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People: SEC Deputy Chief Litigation Counsel Leaving, and Other Stories

December 13, 2010
  1. SEC Deputy Chief Litigation Counsel Leaving.
  2. MSRB Board Member, Bear Stearns Veteran Dies.
  3. Carlyle CFO to Leave.
  4. Clifford Chance Hires Former Banker.
  5. Ex-RBS Chiefs Escape FSA Sanctions.

    1.  SEC Deputy Chief Litigation Counsel Leaving.   Mark Adler, Deputy Chief Litigation Counsel of the Division of Enforcement, will leave the SEC this month after 13 years of service, the last 6 years in the current position.  During the past year, he also served as Acting Chief Litigation Counsel.  He'll join the Public Company Accounting Oversight Board (PCAOB) as Deputy Chief Trial Counsel in the Division of Enforcement and Investigations.  As Deputy Chief, Mr. Adler established Division-wide pols and practices, advised trial attorneys and investigative staff nationwide on litigation matters, coordinated with other offices and divisions across the agency on litigation issues, and counseled and assisted enforcement staff on cases involving financial fraud, stock options backdating, the FCPA, insider trading, and emergency relief.  Before joining the SEC in 1997, Mr. Adler spent over 9 years at the Department of Justice, and handled civil litigation and other general commercial matters in private practice in New York City (1981-1987).   [SEC PR 10-235, 12/2]

    2.  MSRB Board Member, Bear Stearns Veteran Dies.   Robert Jackman, 65, who was currently serving as a public member on the MSRB Board of Directors and previously served as a securities dealer rep, succumbed to cancer after a 10 1/2 year battle.  Mr. Jackman was a muni bond professional for 38 years at Bear Stearns & Co.  He also was a veteran of the Vietnam War.  After leaving Bear Stearns in 2006, Mr. Jackman turned his energy toward the Brooke Jackman Foundation—which carries out literacy programs for at-risk children in the New York area - as founder and trustee.  MSRB Vice Chair John Young had worked with Mr. Jackman at Bear, and had this to say:  “Bob was a consummate professional, a warm and caring person, and enjoyed life and the people in the business.  He developed deep and strong relationships with everyone, from investors to issuers to traders to salesmen, and was universally admired."   [MSRB Release, 12/10]

    3.  Carlyle CFO to Leave.   Peter Nachtwey, who joined Carlyle in 2007 from Deloitte & Touche, will be replaced on an interim basis by Glenn Youngkin, head of the firm’s operating committee.  Just as his arrival 3 1/2 years ago prompted whispers about Carlyle’s IPO plans, his departure is likely to stir up speculation about the current state of the process.  As a CPA, Mr. Nachtwey audited the Blackstone Group before that rival buyout firm went public.  Carlyle has made no secret of its desire to join Blackstone and Kohlberg Kravis Roberts as publicly traded buyout firms, gaining a more permanent base of capital.   [NYT Dealbook, 12/13]

    4.  Clifford Chance Hires Former Banker.   Robert Masella, a former M&A banker at BofA-ML is joining the firm’s M.&A. practice as a partner.  Before his 5 years at BofA, Mr. Massella  spent nearly a decade at Cravath, Swaine & Moore.  While such a career move is rare, Mr. Masella is hardly the first lawyer to leave investment banking to return to the practice of law - e.g., in December 2008, James Sprayregen rejoined Kirkland & Ellis after only a couple of years as a Goldman Sachs restructuring banker;  in 2007, Harvey Miller left Greenhill & Company, where he had been vice chairman, to rejoin Weil, Gotshal & Manges, where he led that firm’s prominent bankruptcy practice.   [NYT Dealbook, 12/13]

    5.  Ex-RBS Chiefs Escape FSA Sanctions.   Sir Fred Goodwin and other former top directors of Royal Bank of Scotland escaped regulatory punishment for leading one of the UK’s biggest banks to the brink of collapse after the bank’s disastrous 2007 takeover of part of ABN Amro as well as its 2008 capital raisings.  U.K.'s Financial Services Authority said it was closing its 17 month probe of the events leading up to RBS’s government rescue;  the FSA and outside investigators from PwC concluded that, while bad decisions were made, there were no grounds to take regulatory action.    [FT.com, 12/2]