Biography
Dan represents companies and individuals in litigation matters as well as investigations involving the Securities and Exchange Commission and other financial regulators. He also counsels clients on compliance with the securities laws.
Dan has a deep understanding of the federal securities laws along with the SEC’s process for enforcing them, and regularly writes and speaks on securities law and related issues. Dan’s experience inside and outside of government includes SEC, Commodity Futures Trading Commission, and FINRA matters involving a wide range of issues, including allegations of regulatory violations by registered investment advisers and broker-dealers, “spoofing” and other forms of manipulative trading, violations of disclosure, reporting, and record-keeping requirements, and insider trading.
Dan also has broad-based experience with complex business litigation, having handled a wide range of cases for clients appearing as plaintiffs and defendants in federal and state courts at the trial and appellate level in a variety of industries, including insurance, finance, transportation, hospitality, and entertainment. Dan’s experience additionally includes counseling companies and individuals on employment matters.
From 2010 through 2014, Dan was with the Securities and Exchange Commission’s Enforcement Division in New York, where, as Senior Counsel, he litigated and investigated a number of notable cases. Dan was a recipient of the agency’s Ferdinand Pecora Award for exceptional contributions to the Enforcement Division.
From 2015 to 2018 Dan practiced with the global law firm Milbank LLP. Upon leaving Milbank, Dan co-founded, with Rachel Penski Fissell, a boutique litigation and regulatory practice, which they subsequently brought to Katsky Korins LLP.
Selected Publications and Speaking Engagements
The Supreme Court and Compliance
Panelist, New York City Bar Association Compliance Institute 2024, October 23, 2024
Remedies and Sanctions in SEC Enforcement Actions
Chapter co-authored by Daniel Walfish in Practising Law Institute’s SEC Compliance and Enforcement Answer Book (2023 edition), June 2023. Chapter excerpt here.
Government Agencies Face Diverse Fallout from 5th Cir. SEC Case
Law360, June 22, 2022
Pursuing Innovation in Administrative Enforcement
Panelist, 2021 ABA Administrative Law Conference, November 18, 2021
Disgorgement and Equitable Remedies at the SEC and FTC: Early 2021 Update
Practising Law Institute webcast, March 3, 2021
Exchange Act Amendments Would Bolster SEC Enforcement
Law360, December 21, 2020
Remedies and Sanctions in SEC Enforcement Actions
Chapter authored by Daniel Walfish in Practising Law Institute’s SEC Compliance and Enforcement Answer Book (2021 edition), December 2020
SEC May Lean on Civil Penalties Following Liu High Court Ruling
Bloomberg Law, June 26, 2020
The Supreme Court Takes on SEC Disgorgement
NYU Compliance and Enforcement Blog, February 22, 2020
Remedies and Sanctions in SEC Enforcement Actions
Chapter co-authored by Daniel Walfish in Practising Law Institute’s SEC Compliance and Enforcement Answer Book (2020 edition), August 23, 2019
The Post-Lucia Executive Order on ALJs
NYU Compliance and Enforcement Blog, July 18, 2018
SEC Administrative Proceedings After Lucia
Law360, June 27, 2018
High Court Rules Appointments Process for SEC Judges Violated Constitution
Quoted in Wall Street Journal, June 21, 2018
If Lucia Wins On SEC Judges, What Comes Next?
Law360, April 20, 2018
The Trump Administration’s Move Against SEC Judges
Law360, Dec. 11, 2017
Other People’s Money: SEC Disgorgement After ‘Kokesh’
New York Law Journal, Sept. 8, 2017
What is Spoofing?
Panelist, Futures Industry Association Legal & Compliance Conference, May 5, 2016
The Law Surrounding Spoofing in the Derivatives and Securities Markets
Co-authored publication of Milbank, Tweed, Hadley & McCloy 2015-2016