Howard R. Elisofon is a Partner in Herrick's Securities and Commodities Litigation and Regulatory Practice Group. Howard concentrates his practice in securities and commodities litigation, arbitration and mediation. Howard regularly defends individuals and companies in the financial sector including: broker-dealers, brokerage firms, investment advisers and investment companies, insurance companies, securities traders, securities professionals, in litigation, investigations and enforcement proceedings. He regularly represents clients before the SEC, Offices of the U.S. Attorney, State Attorneys General, District Attorneys, FINRA, various exchanges, and various state securities and insurance departments.
Howard is routinely called on by securities professionals and broker dealers to advise on the interpretation of and compliance with laws and the rules governing the sales and trades of securities. Howard also represents employees and firms in the securities industry in broker-dealer related issues and in employment matters, including employment, compensation and severance agreements, wrongful termination, Form U-5 issues and recruitment disputes.
Howard has been retained by senior executives in connection with numerous high profile government investigations including the Drexel Burnham - Ivan Boesky matter, the Prudential Securities Limited Partnership scandal, the Prudential market timing investigation and most recently the Stanford Ponzi scheme matter.
Howard counsels clients on sales and trading issues and assists them in planning comprehensive compliance programs including: branch office supervisory issues; clearing issues and practices; communications with the public; conflict of interest reviews; equities and options sales practices; firm supervisory procedures; gifts and gratuities compliance; margin rules; records retention; suitability and churning; trading practices rules; variable annuity suitability and compliance and private placements.
Howard has more than 35 years of securities law experience. He commenced his career as a trial counsel at the Securities and Exchange Commission, Division of Enforcement. He subsequently served in a variety of senior in-house positions, both as Senior Counsel at Prudential Securities and General Counsel of First New York Securities. Prior to joining Herrick, Howard was a senior shareholder at Greenberg Traurig. Howard is a frequent speaker on securities and enforcement related topics, and a sought-after authority on broker dealer issues. He has authored numerous publications, been interviewed and provided commentary in the financial press and television, on litigation and enforcement matters including Madoff and Ponzi schemes. Howard was named as a Best Lawyer in America in the litigation category in the 2013 US News - Best Lawyers Report.