Kenneth M. Katz is counsel in the firm’s New York office where he handles complex litigation and investigations with a focus on accounting and financial matters.
Ken has substantial experience representing accounting firms, financial institutions, and professionals. Ken has represented clients in regulatory investigations by the U.S. Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB), the U.S. Commodity Futures Trading Commission (CFTC), and the CME Group. Ken also assists clients in their internal investigations, including investigations of the clients’ compliance with SEC and CFTC regulations, anti-money laundering laws, and trading regulations.
Ken has been involved in high-profile and cross-border disputes. Ken represented the trustee in the liquidation of Lehman Brothers Inc., where he defended the trustee’s determination of the largest customer claim in SIPA’s history and assisted the trustee in curing the former broker-dealer’s failure to comply with customer protection rules. Ken also represented certain European entities of Nortel Networks in a trial conducted simultaneously in the U.S. and Canada to determine the allocation of billions of dollars of proceeds from the sale of the former enterprise’s assets.
Ken also represents clients in a broad range of civil matters including actions alleging violations of securities laws, fraud, malpractice, negligence, and breach-of-contract.
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States Court of Appeals for the Second Circuit
Representations of Big 4 accounting firms and individual auditors in SEC and PCAOB investigations and enforcement proceedings regarding the auditors’ compliance with generally accepted auditing standards (GAAS) and generally accepted accounting principles (GAAP).
Representation of bank in CFTC and CME Group investigations regarding compliance with trading rules.
Internal investigation of bank’s compliance with anti-money laundering rules.
Impax Laboratories, Inc. v. Turing Pharmaceuticals AG, 16 Civ. 3241 (S.D.N.Y. Sept. 28, 2017) (summary judgment on breach-of-contract claims).
Bain Capital Partners, LLC v. Ernst & Young Global Limited, No. 14-1765-BLS1 (Mass. Super. Ct.) (representation of Big 4 network coordinating entity in civil fraud action).
Certain Funds, Accounts And/Or Investment Vehicles v. KPMG, L.L.P., 798 F.3d 113 (2d Cir. 2015) (affirming dismissal of discovery petition in aid of foreign proceedings against Big 4 coordinating entity).
Longview Power, LLC v. First American Title Insurance Co., Adv. Proc. No. 14-50369 (Bankr. D. Del.) (representation of MUFG Union Bank, N.A., as collateral agent for lenders of Longview Power, in insurance coverage action).
In re Nortel Networks Inc., No. 09-10138 (Bankr. D. Del.) (representation of Joint Administrators of Nortel Networks U.K. Limited and certain of its affiliates in dispute over the allocation of more than $7 billion of sales proceeds among Nortel estates).
In re Lehman Brothers Inc., No. 08-01420 (Bankr. S.D.N.Y.) (representation of the trustee for the SIPA liquidation of an SEC-regulated broker-dealer).
Investigated broker-dealer’s compliance with SEC-administered customer protection rules and successfully moved to cure compliance failures.
Defended trustee’s determination of the largest customer claim in SIPA’s history.
Oaktree Capital Mgmt., L.P. v. KPMG, 2:12-CV-956 JCM (GWF), 2013 WL 4006437 (D. Nev. Aug. 5, 2013) (dismissing securities action brought by ShengdaTech noteholders against third party auditors and underwriter); ShengdaTech Liquidating Trust v. Hansen, Barnett & Maxwell, P.C., No. 3:13-cv-00563 (D. Nev.) (respondeat superior claim against international coordinating entity of network of professional firms).
Ross v. Lloyds Banking Grp., PLC, Nos. 12-4600-cv(L), 13-729-cv(Con), 2013 WL 5273067 (2d Cir. Sept. 19, 2013) (affirming dismissal of securities claim).
Tradex Global Master Fund Ltd. v. Blue Point Mgmt. LTD., No. 27-CV-18648 (Minn. Dist. Ct. Mar. 7, 2011) (dismissing class action claims against foreign audit firm under doctrine of forum non conveniens); In re Arrowhead Capital Mgmt. LLC Class Litig., 712 F. Supp. 2d 924 (D. Minn. 2010) (dismissing class action claims against foreign audit firm for lack of federal subject matter jurisdiction).
Kingsway Financial Services, Inc. v. PricewaterhouseCoopers LLP, No. 03 Civ. 5560 (S.D.N.Y.) (securities fraud claims concerning acquisition of a property and casualty insurer).
Weiss v. Twardy, No. 08-0035, 330 Fed. Appx. 230 (2d Cir. May 22, 2009) (affirming dismissal of securities action against Big 4 accounting firm), aff’g In re: Priceline.com, Inc. Sec. Litig., 342 F. Supp. 2d 33 (D. Conn. 2004).
Bullmore v. Ernst & Young Cayman Islands, No. 0104314/2005, 2006 WL 4682212 (N.Y. Sup. April 12, 2006) (dismissal of state law claims against the U.S. firm of the Ernst & Young network), aff’d, 45 A.D.3d 461 (1st Dep’t 2007).