Ross A. Albert is a Partner in the Corporate and Commercial Litigation Practice. Mr. Albert represents parties caught up in investigative and regulatory inquiries and enforcement actions brought 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. He also heads up internal investigations of alleged corporate and business misconduct. In addition, he has experience extending over several decades handling securities litigation, foreign corrupt practices matters (FCPA), commercial litigation, corporate litigation, insurance and reinsurance litigation, class actions and other complex cases before federal and state courts, administrative agencies and arbitration panels.
In November 2015, Mr. Albert and his MMM litigation colleagues were recognized by the Daily Report, the leading legal newspaper in Atlanta and the state of Georgia, as “Litigation Department of the Year” in the White Collar/Securities Defense category, one of only two firms named in that category. In a special section, the Daily Report profiled Mr. Albert, giving specific recognition to his achievements in representing clients before the SEC.
In November 2014, Mr. Albert was named an “MVP” attorney by Law360, a leading legal industry publication, which described him and the other honorees as “elite attorneys” with “success in high-stakes litigation and record-breaking deals.” Mr. Albert was one of only six attorneys honored nationwide in his practice area. Mr. Albert also served as lead counsel in attaining total victory at trial in a high-profile insider trading case that attracted international attention, SEC v. Schvacho, 991 F. Supp. 2d 1284 (N.D. Ga. 2014).
Before 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 where he assisted with trials and was lead appellate counsel for the largest securities fraud prosecution in the history of Georgia. 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.
Mr. Albert has authored chapters for several books dealing with current securities law topics, including: “Defending SEC Investigations and Enforcement Actions,” The Practice of Corporate Law: Leading Lawyers on Best Practices for Representing Public and Private Companies (Aspatore Books 2006); “Practical Considerations for Representing Directors and Officers in Securities Litigation,” 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); “The Securities and Exchange Commission’s Approach to Cross-Border Transactions” 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).
Mr. Albert 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, The National Law Journal, Canadian Press, CNN, CNNfn, CNBC, MSNBC, Law360, 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 Business News.