Michelle N. Tanney

She | Her | Hers

Associate

New York
T +1.212.589.4292
F +1.212.589.4201

Overview

Having worked at the world’s largest financial derivatives exchange, Michelle Tanney has a wealth of experience in regulatory enforcement and litigation. She focuses her practice on a broad range of issues, including securities litigation, SEC and DOJ investigations and inquiries, enforcement actions and evolving financial regulations.

Michelle’s experience in compliance, disclosure and government regulation informs her ability to counsel clients on strategic business matters, corporate governance and risk mitigation. She is a frequent writer and commentator on regulatory, compliance and enforcement related matters involving the SEC, DOJ and FTC. Michelle also has in-house experience, having been seconded to a multibillion-dollar global investment firm in New York.

Applying her extensive experience and connections to her work, Michelle has a vested interest in the outcome of litigation and the resulting success of her clients, including the mitigation of financial or reputational risk.

Select Experience

  • Currently involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel.
  • Conducts independent and internal investigations for senior executives 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.
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Experience

  • Currently involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel.
  • Conducts independent and internal investigations for senior executives 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.
  • Represents former executives of multimillion dollar healthcare company in connection with SEC investigation alleging material omissions in required disclosures and government filings.
  • 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.
  • 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.

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)

Memberships

  • American Bar Association
  • New York State Bar Association
  • New York County Lawyers’ Association
  • NYC Bar Association

Publications

Alerts

Articles

Pro Bono

  • 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.
  • Successfully obtained asylum for individuals persecuted for their sexual orientation and gender identity in 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. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern 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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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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Blockchain Monitor
SEC and DOJ Bring Parallel Crypto Insider Trading Cases; SEC Alleges Nine Coinbase-Listed Tokens Are Securities
By John J. Carney, Kevin R. Edgar, Jonathan A. Forman, Adam D. Gale, Teresa Goody Guillén, Robert A. Musiala Jr., Veronica Reynolds, Michelle N. Tanney
July 25, 2022
Significant parallel actions commenced this week by the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) bring crypto fraud enforcement into the spotlight, with the SEC alleging that multiple tokens listed on...
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Blockchain Monitor
Proposed Federal Crypto Legislation Supported by Digital Asset Ecosystem; Consumer Advocacy Groups Balk
By Kevin R. Edgar, Teresa Goody Guillén, Nicholas C. Mowbray, Veronica Reynolds, Michelle N. Tanney
June 15, 2022
On June 7, Senators Cynthia Lummis (R-WY) and Kirsten Gillibrand (D-NY) introduced S. 4356, the Responsible Financial Innovation Act (Lummis-Gillibrand Bill). If enacted, the legislation would create a regulatory framework for federal...
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Blockchain Monitor
DOJ Targets Cryptocurrency Fraud
By John J. Carney, Robert A. Musiala Jr., Kayley B. Sullivan, Michelle N. Tanney
October 12, 2021
Authorship credit: John J. Carney, Robert A. Musiala Jr., Michelle N. Tanney, and Kayley B. Sullivan On October 6, 2021, the U.S. Department of Justice (“DOJ”) announced the creation of a National Cryptocurrency Enforcement Team (“NCET” or...
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