Mr. Gorman’s broad experience enables him to provide valuable perspective in multi-faceted matters involving litigation and regulatory risks. Mr. Gorman has written and spoken at length about the intersection of litigation and investigations, and ways for companies to navigate the legal obligations and risks that arise as the rules and practices of these two forums collide.
Mr. Gorman has conducted corporate internal investigations on behalf of companies, boards of directors and senior executive teams, advising on significant matters that require internal review. Mr. Gorman has designed and led investigations ranging in size from local to global. He also advises clients regarding the legal impact of investigations, including the criminal, regulatory and civil litigation risks that may arise in the context of investigations. Internal investigations often proceed in tandem with investigations by government agencies and Mr. Gorman is experienced in dealing with the U.S. Department of Justice, FBI and Securities and Exchange Commission.
Mr. Gorman’s investigations experience includes:
Foreign Corrupt Practices Act issues;
ﬁnancial and accounting irregularities, and potential ﬁnancial restatements, under U.S. securities laws; and
bankruptcy fraud and other issues under the Bankruptcy Code.
Having handled investigations in the U.S. and countries around the world, Mr. Gorman is familiar with issues that often arise in complex cross-border investigations, including data privacy considerations and other factors.
Corporate Compliance and Ethics
Mr. Gorman advises companies regarding legal compliance and ethics matters in conjunction with investigations, including counseling clients on designing and implementating corporate compliance programs to meet best practices. Mr. Gorman also serves as a member of Skadden’s Ethics Committee.
As a litigator, Mr. Gorman has successfully handled a wide range of in-court and out-of- court disputes, including:
national class actions (including consumer and shareholder class actions);
shareholder derivative litigation;
corporate control litigation and proxy contests;
corporate transaction disputes and post-merger litigation and arbitration (including post-closing adjustment claims, earn-out claims, and representation and warranty-related claims);
contract, fraud and ﬁduciary duty litigation;
labor and employment matters;
covenants not to compete;
intellectual property disputes involving trade secrets, copyright and trademark issues;
Chapter 11-related litigation, including core proceedings and adversary proceedings; and
Mr. Gorman has advised clients in many industries, including the health care, insurance, ﬁnancial services, publishing, retail and construction sectors. Mr. Gorman’s clients have included American Equity Investment Life Insurance Company; Apex Clearing Corporation; Atlas Resource Partners; HSBC Bank plc and HSBC Bank USA N.A.; Houghton Mifflin Harcourt; JPMorgan Chase & Co.; Kmart Corporation; Liberty Mutual Insurance Company; Martin Marietta Materials, Inc.; OptionsHouse LLC; PayPal, Inc.; Peak6 Investments LP; Putnam Investments; Sprint Corporation; Union Federal Bank; Waste Management, Inc.; and Waterﬁeld Mortgage Company.
Public Interest Work
In addition to advising clients in the business world, Mr. Gorman has represented public interest organizations and indigent individuals on a pro bono basis. Among other things, Mr. Gorman has won a client’s release from death row in Illinois after establishing that his client’s death sentence violated the Sixth Amendment to the United States Constitution; represented clients in state and federal courts in civil rights and other constitutional litigation; and advised public-interest organizations regarding litigation, risk management, legal compliance/ethics and corporate governance.
Mr. Gorman has served as a director and trustee of multiple public interest organizations, including serving in board leadership roles such as board chairman, chairman of audit/risk management committees, and chairman of corporate governance and nominating committees.