John Falvey, a partner in Goodwin Procter’s Litigation Group, specializes in white collar criminal defense, governmental and internal investigations, and complex civil litigation. Mr. Falvey’s practice includes representing boards of directors and their committees, companies, and individuals (directors, officers, and other employees) in connection with Securities and Exchange Commission, state and federal criminal, and other investigations. His civil practice includes securities shareholder derivative litigation and a variety of other complex business litigation matters.
WORK FOR CLIENTS
During the last two years, Mr. Falvey has represented:
- one of the country’s largest financial institutions in an investigation of misconduct arising from the deterioration of certain sub-prime assets.
- the special committee of the board of directors of a $1.5 billion-revenue company in a major investigation into alleged backdating of stock options.
- a worker’s compensation insurance carrier in a federal criminal investigation of allegations of improper government payments.
- the audit committee of the board of a publicly traded software company in conducting an internal investigation into alleged accounting errors.
- the Chief Financial Officers of two public companies in SEC investigations and private litigation arising from allegations of stock option backdating.
- the Chief Financial Officers of two publicly traded companies and General Counsel of a third public company in response to criminal and civil allegations of accounting irregularities.
- a major mutual fund firm in connection with allegations of conflicts of interest relating to its securities trading desk.
- the Chief Executive Officer and General Counsel of two major mutual fund firms in completing SEC investigations on favorable terms and defending against securities class action litigation arising from alleged market timing.
- the General Counsel of a publicly traded company in defending against breach of fiduciary duty claims in an adversary proceeding pending in federal Bankruptcy Court.
MEDIA
Mr. Falvey writes and speaks regularly on topics relating to the conduct of internal investigations, the defense of civil and criminal securities fraud claims and other white-collar criminal matters.
PROFESSIONAL EXPERIENCE
Prior to joining Goodwin Procter in 2005, Mr. Falvey was a partner in the Litigation Group at Testa, Hurwtitz & Thibeault in Boston. Before that, he was an Assistant United States Attorney for the District of Massachusetts from 1994 to 2000, where he concentrated on white-collar criminal prosecutions, especially on the prosecution of revenue recognition, insider trading and other securities fraud cases.
BAR AND COURT ADMISSIONS
Mr. Falvey is admitted to the bar in Massachusetts and New York, the U.S. District Courts for the Southern District of New York and District of Massachusetts, and the U.S. Court of Appeals for the First Circuit.
RECOGNITION
Mr. Falvey received a Director's Award in 2000 from the U.S. Department of Justice for superior performance as an Assistant United States Attorney for his work as lead prosecutor in the Centennial Technologies, Inc. securities fraud case.