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Theodore J. Sawicki

Partner


Tod Sawicki is a partner in the Securities Litigation Group and is one of the group’s specialists in broker-dealer, investment advisory and hedge fund litigation, arbitration, regulatory counseling and representation.

Tod has substantial first-chair trial experience in civil and criminal actions, as well as FINRA, NASD and NYSE arbitrations and SEC and NASD regulatory proceedings. He has successfully represented a number of companies, financial services firms, investment managers, executives and professionals in a wide range of litigation matters arising out of securities offerings, securities transactions, and claims of executive and professional liability in class actions, derivative actions and individual actions.

In October 2005, Tod was elected to a three-year term on the National Society of Compliance Professionals, the leading national non-profit organization dedicated to serving and supporting compliance officials in the securities industry. He also regularly speaks and writes on the topics of SEC and NASD regulatory issues and trends, arbitration and litigation. He has been a featured speaker on supervisory liability, compliance issues and new regulatory developments at the National Society of Compliance Professionals national and regional meetings in 2003, 2004, 2005, 2006 and 2007. He is also a member of the Securities Industry and Financial Markets Association Legal and Compliance Division.

Representative Experience

  • Co-lead counsel for billion-dollar public company in injunction action against hostile tender offeror and separately filed litigation against purported shareholder class actions.
  • Lead counsel in obtaining acquittal for investment adviser charged with six felony counts of investment adviser fraud, false writings, and attempted theft by deception arising out of the operation of an investment program.
  • Lead counsel for variable annuity distributor in FINRA arbitration involving market timing.
  • Lead counsel representing variable annuity distributor in series of NASD arbitrations alleging fraudulent sales practices.
  • Lead counsel for directors of large privately held Florida corporation in defense of federal court shareholder derivative action alleging mismanagement and improper disregard of minority interests and seeking $63 million in damages. Obtained complete summary judgment on the eve of trial.
  • Lead counsel for the largest video poker operator in South Carolina in defense of federal RICO claims in two South Carolina federal court trials. Case settled on very favorable terms at end of the second trial.
  • Lead counsel in obtaining judgment as a matter of law for public company sued for fraud by rebuffed acquisition target.
  • As co-lead counsel, successfully defended publicly traded REIT in federal securities class action that settled very favorably on the day before trial due to dismissal of virtually all of plaintiff class claims and exclusion of plaintiff’s purported damages expert under Daubert.
  • Lead counsel defending international insurance brokerage against multimillion-dollar claim arising out of bonding for Venezuelan military contracts. Case settled on favorable terms after jury trial and reversal and remand after appeal.
  • Lead counsel for national broker-dealer/registered investment adviser in purported class action alleging wrongdoing in connection with asset allocation program. Defeated class certification and led the matter toward favorable settled resolution.
  • Lead counsel to regional broker-dealer in nationally followed SEC administrative proceeding alleging fraudulent markups in government agency zero coupon bond and municipal bond transactions.
  • Lead counsel to investment adviser in complex litigation involving a Dallas, Texas hedge fund arising out of alleged misrepresentations about the fund’s investment program, improper investments and misappropriation of fund assets.
  • Lead counsel for executive officers in several SEC investigations and enforcement actions involving insider trading, accounting restatements, and similar issues.
  • Lead counsel for national and regional broker-dealers in numerous NASD arbitrations seeking multimillion-dollar awards involving selling away, suitability, unauthorized trading, securities fraud and negligent supervision.


Theodore J. Sawicki

One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: 404-881-7639
Fax: 404-253-8278

Education

  • Emory University
    (J.D., 1985)
  • Duke University
    (B.A., 1982)

Admitted to Practice

  • Florida
  • Georgia

Languages

  • French