Howard R. Elisofon is a nationally renowned litigator with more than 35 years of experience in securities law and enforcement.
Howard began his career as trial counsel for the SEC’s Division of Enforcement. He subsequently worked in a variety of senior legal positions at Prudential Securities and First New York Securities, where he had his Series 7 and Series 24 licenses, and then in private practice at Greenberg Traurig, where he was a founding member of the firm’s New York office.
Howard co-chairs Herrick’s securities, futures and derivatives litigation group. He focuses his practice on securities and commodities litigation, arbitration, mediation and investigations for broker-dealers, brokerage firms, investment advisers, investment companies, VC firms and insurance companies, as well as securities traders and industry executives. He also represents clients in a wide variety of complex commercial litigation matters, as well as enforcement proceedings before the SEC, the Offices of the U.S. Attorney, the New York State Attorney General and District Attorneys, FINRA, various exchanges, and various state securities and insurance regulators.
A frequent speaker on securities and enforcement related topics, and a sought-after authority on broker-dealer issues, Howard’s commentary is often featured in major media outlets. High-Profile Government Investigations and Litigation
Howard has defended clients in numerous high-profile government investigations, including the Drexel Burnham – Ivan Boesky insider trading matter, the Prudential Securities limited partnership fraud scandal, the Prudential market timing investigation and the Stanford Ponzi scheme. He was also lead counsel in the historic Molchatsky v. U.S.
lawsuit, brought by Madoff investors against the U.S. and the SEC. Howard’s work on the case led to significant changes in SEC policies and practices regarding investigations, as well as changes in the tax law, which provide greater tax relief to Ponzi scheme victims.Compliance Counseling
Howard frequently counsels clients on sales and trading issues, and on the development of comprehensive compliance programs. He has advised clients on diverse issues including branch office supervisory concerns; clearing issues and practices; communications with the public; conflict of interest reviews; equities and options sales practices; firm supervisory procedures; gifts and gratuities compliance; FINRA and state licensing issues; margin rules; records retention; suitability and churning; trading practices rules; variable annuity suitability and compliance and private placements.
Employment Counseling and Litigation
Howard also represents employees and firms in the securities industry in a wide range of employment concerns, including compensation matters, employment and severance agreements, wrongful termination cases, form U-5 issues, recruitment disputes and discrimination cases.