Allison Kernisky

Partner

Practices

Allison Kernisky

+1.703.720.8622

Overview

Allison Kernisky is a litigation attorney in the firm's Tysons and Miami offices, a member of the firm's Securities Litigation Team, Securities Enforcement Defense Team and White Collar Defense and Investigations Team, and co-editor of the firm's SECond Opinions blog. Ms. Kernisky focuses her nationwide practice primarily on securities litigation, with an emphasis on U.S. Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) enforcement matters, in which she helps companies and individuals navigate operational and governance challenges, internal investigations and inquiries and allegations by the SEC and other federal and state agencies.

Ms. Kernisky routinely defends business entities (including public and private companies, corporate directors and officers, broker-dealer firms, registered investment advisers and their associated registered persons, mutual funds and hedge funds) in SEC and FINRA matters, other federal and state governmental investigations and enforcement actions, internal investigations, securities and consumer class actions, shareholder derivative actions, merger and acquisition (M&A) disputes and FINRA investigations and arbitration claims.

Ms. Kernisky has significant experience with complex investigations and litigation matters involving alleged accounting or disclosure violations, securities offerings, securities trading, investment adviser and broker-dealer duties and conduct, and more. She also has significant experience advising clients on matters of regulatory compliance and has trial experience against the SEC.

Ms. Kernisky also handles consumer fraud and other complex business litigation and has successfully represented plaintiffs and defendants in complex business-to-business disputes.

Ms. Kernisky has also handled a number of pro bono representations, including successfully appealing Social Security disability claims and assisting several nonprofit clients to acquire tax exempt status as 501(c) organizations with the IRS. She has initiated two pro bono projects within the firm to assist Legal Services of Greater Miami Inc. (LSGMI) with its Social Security disability appeals and its fair housing clients.

During law school, Ms. Kernisky served as articles and comments editor for the University of Miami Law Review.

Representative Experience

SEC Investigations: Advised individuals and entities in active U.S. Securities and Exchange Commission (SEC) and other governmental investigations and enforcement actions, including responding to voluntary requests and subpoenas for documents, providing interviews and sworn testimony, negotiating settled resolutions and litigating claims
Trial: Defended an investment advisory firm against the SEC in federal court
Insider Trading: Represented a number of individuals suspected of insider trading by the SEC, often employing sophisticated analyses of the client's trading to rebut any inference that it was based on material, nonpublic information; also represented corporations in investigations concerning potential insider trading by their officers and employees; counseled multiple executives on potential insider trading liability
Financial Reporting and Disclosure: Represented public companies and their officers (CEOs, CFOs and controllers) in SEC investigations concerning the accuracy of their financial statements and other public disclosures
Market Manipulation: Represented high-speed algorithmic trading firms in SEC investigations into potential market manipulation; represented pharmaceutical executive in SEC investigation into potential market manipulation
Trading Practices and Trade Reporting: Represented broker-dealer firms in FINRA investigations of their trading practices, including compliance with the markup rule, inter-positioning, trade allocation and cherry-picking
Offering Fraud: Represented entities and individuals in SEC investigations of potential fraud in the offering of securities
Mutual Funds: Represented advisers to mutual funds and fund board members in SEC investigations concerning performance advertising, compliance procedures, best execution, commission recapture and the receipt of soft dollars
FINRA Trading Inquiries: Represented public companies in responding to trading inquiries
FINRA Arbitration: Defended broker-dealers against customer suitability claims
Internal Investigations: Conducted and assisted a number of internal investigations, typically concerning financial reporting

Securities Class Actions: Defended an electric vehicle (EV) charging company, digital business solutions provider, cruise line, pharmaceutical companies, high-tech equipment manufacturers, financial institutions, utilities, media companies and medical device manufacturers and their directors and officers in federal and state securities class action lawsuits
Derivative Actions: Obtained dismissals for a fast casual burger restaurant company and a nationwide homebuilder in shareholder derivative actions
Merger Litigation: Resolved merger litigation for medical device manufacturers, insurance provider and consumer audio electronics manufacturer

Defended satellite radio company, casinos, media companies and health product companies in consumer class actions and state attorney general investigations

LLC Breach Claims: Represented majority member in LLC buyout and action brought by minority member; counseled minority shareholders in high-stakes business negotiations
Failed Accounting Software Implementation Dispute: For a multibillion-dollar financial services firm, sued a global software provider in federal court; minutes before opening statements to the jury, the matter resolved for more than seven times the defendant's highest previous offer
High-Value Products Liability and Consumer Fraud Claims: For one of the largest manufacturers of ink, pursued claims against international and domestic defendants for consumer fraud, misrepresentations and products liability valued at approximately $20 million

Case Study

Helping Clients Manage Complex M&A Transactions