Albert is a partner in the Corporate and Commercial Litigation Practice. Mr.
Albert represents parties caught up in investigative and regulatory inquiries
conducted by the U.S. Securities and Exchange Commission (SEC), the Financial
Industry Regulatory Authority (FINRA), the Georgia Securities Commissioner,
other federal and state law enforcement authorities and self-regulatory
organizations, as well as conducting internal investigations of alleged
corporate and business misconduct. He
also has experience extending over several decades handling securities
litigation, commercial litigation, corporate litigation, insurance and
reinsurance litigation, class actions and other complex cases before state and
federal courts, administrative agencies and arbitration panels.
coming to MMM in 2001, Mr. Albert served for eight years in various positions
with the SEC at its Washington, D.C. headquarters, including: Senior Special
Counsel, Division of Enforcement; Legal Counsel to Commissioner Norman S.
Johnson; and Special Counsel, Appellate Group, Office of the General Counsel.
From 1994 to 1999, he concurrently served as a Special Assistant U.S. Attorney
with the U.S. Attorney’s Office for the Northern District of Georgia. As a
Special Assistant U.S. Attorney in Atlanta, Mr. Albert assisted with trials and
was lead appellate counsel for what was reportedly the largest securities fraud
prosecution in the history of Georgia, one that resulted in the convictions of
12 defendants. Mr. Albert has argued before six U.S. Courts of Appeals
(including the Eleventh Circuit), the Supreme Court of Georgia, the Court of
Appeals of Georgia, the Virginia Supreme Court and the Maryland Court of
Appeals (the highest state court in Maryland). He has filed briefs in the U.S.
Supreme Court, nearly all federal appellate courts, many state appellate
courts, and numerous state and federal trial courts. From 1988 to 1993, Mr.
Albert was an associate in the Securities Litigation and Enforcement Group at
the law firm of Wilmer, Cutler & Pickering (now WilmerHale) in Washington, D.C.
From 1986 to 1988, Mr. Albert served as Law Clerk to the Honorable Alexander
Harvey, II, Chief Judge, U.S.
District Court for the District of Maryland.
has been asked to author chapters for books dealing with current securities law
topics: “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); and “The Securities and
Exchange Commission’s Approach to Cross-Border Transactions” Chapter 4 in Common
Issues in Securities Law: Leading Lawyers on Managing Client Expectations,
Evaluating Securities Investigations, and Identifying Key Issues in U.S.
Securities Law (Aspatore Books 2008) (co-authored with Heath D. Linsky, a
corporate partner at MMM).
frequently serves as a commentator concerning current SEC, securities,
corporate governance and business/financial crime issues for local, national
and international news organizations, including The Wall Street Journal, Associated Press, Reuters, United Press
International, Canadian Press, CNN, CNNfn, CNBC, MSNBC, CTV (Canada’s largest
private broadcast network), CBS MarketWatch, BBC News Radio, The Washington
Post, The Los Angeles Times, The Atlanta Journal-Constitution,
WSB-TV - Channel 2 (Atlanta), WAGA-TV - FOX 5 (Atlanta), Georgia Public
Television, International Herald Tribune, The Guardian (U.K.), The
Globe and Mail (Toronto), The Financial Express (India), Irish
Examiner, Business Times of Singapore, and RWE Australian
- Lead counsel in attaining total victory at
trial in high-profile SEC insider trading case that attracted national and
international attention; judge issued a comprehensive 44-page opinion finding
for MMM’s client on all contested issues and which, among other things, criticized
the SEC’s “overreaching, self-serving interpretation” of the evidence, SEC v. Schvacho, --- F.Supp.2d ----,
2014 WL 54801 (N.D. Ga. Jan. 7, 2014).
- Represented oil and natural gas company,
its officers and directors and affiliated entities in federal court cases
pending in Georgia and Nebraska alleging claims for securities fraud and breach
of fiduciary duty; cases resolved on terms satisfactory to clients.
- Represented technology company in
connection with claims asserted by founder and former Chief Executive Officer
seeking to hold up sale of company; case resolved on terms satisfactory to
- Represented major investment bank in
litigation brought by a bankruptcy trustee seeking over $30 million in damages
for the bank’s purported breaches of fiduciary duties and complicity with
former management in completing an acquisition that allegedly caused the debtor
to file for bankruptcy. All claims against bank thrown out on a motion to
dismiss without any discovery; case remains pending against other defendants.
