Overview
John Nowak is a partner in the Investigations and White Collar Defense practice at Paul Hastings and is based in the firm’s New York office. Mr. Nowak represents corporate entities and their executives and boards in internal investigations and government inquiries involving allegations of fraud, accounting disclosures, sales practice abuse, securities violations, conflicts of interest, related party transactions and violations of the Foreign Corrupt Practices Act and False Claims Act. A significant portion of his practice has been devoted to representing financial services institutions and investment advisers, as well as their senior principals and traders, before the SEC, DOJ, CFTC, FINRA, and the Federal Reserve. Mr. Nowak regularly counsels public and private companies on compliance procedures, enforcement response initiatives and proactive strategies designed to mitigate legal, regulatory and reputational risks.
Prior to joining Paul Hastings, Mr. Nowak was the Deputy Chief of the Business and Securities Fraud Section of the United States Attorney’s Office, EDNY. He managed large-scale investigations of white-collar and securities crimes, in multiple domestic and foreign jurisdictions. Mr. Nowak supervised fifteen senior prosecutors pursuing cases in insider trading, fraud, extortion, FCPA violations, computer hacking, money laundering and market manipulation. He also gained significant jury trial experience and argued more than a dozen cases before the Court of Appeals for the Second Circuit, and routinely communicated with senior officials at the DOJ, the SEC and other regulatory agencies about policy matters.
He was previously Branch Chief, Enforcement Division at the SEC where he supervised a team of eight attorneys pursuing a variety of securities law matters, including insider trading, best execution and short sale violations, PIPE financings, breaches of fiduciary duties, adviser conflicts of interest, soft dollar arrangements, beneficial ownership disclosures and broker-dealer regulations.
Recognitions
- Chambers USA, Litigation: White-Collar Crime & Government Investigations (2022)
- The Legal 500, Dispute Resolution - Financial Services Litigation (2021)
- The Legal 500, Capital Markets: High-Yield Debt Offerings: Advice to Issuers (2021)
Education
- University of Richmond School of Law, J.D. (cum laude), 2000
- College of the Holy Cross, B.A. in Mathematics, 1993
Representations
- Representing a public company in SEC inquiry relating to revenue recognition and accounting disclosure
- Representing hedge funds, hybrid funds and PE funds in investigations and examinations by the SEC Municipal Securities and Public Pensions Unit, the SEC Asset Management Unit, the SEC Market Abuse Unit, and the SEC’s Office of Compliance Inspections and Examinations (OCIE)
- Representing a CEO of a leading media company in an SEC investigation
- Representing a public company and executives in SEC and DOJ investigations relating to the securitization and servicing of mortgage-backed assets
- Representing a global financial services company in an SEC "dark pool" investigation
- Representing an international financial services firm in SEC investigation relating to disclosure of fees and conflicts
- Representing a public company in connection with a related party and disclosure investigation by the SEC
- Representing the head of a global division within an international financial services company in a DOJ investigation of FX-linked products
- Representing a former CFO of a public company in connection with DOJ and SEC prosecution relating to accounting disclosures, pending in the District of Delaware
- Representing a former trader in a LIBOR prosecution by the DOJ, pending in the Southern District of New York
- Representing a trader in a CFTC investigation relating to market trading practices
- Represented a former CFO of automotive company in an SEC investigation relating to disclosures made during a capital raise
- Represented a foreign corporation in connection with an internal accounting disclosures inquiry and related SEC investigation
- Represented a global head of private equity of a major financial institution in connection with an SEC investigation
- Represented an executive of a financial services company in SEC investigation relating to accounting disclosures
- Represented a foreign public company in an SEC investigation relating to accounting and related party disclosures
- Represented a hedge fund in SEC investigation relating to conflicts of interest and related party transactions
- Represented a foreign public issuer in an internal investigation relating to whistleblower complaints
