Marc Berger > Latham & Watkins LLP > San Francisco, United States > Lawyer Profile

Marc Berger

+1.212.906.1263 [email protected] View profile

Position

Marc Berger, Global Co-Chair of the firm’s White Collar Defense & Investigations Practice, represents companies, boards, financial institutions, asset managers, and senior executives on the full spectrum of regulatory, enforcement, and litigation matters.

Marc draws on his extensive government experience with the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) to advise clients on government and internal investigations, enforcement matters, and high-profile disputes. He also represents clients in regulatory and compliance matters, including those involving cryptocurrency and other digital assets.

Marc brings a seasoned and insightful perspective to his clients, leveraging his years in the government to help clients navigate a dynamic regulatory environment. He has advised multinational companies and global financial institutions on a wide range of white collar and securities matters, including:

• • Issuer disclosures and accounting issues
  • Insider trading and other market manipulation
  • Investment advisory issues
  • Broker-dealer misconduct
  • Cybersecurity disclosures
  • Digital assets
  • Foreign bribery

Marc’s career includes notable leadership roles at the SEC and the DOJ, including Acting Director and Deputy Director of the SEC’s Division of Enforcement, Director of the SEC’s New York Regional Office (NYRO), and Chief of the Securities and Commodities Fraud Task Force in the US Attorney’s Office for the Southern District of New York.

As Acting Director and Deputy Director of Enforcement at the SEC, Marc oversaw thousands of investigations and hundreds of litigations addressing a broad range of securities matters. While serving as the Director of NYRO at the SEC, he supervised all of New York’s enforcement matters and oversaw all compliance examinations of investment banks, investment advisers, broker-dealers, mutual funds, and hedge funds. Throughout his tenure at the SEC, Marc worked in close partnership with domestic and international regulatory and enforcement agencies, including the DOJ, CFTC, FINRA, New York Attorney General’s Office, local district attorneys’ offices, and numerous foreign securities regulators worldwide.

As a federal prosecutor and Chief of the Securities and Commodities Fraud Task Force in the Southern District of New York, Marc tried over a dozen cases in district court and supervised some of the nation’s most significant financial and investment fraud matters, including those related to corporate and accounting fraud, insider trading, market manipulation, and violations of the Foreign Corrupt Practices Act.

Prior to joining Latham, Marc was a partner at a global law firm, where he led the government and internal investigations practice. Following law school, he served as a Law Clerk to the Hon. Richard M. Berman of the US District Court for the Southern District of New York.