Whistleblower Update - The Impact on Corporations and SEC Enforcement

Nader Salehi is a partner in the Government, Regulatory and Internal Investigations Practice Group in the Washington, D.C., office of Kirkland & Ellis LLP. Nader represents clients in high-profile and complex internal and government investigations, and has regularly counseled investment banks, fund managers and public companies in matters of enterprise-wide significance. He has led numerous clients through their most significant matters involving the Securities and Exchange Commission (SEC), the Department of Justice (DOJ), the Financial Industry Regulatory Authority (FINRA), and other federal and state regulators.
His enforcement practice often involves the investigation and defense of complex financial and disclosure issues, particularly those involving allegations of insider trading, manipulation and financial misstatements. Nader also regularly advises financial institutions and public companies on the investigation and defense of actual or potential “whistleblower” claims. Nader is a frequent speaker at major industry events, including the SIFMA C&L Annual Conference and PLI’s Broker Dealer Regulation and Enforcement Conference.
Nader has been recognized regularly as a leading lawyer in the area of securities regulation and enforcement by Chambers USA, where he is described by clients as “a phenomenal lawyer,” a “go-to for sensitive internal investigations,” and “an insightful counsel in difficult situations.” He also has been recognized consistently as one the Best Lawyers in America for Securities and Capital Markets matters. Nader began his career in the SEC’s Division of Enforcement in Washington, D.C.

Nicole Creola Kelly is Chief of the SEC’s Office of the Whistleblower.
Ms. Kelly previously served as Senior Special Counsel in the Office of the General Counsel and has more than 20 years of experience with the SEC. Among her other roles were Counsel to former SEC Chair Mary Jo White, Counsel to former SEC Commissioner Kara M. Stein, and stints in the Enforcement Division’s Complex Financial Instruments Unit as well as the Whistleblower Office.
Ms. Kelly has a B.A. from Amherst College and a J.D. from Tulane Law School.

ohn Carney serves as BakerHostetler’s White Collar, Investigations and Securities Enforcement and Litigation team co-leader. He is a former Securities Fraud chief, assistant United States attorney, U.S. Securities and Exchange Commission (SEC) senior counsel and certified public accountant at a "Big Four" accounting firm. He is a seasoned advocate who represents public and private corporations and financial institutions in complex civil, regulatory and criminal law enforcement investigations and litigation, and advises and defends corporations and senior officers on FCPA compliance, investigation and defense. His experience conducting investigations of possible FCPA violations and other potentially improper foreign country-based financial transactions has included working on major matters in the BRIC countries – Brazil, Russia, India and China. Having litigated for, and against, the U.S. government, he strongly encourages clients to take preemptive governance and remediation measures to mitigate legal and reputational risk in today's increasingly aggressive law enforcement environment.

David Peavler has deep experience in U.S. Securities and Exchange Commission (SEC) investigations and prosecutions, having served as Regional Director and Associate Director for Enforcement. He also provides unique insights on financial services industry regulation, public reporting, and corporate governance, having served as general counsel for a registered broker-dealer and investment adviser and as in-house counsel for a major energy company.
During his 19 years with the SEC, David led hundreds of investigations and enforcement actions covering every facet of the SEC's jurisdiction, ranging from corporate accounting and disclosures, auditor failures, and Foreign Corrupt Practices Act (FCPA) violations to cryptocurrency schemes, insider trading, and broker-dealer and investment adviser wrongdoing. David has broad experience with SEC issues impacting the energy industry, having led the SEC regional office covering Texas and Oklahoma and brought many of the agency's most significant energy industry reporting and disclosure cases.
Before joining the SEC, David was a partner in the trial section of another law firm, primarily representing major accounting firms in SEC investigations, auditing malpractice litigation, and securities class actions.

Richard W. Grime is a litigation partner in Gibson, Dunn & Crutcher’s Washington, D.C. office and a member of the White Collar Defense and Investigations Practice Group. He is also co-chair of the Securities Enforcement Practice Group.
Mr. Grime’s practice focuses on representing companies and individuals in a full range of corruption, accounting fraud, and securities enforcement matters before the Securities and Exchange Commission and the Department of Justice. Mr. Grime also conducts internal investigations and counsels clients on compliance and corporate governance matters.
Mr. Grime is ranked nationally by Chambers USA as a leading attorney in FCPA and Securities Regulation: Enforcement. He is described as “top notch – smart, practical and a very good lawyer” with “great insight into regulators’ views.” He is also ranked by Chambers Global as a leading attorney in FCPA and was recently selected by his peers for inclusion in The Best Lawyers in America? 2016 – 2024 in the field of Criminal Defense: White Collar, and Securities Regulation. Mr. Grime is recognized in Who’s Who Legal’s inaugural 2023 Thought Leaders: USA guide in the area of Investigations, and Business Crime Defence – Corporates. The publication also recognized him in its Thought Leaders-Global Investigations, Business Crime Defence Global, and Investigations guides for 2022. Mr. Grime was recognized as one of the 3000 “Leading Lawyers in America” in Lawdragon Magazine 2011. He is also a longstanding and frequent speaker to legal and industry practitioners particularly on anti-corruption and securities enforcement topics.
Prior to joining Gibson Dunn, Mr. Grime spent over nine years in the Division of Enforcement at the Securities and Exchange Commission in Washington, DC. In his last four years at the Commission he was an Assistant Director. While at the SEC, Mr. Grime supervised the filing of over 70 enforcement actions covering a wide range of the Commission’s activities. These included a series of FCPA cases, numerous accounting fraud cases involving retail, technology and financial services companies, regulated entity cases involving broker-dealers, transfer agents and investment advisers, along with multiple insider trading and Ponzi-scheme enforcement actions.
Mr. Grime received his law degree with First Class Honors from Oxford University in 1986 and qualified as a solicitor in London. After practicing in London, and before joining the SEC, Mr. Grime was a litigator for 10 years in Los Angeles and Washington DC.