Michael J. Diver is the head of Katten’s Chicago Securities and Enforcement Litigation practice. He represents public companies, financial services firms and other regulated entities, as well as their individual officers and directors, in matters before the US Securities and Exchange Commission (SEC), the US Commodity Futures Trading Commission (CFTC), the US Department of Justice (DOJ), Financial Industry Regulatory Authority, Inc. (FINRA) and various other regulatory agencies. Michael has successfully represented clients in a number of high-profile cases involving the financial services, banking, consulting, telecommunications, information technology and educational services industries. His case experience covers virtually all areas of recent SEC enforcement focus, including matters related to the credit crisis, subprime lending, municipal securities offerings, securitization and other structured products transactions, hedge fund activities, insider trading, broker-dealer suitability and underwriting practices, and disclosure and financial fraud. He has brought a multitude of investigations to closure with no action taken against his clients, even after their receipt of Wells notices. He also has advised audit committees and boards of directors in connection with corporate governance matters, internal investigations, financial restatements, special accounting reviews, and FINRA and stock exchange inquiries.
Prior to joining the firm, Michael served as a branch chief in the Division of Enforcement of the SEC’s Chicago Regional Office. In this role, he was responsible for managing a team of enforcement attorneys in investigating and prosecuting violations of the federal securities laws, including cases involving complex financial fraud, market manipulation, insider trading and violations of investment adviser and investment company regulations. He prevailed in a number of litigated enforcement proceedings, including a high-profile case involving market manipulation by a registered investment adviser.
Michael writes and lectures regularly on various topics relating to regulatory enforcement, including current enforcement trends and priorities, corporate and individual cooperation criteria, whistleblower complaints, insider trading and best practices in defending against regulatory inquiries.