Michael R. MacPhail

Backed by more than three decades of experience in securities regulation and enforcement, including 13 years of experience as a U.S. Securities and Exchange Commission (SEC) enforcement attorney, Mike frequently pursues securities litigation before the SEC, Financial Industry Regulatory Authority (FINRA), Public Company Accounting Oversight Board (PCAOB), Colorado Division of Securities, Colorado Board of Accountancy, and other state securities regulators throughout the Western U.S. He investigated possible violations of federal securities laws in his former SEC enforcement role and eventually served as a branch chief, then as deputy assistant director with supervisory authority over a team of accountants, attorneys, and paralegals.

Within his current shareholder and cryptocurrency dispute practice, Mike defends corporations, officers, and directors against claims by shareholders, including claims brought as putative class actions or as derivative claims, including those brought under Section 10(b) of the Securities Exchange Act of 1934 and state “blue sky” laws. He has particular experience in prosecuting or defending statutory or common law claims involving alleged fraud, fraudulent concealment, and breach of fiduciary duty and has represented several cryptocurrency companies in private disputes involving, among other things, short-selling and disclosure issues.

Mike also represents clients in disputes concerning advertising, consumer lending, mortgage foreclosures, debt collection and management, and franchisee issues. During these disputes, he deals directly with the Federal Trade Commission (FTC), the Commodity Futures Trading Commission (CFTC), the Colorado Department of Regulatory Agencies (DORA), and the Colorado Attorney General’s Office.

Additionally, Mike has specialized experience defending publicly held companies and their officers and directors, broker-dealers and investment advisers, and accounting firms and CPAs during government investigations. He responds to pre-litigation subpoenas, prepares clients for testimony, and Wells Notices of intended charges.

Early in his career, Mike worked as a staff attorney for the U.S. Court of Appeals for the D.C. Circuit, where he advised panels of judges including current U.S. Supreme Court Justice Clarence Thomas and the late Justice Ruth Bader Ginsburg.