Amy J. Greer
Amy serves as the Co-chair of Baker McKenzie's North American Financial Regulation and Enforcement Practice, which provides our clients with a full range of regulatory advice and enforcement counseling. Amy also serves on the steering committees of the Firm's Global Financial Services Regulatory and Global Financial Institutions Groups.
Previously, Amy has served as chief litigation counsel at the US Securities and Exchange Commission's (SEC) Philadelphia regional office and managed a team of lawyers overseeing a wide variety of enforcement matters.
Amy advises all manner of financial industry clients and SEC reporting companies, in connection with regulatory enforcement investigations and examinations, as well as internal investigations. Her clients include broker-dealers, investment advisers, hedge funds, mutual funds, securities issuers and reporting companies, commodities traders, and those providing services to those businesses.
Drawing on her experience leading and SEC regional office trial program, Amy provides practical and forward-looking guidance to clients, who seek her advice on matters as diverse as conflict of interest disclosures, sales practices concerns, insider trading/market abuse, financial and accounting issues, securities offerings, investigations into complex products and trading, and whistleblower concerns.
Amy is known for her ability to narrow the focus of an inquiry, get to the heart of an issue with precision, and efficiently manage complex matters. She often coordinates her efforts on behalf of our clients with ongoing criminal investigations, among multiple enforcement/regulatory activities, and with civil litigation, or with such potential proceedings in mind.
Representative Legal Matters
- Represented a registered investment adviser in connection with an SEC Enforcement investigation, which arose following a periodic examination and was related to issues concerning implementation of the adviser's proxy voting policies and procedures. We were able to narrow the SEC's Staff's focus through the course of the investigation and successfully conclude the matter.
- Represented a formerly publicly traded technology company that provided a platform for the purchase of insurance products, charged with making false and misleading statements to investors related to customer complaints, steering the matter to a successful resolution with the SEC.
- Successfully represented a publicly traded regional bank in connection with an SEC investigation into its financial reporting, which was part of the Enforcement Division's Earnings Per Share initiative. We were able to convince the SEC Staff to close the matter without further action.
- Represented the co-founder and former CEO of a privately held San Francisco area data analytics company in a cutting-edge SEC investigation regarding alleged dissemination by the company of confidential information of public technology companies to its third party customers. The private company's disruptive business model allegedly involved incorporating confidential company data of its customers into its data analytics products sold to financial industry customers seeking "alternative data." In turn, these financial industry customers purportedly relied on this information when making trading decisions. In this matter of first impression, the SEC applied a traditional securities law regime, charging the company and our client with violations of Section 10(b) of the Exchange Act and Rule 10b-5, even though neither settling party either offered, sold or purchased any securities.
- Successfully represented a non-US member firm of one of the Big Four accounting groups in connection with a Public Company Accounting Oversight Board (PCAOB) Enforcement investigation related to an issue with the firm's e-learning training platform. The PCAOB staff closed the matter without action.
- Represented multiple investment advisers and dually registered investment adviser-broker dealer firms in connection with the SEC's share class selection disclosure (SCSD) self-reporting initiative. The SCSD initiative targeted the adequacy of disclosures by financial services firms of conflicts of interest when recommending mutual fund share classes that pay distribution fees (12b-1 fees) to the firms or their affiliates, when lower cost share classes are available.
- Represented a multinational brokerage and financial services company in connection with an industry-wide SEC investigation into "pre-released" American Depository Receipts (ADRs) and successfully negotiated a favorable settlement.
- After successfully convincing FINRA not to proceed against her high-frequency, algorithmic market maker client, Amy steered that same client through negotiations with the SEC toward a successful resolution of claims that it had failed to fully disclose how it was executing trades for its broker-dealer clients.
Prior to joining the Firm, Amy handled the following matters:
- Successfully persuaded the SEC Staff to close investigation of a high-yield bond fund, its portfolio manager, bond trader, and chief compliance officer, in connection with Staff's review of pricing of trades in illiquid securities.
- Represented several affiliated broker-dealer firms in connection with FINRA's investigation of sales practices and customer disclosures related to variable annuity products. We were able to obtain a favorable settlement for these clients, at a critical time in their businesses.
- Professional excellence, The Best Lawyers in America, 2021
- Recommended, The Legal 500 US, 2016
- Recognized, SEC Chairman's Award for Excellence, 2007
- Partnership Award, Allegheny County Bar Foundation, 2005
- Emissary for Justice Award, Pennsylvania Legal Services, 2003
- Outstanding Service Recognition, Neighborhood Legal Services Association, 1995
- Pro Bono Program Outstanding Volunteer, Allegheny County Bar Association, 1995
- Pro Bono Publico Award, American Bar Association, 1995
Professional Associations and Memberships
- New York City Bar Association - Member
- Allegheny County Bar Association (Pittsburgh) - Member and Former President
- Bedlam Theatre - Member, Board of Directors
- District of Columbia (2017)
- New York (2009)
- Pennsylvania (1989)
- U.S. Court of Appeals, Second Circuit (2012)
- U.S. Court of Appeals, Third Circuit (1990)
- U.S. Court of Appeals, Fourth Circuit (1990)
- U.S. District Court, Southern District of New York~United States (2011)
- U.S. District Court, Eastern District of Pennsylvania~United States (2005)
- U.S. District Court, Western District of Pennsylvania~United States (1989)
- Marshall-Wythe School of Law of the College of William and Mary (JD) (1989)
- Gettysburg College (BA) (1985)
Publications & Presentations
- Co-author, "Crypto Staking the Latest Target of Regulation by Enforcement," Baker McKenzie, February 2023
- Co-author, "SEC promotes Order Competition — by limiting it?," Baker McKenzie, February 2023
- Co-author, United States: "The Securities and Exchange Commission New Year's resolution? Market restructuring for all!," Baker McKenzie, January 2023
- Speaker, “Negotiating Complex Multijurisdictional Settlement Resolutions,” GIR Live NY, September 2022
- Co-author, "United States: Finally, an actual regulator steps into the cryptocurrency area - NYS DFS issues stablecoin guidance," Baker McKenzie, June 2022
- Speaker, "Fiduciary Duties for Sitting Board Members: What You Need to Know," BoardNext, June 2022