Philip A. Fortino

Counsel

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New York

Tel: +1 212 909 7451

Overview

Philip A. Fortino is a litigation counsel based in the firm’s New York office and a member of the firm’s White Collar & Regulatory Defense ... Read Full Biography

Experience

- Robinhood Crypto in an SEC investigation into the potential sale of unregistered securities on its platform that resulted in the SEC closing its investigation.
- A broker-dealer in an NYAG investigation of order flow and execution issues.
- A transportation company in an SEC disclosure investigation that resulted in a declination from the government.
- A global financial services company in an SEC investigation into its investment adviser and broker-dealer sales practices that resulted in a declination by the government.
- OceanGate and its Board of Directors in investigations by federal authorities in multiple countries following a highly publicized operational failure resulting in fatalities.
- A broker-dealer in an SEC enforcement investigation regarding Reg. SHO issues.

Education

Columbia Law School, 2005, J.D.
Yale University, 2001, B.A.
Yale University, 2001, M.A.

Philip A. Fortino is a litigation counsel based in the firm’s New York office and a member of the firm’s White Collar & Regulatory Defense Group. His practice focuses on advising clients facing major investigations and enforcement actions by the U.S. Securities & Exchange Commission (SEC) and other federal regulators, as well as state attorneys general and securities regulators. Mr. Fortino served as an attorney in the SEC’s Division of Enforcement from 2015 through 2023, most recently as Senior Trial Counsel in the SEC’s New York Regional Office. At the SEC, he conducted investigations and litigated enforcement actions involving investment adviser fraud, market manipulation, mismarking, insider trading, and books-and-records violations. Mr. Fortino also served in the SEC’s Complex Financial Instruments Unit where he focused on enforcement matters involving novel hedge fund and proprietary trading strategies, as well as sophisticated investment products, including asset-backed securities and credit default swaps. His cases at the SEC included precedent-setting wins, including settlements with 15 depositary banks and broker-dealers in an industry-wide investigation relating to the handling of American depositary receipts (ADRs). His areas of expertise also include all aspects of civil litigation, including applications for emergency relief and jury trials; SEC disgorgement claims; and secondary liability in SEC enforcement matters. Prior to joining the SEC, Mr. Fortino was an associate and counsel at the firm where he represented leading banking and financial services firms in white collar, regulatory and consumer-facing matters. Mr. Fortino received his J.D. from Columbia Law School in 2005 and his dual M.A. and B.A. in political science from Yale University in 2001.