Michelle N. Tanney

She | Her | Hers

Partner

New York
T +1.212.589.4292
F +1.212.589.4201

Overview

Formerly of the world’s leading derivatives exchange, Michelle Tanney has a broad securities, derivatives and compliance practice focused on representing public companies and corporate executives in complex civil and regulatory enforcement actions before the U.S. Securities and Exchange Commission (SEC), U.S. Department of Justice (DOJ) and the Financial Industry Regulatory Authority (FINRA). She also provides counsel on compliance issues and remedial measures to mitigate financial or reputational risk, including those concerning evolving financial regulations and corporate management. Michelle’s experience also includes providing counsel to emerging companies, including scalable startups, on issues related to blockchain, cryptocurrency and digital assets.

Leveraging her knowledge of financial markets and complex financial instruments, Michelle serves as a lead attorney on significant matters in connection with BakerHostetler’s role as court-appointed counsel to Irving Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. She is a frequent writer and commentator on regulatory, compliance and enforcement related matters involving the SEC, DOJ and Commodity Futures Trading Commission and is consistently recognized as a “Top Woman” in the New York Metropolitan Area for her securities litigation practice.

Michelle is also active in BakerHostetler’s inclusion and diversity efforts and serves as pro bono coordinator in the New York office, where she leads numerous cases seeking equal rights for underserved and underrepresented communities.

Select Experience

Securities Investigations and Enforcement

  • Represents individuals and companies in SEC investigations and actions, resulting in the government closing investigations without charges.
  • Represented former executives of multimillion-dollar healthcare company in connection with SEC investigation alleging material omissions in required disclosures and government filings.
  • Represented retail investor in SEC investigation alleging misappropriation of funds.

Regulatory Compliance and Corporate Governance

  • Conducts independent and internal investigations for senior executives and management to provide recommendations relating to legal and regulatory compliance and corporate governance.
  • Provides investment funds and managers with insight on regulatory and compliance issues, including review and analysis of corporate governance documents.

BLMIS Recovery Initiative

  • Leads legal teams litigating actions involving feeder funds and other institutional investors to recover billions in fraudulent conveyances in connection with BakerHostetler’s role in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.
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Experience

Securities Investigations and Enforcement

  • Represents individuals and companies in SEC investigations and actions, resulting in the government closing investigations without charges.
  • Represented former executives of multimillion-dollar healthcare company in connection with SEC investigation alleging material omissions in required disclosures and government filings.
  • Represented retail investor in SEC investigation alleging misappropriation of funds.
  • Represented senior employee of multinational financial services company in connection with high-profile SEC enforcement action alleging insider trading.
  • Represented retail investor in a FINRA arbitration that saw a multimillion-dollar award in an action against multinational brokerage firm.
  • Represented investment adviser in connection with SEC enforcement action alleging falsification of financial disclosures.

Regulatory Compliance and Corporate Governance

  • Conducts independent and internal investigations for senior executives and management to provide recommendations relating to legal and regulatory compliance and corporate governance.
  • Provides investment funds and managers with insight on regulatory and compliance issues, including review and analysis of corporate governance documents.
  • Seconded to investment management company, working on structuring and offering domestic, Cayman and European (UCITS) funds; project, rebate and non-disclosure agreements; and various litigation and regulatory issues.

BLMIS Recovery Initiative

  • Leads legal teams litigating actions involving feeder funds and other institutional investors to recover billions in fraudulent conveyances in connection with BakerHostetler’s role in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2020 to 2022)
  • New York Metro "Super Lawyers Top Women Selected" for Securities Litigation (2020 to 2022)

Memberships

  • American Bar Association
  • New York State Bar Association
  • NYC Bar Association

Publications

Alerts

Articles

Pro Bono

  • Co-Chair of the New York Office’s Pro Bono Committee.
  • Manages the firm’s pro bono cases with the Transgender Legal Defense and Education Fund, including impact litigation and matters relating to the Name Change Project to assist transgender individuals in changing their legal name to reflect their gender identity. Accepted the “Freedom Award” on behalf of the firm in 2017.
  • Was lead counsel on amicus brief filed in the Fourth Circuit on behalf of Athlete Ally, the Women’s Sports Foundation, and numerous professional and Olympic athletes in furtherance of their commitment to inclusion and equity in organized sports.
  • Was lead counsel in landmark litigation concerning the inadequacy of safeguards and protections for transgender inmates, successfully settling the action and creating the country’s most robust jail and prison policy concerning the rights of transgender, gender nonconforming, nonbinary and intersex persons in custody.
  • Successfully obtained asylum for numerous individuals persecuted for their sexual orientation and gender identity in their native country.

Prior Positions

  • Chicago Mercantile Exchange: Government Relations and Regulatory Affairs
  • The Office of Senator Charles E. Schumer: Intern 
  • The Office of Senator Barbara Boxer: Intern

Admissions

  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • New York
  • District of Columbia

Education

  • J.D., Albany Law School, 2012, National Order of the Barristers, Moot Court Executive Board
  • M.P.S., The George Washington University, 2009
  • B.A., The George Washington University, 2006

Blog

In The Blogs

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Discovery Advocate
SEC and CFTC Continue Crackdown on Financial Firms Over Off-Channel Communications
By John J. Carney, David Choi, Edward J. Jacobs, Alexandra Karambelas, Lauren P. Lyster, Michelle N. Tanney
May 23, 2023
Key Takeaways Background The SEC and CFTC settlements with HSBC and Scotia Capital come after years of federal regulators’ and prosecutors’ steadily increasing scrutiny of off-channel communications. Anchoring these settlements are...
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Blockchain Monitor
New Congressional Subcommittees Foreshadow Pending Digital Asset Legislation - Blockchain Monitor
By Kevin R. Edgar, Teresa Goody Guillén, Veronica Reynolds, Michelle N. Tanney
February 13, 2023
Takeaways OverviewTwo congressional committees of the U.S. House of Representatives commenced the new year by announcing the creation of new subcommittees for the 118th Congress that are expected to analyze issues concerning cryptocurrency...
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Blockchain Monitor
DOJ Seizes Over $3 Billion in Historic Crypto Dark Web Fraud Case
By Teresa Goody Guillén, Carlos F. Ortiz, Shade I. Quailey, Michelle N. Tanney
November 21, 2022
On November 7, 2022, the U.S. Department of Justice (DOJ) announced that it had seized more than $3.36 billion worth of bitcoin as part of a continuing investigation into a 10-year fraud involving the Silk Road dark web marketplace. This...
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Blockchain Monitor
SEC Chair Stands Firm: ‘Vast Majority' of Cryptocurrency Tokens Are Securities
By Kevin R. Edgar, Jonathan A. Forman, Teresa Goody Guillén, Robert A. Musiala Jr., Veronica Reynolds, Michelle N. Tanney, Joanna F. Wasick
September 9, 2022
In prepared remarks delivered at the Practising Law Institute’s “SEC Speaks” program on Sept. 8, Chair Gensler emphasized and reiterated his long-standing position that the vast majority of cryptocurrency tokens are securities, and he...
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Blockchain Monitor
Developer Arrested Following OFAC Sanctions of the Tornado Cash Protocol
By Adam D. Gale, Teresa Goody Guillén, Veronica Reynolds, Michelle N. Tanney
August 22, 2022
On Aug. 10, 2022, just days after OFAC issued sanctions against virtual currency mixer Tornado Cash, Dutch authorities arrested the protocol’s alleged developer. In a press release, the Treasury Department alleged that since 2019, Tornado...
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