Education and Honors

  • J.D. (cum laude), Benjamin N. Cardozo School of Law, 1979
  • B.A. (magna cum laude), Queens College, 1976
  • Listed in The Best Lawyers in America, 1995-2014

    Recognized as a New York Super Lawyer, 2006-2013

    Named ‘Client Service All-Star’ in BTI’s 2012 Client Service Survey

Admissions and Affiliations

New York State Bar

New Jersey State Bar

United States Courts of Appeals for the Second and Third Circuits

United States District Courts for the District of New Jersey and the Southern and Eastern Districts of New York

Financial Regulatory Authority and New York Stock Exchange Boards of Arbitration, former member

New Jersey Uniform Securities Laws Study Commission

Securities Industry and Financial Markets Association, Law and Compliance Division 

New Jersey State Bar, Securities Enforcement and Regulatory Committee, former Co-Chair

Seth T. Taube

Partner

30 Rockefeller Plaza New York, New York 10112-4498
United States
Phone:
+1.212.408.2655
Fax:
+1.212.259.2455

Concentration

Securities and commercial litigation, SEC defense, corporate governance and white collar criminal defense

Summary

Seth Taube is firmwide chair of the Securities and Shareholder Litigation Practice Group and head of the Trial Section in the New York office of Baker Botts.

Mr. Taube handles securities and commercial litigation, SEC and state attorney general defense, corporate governance and white collar criminal defense matters in federal and state courts. He has also handled bankruptcy litigation and energy disputes.

Mr. Taube has defended investment bankers and financial services institutions in SEC, DOJ and FINRA inquiries; acted as liquidator’s lead counsel for a significant hedge fund collapse; has defended senior management of a leading stock research company in SEC investigations; and has handled Auction Rate Securities proxy disputes, FCPA inquiries, option back dating investigations, mortgage backed securities matters and inquiries of major mutual funds and their senior executives by the SEC and state attorneys general. Mr. Taube has extensive experience in securities-related regulatory and internal investigations as well as securities and international arbitrations.

Mr. Taube served as Branch Chief of Enforcement at the New York Regional Office of the SEC. He was awarded the Manuel Cohen Distinguished Lawyer Award by the Commissioners in 1982 and served as a Special Assistant United States Attorney in the Securities Crime Unit of the United States Attorney’s Office for the Southern District of New York.

Mr. Taube has taught courses on mergers, acquisitions and corporate litigation as an adjunct professor of law at Seton Hall Law School. He was also general counsel of an investment bank and member of the New York Stock Exchange.

Representative Engagements

Commercial Litigation

  • Russian Real Estate Developer: representation in Southern District of New York civil forfeiture proceedings involving Russian, Moldovan, Cypriot, Swiss and U.S. issues; matter arising from the 2012 enactment of the Sergei Magnitsky Accountability Rule of Law Act
  • Larsen Oil & Gas-representation of international energy company in adversary proceedings in the U.S., Singapore, Norway and the UK
  • Aramark Corporation-representation of Fortune 100 food service and uniform provider in various contract disputes and other matters
  • Huawei Technologies Co., Ltd.-representation of largest Chinese telecommunications company in a significant international dispute
  • Assist Fortune 100 company in Venezuelan expropriation matter
  • Wells Fargo Bank-representation as lead counsel through trial and appeal in two $100 million litigations on behalf of bond indenture trustees
  • Echostar-representation of provider of foreign TV programming in contract disputes against satellite broadcaster

SEC Investigations and Litigation

  • FINRA -Represent the Financial Industry Regulatory Authority in matters involving jurisdictional and constitutional issues
  • Insider Trading -Defending investigations for trading on non-public information, including inquiry of political consultant and inquiry of Sao Paulo, Brazil based money manager
  • Financial Services - Represent investment banker in parallel SEC and DOJ investigations; represent broker-dealer in parallel SEC and FINRA matters
  • FCPA -Representing Audit Committee of Fortune 100 company in Mexican anti-corruption internal investigation; representation of several other Fortune 100 companies in FCPA matters
  • Gibbons v. Malone -Represent media investor John Malone in Section 16(b) litigation
  • Proxy Contest for large mutual fund regarding Auction Rate Securities
  • Value Line, Inc. -Representation of Board of Directors of securities research company in SEC inquiries and spin-off transaction
  • U.S. v. Saltsman -Representation of lead defendant in criminal and SEC litigation involving “PIPE” investment vehicles
  • SEC v. Negrin -Co-counsel in first ever credit default swap insider trading case
  • Representation of the audit committees of NYSE public companies in internal investigations involving financial restatement and export regulations
  • Representation of two corporations with publicly traded securities that significantly restated their financial statements; defense of related class actions
  • Representation of CFOs of public company in both SEC inquiry and class action litigation
  • Representation of stock analyst in NYSE enforcement matter
  • Representation of senior executives of two major mutual funds in SEC and attorney general inquiries
  • Representations of senior management of a public company involving SEC and criminal investigations and of a special committee of directors in internal and government investigations of option back dating

Class Actions and Shareholder Litigation

  • Acquisition Litigation-representation of buyers and sellers of corporations in several litigations arising from private equity transactions
  • Representation of Public Company in takeover litigation
  • Representation in a class action against a national insurance broker
  • Representation of CFO in a class action financial restatement case
  • Representation of a broker-dealer in a class action involving novel SLUSA issues
  • Representation of independent director in derivative action involving alleged nuclear regulatory violations

Publications, Speeches and Presentations

Representative Publications

  • “Regulatory Reporting Requirements,” PLI Broker-Dealer Regulation, amended and republished, Fall 2012
  • “Internal Investigation Case Studies, The Good, The Bad and The Ugly,” ABA Business Law Section, May 2011
  • “Clawback Compliance,” ABA Tax Section, May 2011
  • “Insider Trading,” PLI Broker-Dealer Regulation, (amended and republished), Spring 2010
  • “The Changing Art of Securities Law Counseling,” Aspatore Books, September 2008

Speeches and Presentations

  • Moderator: “Investor Protection under Dodd Frank,” NY County Lawyers Association, March 2014
  • Chair of Conference: “U.S. and Japanese White Collar Prosecutions,” October 2013
  • Panelist: “Chinese Capital and Globalization,” Western Returned Scholars Association, Columbia University, September 2013
  • Moderator: “Indictment of In-House Counsel, Lessons Learned for Hedge Fund Counsel,” June 2013
  • Co-Chair of Conference: “Lawyers and Accountants, an Interactive Dialogue;” Moderator, “Audit Committees and Corporate Governance.” NY County Lawyers Assoc., September 2012
  • Moderator, ABA Annual Conference on Internal Investigations, New York, May 2011
  • Panelist, ABA Annual Tax Section Meeting, “Dodd-Frank and Sarbanes Executive Clawbacks” May 2011
  • Panelist, ABA Annual Conference on Internal Corporate Investigations, Washington D.C., May 2010
  • Moderator, “Improving Corporate Boards,” Corporate Governance Forum, Rutgers Univ., New York, April 2007
  • Moderator, “How Boards of Directors Can Get Investigations Right,” Directors’ Roundtable, New York, March 2007
  • Panelist, “Special Considerations in Investigations of Foreign Subsidiaries,” National Forum on Fraud Risk, American Conference Institute, New York, March 2006