- Represented a hedge fund in insider trading investigations by the SEC
- Represented a managing director of an international investment bank in an SEC investigation of secondary offering of securities by a China-based public company
- Represented a trader in connection with Litvak-style SEC and U.S. Attorney’s Office investigation
- Represented the head of a trading desk in connection with global government FOREX investigation
- Represented a trader in connection with Federal Reserve investigation
- Represented a swaps trader in connection with a DOJ Antitrust investigation
news
- Paul Hastings Wins Dismissal of Securities Class Action Suit Against Eastman Kodak CEO and Chairman - September 29th, 2022
- Paul Hastings Named ‘White Collar Group of the Year’ by Law360 - January 27th, 2022
- Paul Hastings Celebrated as Most Impressive Investigations Practice at Global Investigations Review’s Annual Awards - November 10th, 2021
- Paul Hastings Secures Appellate Victory in Issue of First Impression - January 12th, 2021
- Paul Hastings Named to World’s Top 10 Best Investigations Practices by Global Investigations Review - October 23rd, 2020
- Paul Hastings Investigations and White Collar Defense Practice Named Most Impressive Investigations Practice by Leading Industry Publication Global Investigations Review - October 31st, 2017
- Seasoned Government Lawyer Joins Paul Hastings in New York as Firm Continues Growth of Investigations and White Collar Defense Practice - May 19th, 2014
Recognitions
- Paul Hastings Investigations and White Collar Defense Practice Recognized by Chambers USA 2022 - June 1st, 2022
- Paul Hastings Named 'White Collar Group of the Year' by Law360 - January 27th, 2022
- Paul Hastings Championed as Most Impressive Investigations Practice by Global Investigations Review - November 10th, 2021
- Recognized in the Global Investigations Review’s GIR 100 for 2018 - November 2nd, 2018
- Recognized in the Global Investigations Review’s GIR 100 for 2017 - October 27th, 2017
- Recognized in the Global Investigations Review’s GIR 100 for 2016 - September 29th, 2016
- Recognized in the Global Investigations Review’s GIR 100 for 2015 - September 18th, 2015
insights
- SEC Issues Updated FAQ on Marketing Rule - January 13th, 2023
- SEC Issues Updated FAQ on Marketing Rule - January 13th, 2023
- SEC Proposes Broad Regulations Governing All Private Fund Advisers - March 26th, 2022
- Rapid Rulemaking: A Look at the Securities and Exchange Commission’s Recent Proposed Rules - March 25th, 2022
- SEC Proposes Broad Regulations Governing All Private Fund Advisers - March 3rd, 2022
- The SEC’S New Insider Trading Theory: Implications for Public Companies and Investment Firms - February 9th, 2022
- SEC Charges Adviser with Section 204A Violation for Failing to Maintain MNPI Procedures - December 2nd, 2021
- SEC Charges SPAC, Sponsor, Merger Target, and CEOs—Claims SPAC Failed to Conduct Sufficient Due Diligence and Obtains Forfeiture of Founder’s Shares - July 19th, 2021
- First of Its Kind – SEC Settles Charges Against Public Company for Misleading COVID-19 Related Disclosures - December 15th, 2020
- New York Appellate Division Wades into Cyan’s Waters with Two New Decisions - December 15th, 2020
- One Step Forward, Two Steps Back? Decision on SEC Disgorgement Raises More Questions than It Answers - June 23rd, 2020
- COVID-19 Alert — Good Faith and the Corporate Disclosure: An SEC Enforcement and Litigation Perspective - April 10th, 2020
- These Are Volatile Times: What Asset Managers Need to Know—and Do—When SEC Comes Calling - March 18th, 2020
- Navigating Share Repurchases in Volatile Markets - March 17th, 2020
- The SEC Clears the Path for Investors as Potential Whistleblowers: Greater Scrutiny May Be on the Horizon During Regulatory Examinations - November 21st, 2019
- SEC Charges Bevy of Foreign Traders in Alleged Spoofing Ring - October 24th, 2019
- New York Legislature Sets Statute of Limitations for Martin Act Claims to Six Years - July 3rd, 2019
- Ruling may encourage SEC to pursue broader theories - May 16th, 2019
- A Failure to Supervise: The SEC Casts a Shadow Over Internal Investigations - April 2nd, 2019
- In Rare Move, the SEC Assesses No Penalty for Significant Corporate Accounting Control Failures - December 21st, 2018
Engagement & Publications
- Mr. Nowak is a frequent lecturer and author on white collar crime and securities law topics. He also routinely provides training and CLE presentations to clients on matters relating to regulatory enforcement, anticorruption, DOJ enforcement and compliance issues. Mr. Nowak has been quoted in major media outlets on matters affecting his practice and the financial services community.