 609 A.2d 329 (Md. 1992).

“Practical Considerations for Representing Directors and Officers in Securities
Litigation,” Chapter 3 in Representing Officers and Directors Charged with
Corporate Malfeasance: Leading Lawyers on Analyzing Compliance Programs,
Evaluating Risk and Working Through Corporate Governance Issues (Thompson
Reuters/Aspatore Books 2015).

“Defending SEC Investigations and Enforcement Actions,” Chapter 1 in The
Practice of Corporate Law: Leading Lawyers on Best Practices for Representing
Public and Private Companies (Aspatore Books 2006).

“Déjà Vu All Over Again”: The Securities and Exchange Commission Once More
Attempts to Regulate the Accounting Profession Through Rule 102(e) of Its
Rules of Practice, 1999 Utah L. Rev. 553 (with SEC Commissioner Norman S.
Johnson).

“Trouble for the Investor’s Lawsuit: How Endangered is It?” Business Law Today,
July/Aug. 1995, at 41 (with SEC Solicitor Paul Gonson).