- Represented public technology company and
its officers and directors in case alleging securities fraud arising from
purportedly backdated stock options. Summary judgment granted to all defendants
on all counts and affirmed on appeal, Rosenberg
v. Gould, Civil Action No. 1:06-CV-1894 (N.D. Ga. Mar. 31, 2008), aff’d,
554 F.3d 962 (11th Cir. 2009).
- Represented large public company and
related entities that was granted summary judgment on all claims arising from
an alleged breach of a right of first refusal to purchase land. Decision was
affirmed by Georgia Court of Appeals and 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 large public company that won
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 him to exercise stock options then worth
approximately $35 million. Knight v. Caremark RX, Inc., 2007 WL 143099 (Del. Ch.
Jan. 12, 2007).
- Drafted briefs for appeal involving
question of whether novel financial instruments (fractional interests in
viatical settlements) were “securities” or “investment contracts” within the
meaning of the federal securities laws. SEC v. Life Partners, Inc., 87
F.3d 536 (D.C. Cir.), statement on denial of reh’g, 102 F.3d 587 (D.C.
- Assisted with related complex
telemarketing/penny stock fraud prosecutions involving 12 defendants, including
four-week and six-day jury trials; lead counsel for appeals, 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).
- Drafted successful brief for appeals of
criminal convictions for securities fraud, wire fraud and conspiracy arising
from a gold mining scheme. United
States v. Brooks, 62 F.3d 1425,
1995 WL 451090 (9th Cir. 1995) (Table, Text in WESTLAW).
- Drafted brief and successfully argued
appeal involving challenge to the misappropriation theory of insider trading. SEC
v. Grossman, 101 F.3d 109, 1996 WL 137630 (2d Cir. 1996) (Table, Text in
- Drafted brief and successfully argued 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.) (Table, Text in WESTLAW), cert. denied,
- Over four-year period, assisted with
defense of corporation and its officers and directors in securities fraud class
action alleging damages exceeding $100 million. Cohen v. Apache Corp.,
1993 WL 126560 (S.D.N.Y. Apr. 21, 1993); Cohen v. Apache Corp., 1991 WL 1017
(S.D.N.Y. Jan. 2, 1991).
part of what was reportedly the largest civil case ever filed in North Carolina, assisted
with representation of defendants (officers and directors of an insurance
company) accused of securities fraud and RICO in connection with sale of $160
million of bonds. E.g., First Fin. Sav. Bank, Inc. v. Am. Bankers Ins. Co.
of Fla., Inc., 699 F.Supp. 1167 (E.D.N.C. 1988), aff’d sub nom., Am.
Bankers Ins. Co. of Fla., Inc. v. First Union Nat. Bank of NC, 900 F.2d 249
(4th Cir. 1990) (Table, Text in Westlaw).
Comment, Restitutionary Recovery for Rescuers of Human Life, 74 Cal.
L. Rev. 85 (1986), excerpted in Charles L. Knapp, Nathan M. Crystal & Harry
G. Prince, Problems in Contract Law 299 (6th ed. 2007)
“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 Norman S.
Trouble for the Investor’s Lawsuit: How Endangered is It?, Bus. L. Today, July/Aug. 1995, at 41
(with Paul Gonson)
Honors and Affiliations
Awarded an “AV” peer
review rating, Martindale-Hubbell’s highest rating for legal ability and
Association of SEC
Club of Georgia (President – 2008 & 2012; Vice President – 2007 & 2011,
2011; Board Member 2006 – present; Scholarship Committee)
Harvard Club of
Georgia (Schools and Scholarship Committee)
Atlanta Bar Association
“SEC Eyes the
Life Settlements Market,” September 22nd, 2009
Recognition Bulletin,” Vol. 1, No. 1
SEC Investigations and Enforcement Actions,” Chapter 1 in The Practice of Corporate Law: Leading
Lawyers on Best Practices for Representing Public and Private Companies,
and Exchange Commission’s Approach to Cross-Border Transactions,”
Chapter 4 in Common Issues in Securities
Law: Leading Lawyers on Managing Client Expectations, Evaluating Securities
Investigations, and Identifying Key Issues in U.S. Securities Law, Aspatore