Ken Herzinger is a partner in the Investigations and White Collar Defense, Securities Litigation and Fintech & Payments practices of Paul Hastings and is based in the firm’s San Francisco office. His practice focuses on Securities and Exchange Commission (SEC) investigations and enforcement actions, internal investigations, and securities class actions.
Mr. Herzinger has more than 20 years of experience in private practice and has handled a wide range of cases and investigations, including in cybersecurity, blockchain, cryptocurrency, and SEC BSA/AML enforcement, as well as more traditional areas such as accounting and financial statement fraud, financial reporting and controls, the Foreign Corrupt Practices Act (FCPA), insider trading, and Dodd-Frank and SOX whistleblower retaliation claims. He served as an attorney in the SEC’s Enforcement Division prior to joining private practice.
- Benchmark Litigation Guide, Future Star (2023)
- Recommended by The Legal 500 United States for Securities: Shareholder Litigation, 2015
- Seton Hall University School of Law, J.D., 1998
- Clemson University, B.A., English, 1993
SEC and Regulatory: As a former SEC Enforcement attorney, Mr. Herzinger has successfully represented corporations, officers and directors, financial institutions, broker-dealers, auditors, and government municipalities in dozens of high-profile investigations and enforcement proceedings by the SEC, the U.S. Attorney's Office, the PCAOB, and self-regulatory organizations, such as FINRA.
Internal Investigations: Mr. Herzinger has conducted over 50 global and domestic internal investigations for public and private companies and audit committees regarding a myriad of issues, including accounting fraud, internal controls, disclosures, the FCPA, insider trading, and whistleblower retaliation claims. He has conducted investigations in Asia, Europe, Central America, and South America.
Securities Class Actions: Mr. Herzinger has also represented officers, directors, and public companies in many high-stakes securities class actions. He has tried cases in federal and state court and in arbitration proceedings, and was a member of the trial team that obtained a defense verdict in one of a small number of securities class action jury trials in the country to be tried to verdict.
Blockchain and Cryptocurrency: Hr. Herzinger has represented blockchain and cryptocurrency entities, founders, and employees in regulatory, litigation, and compliance matters, including SEC and other regulatory investigations, and securities class action litigation. He has developed a deep knowledge in this area and has been working on cryptocurrency matters since the SEC staked its claim as a cryptocurrency regulator in 2017.
Engagement & Publications
- "SEC suffers judicial setbacks for administrative hearings," Daily Journal (June 2022)
- Quoted in "Digital Assets: What to Do When the SEC Comes Calling," Crowdfund Insider (January 26, 2020)
- Co-author, "Challenging SEC Authority to Enforce the Bank Secrecy Act," Law360 (July 12, 2018)
- Co-author, "SEC's OCIE 2018 Areas of Focus," Harvard Law School Forum on Corporate Governance and Financial Regulation (March 6, 2018)
- Co-author, "SEC Cybersecurity Enforcement at Watershed Moment: How Companies Should Prepare," Bloomberg Big Law Business (March 6, 2018)
- Co-author, "Government Leaks Lead to Landmark Insider Trading Case," Harvard Law School Forum on Corporate Governance and Financial Regulation (June 14, 2017)
- Co-Author: "On Tap: The Government's Use of Wiretaps in Insider Trading Prosecutions Shows a Willingness to Use Nontraditional Methods of Investigation," Los Angeles Lawyer (April 2012)
- Presenter, "Bio-Rad: In-House Counsel - Trusted Adviser, Whistleblower or Both?", PLI Institute, On-Demand One-House Briefing, March 24, 2017
- A New Era of Federal Prosecutions: Challenges for Main Street and Wall Street, New York, February 2012
- AICPA Forensic Accounting Conference 2011, Insider Trading Investigations: Best Practices in Internal Investigations, Takeaways from the Rajaratnam Case, and the Government's New Insider Trading Initiatives, Chicago, September 2011
- AICPA Forensic Accounting Conference 2011, Navigational Skills for the Forensic Accountant, Chicago, September 2011