Perfil
Miriam G. Bahcall focuses her practice on a variety of financial services industry litigation and regulatory matters, as well as general commercial litigation. She has represented underwriters, broker-dealers, insurance companies, directors and officers in class action and derivative litigation. In addition, Mimi has represented broker-dealers, investment banks, investment management firms, and public issuers and their management and employees in investigations and disciplinary proceedings initiated by the SEC, FINRA, CBOE and state regulators. She has also conducted internal investigations of publicly traded domestic and foreign companies whose operations are in the United States and China. Additionally, Mimi has represented brokerage firms and their management in various customer-initiated cases, and injunction and arbitration proceedings.
Concentrations
- Financial services litigation
- Financial services regulatory matters
- Securities class action litigation
- Corporate internal investigation
- Commercial litigation and arbitration
Capacidades
Experiencia
- Represented a U.S. publicly listed Chinese manufacturing company in securities class action litigation and NASDAQ and SEC proceedings arising out of certain discrepancies and issues the auditor identified as relating to the company and its subsidiaries’ financial records. Assisted the Audit Committee in this investigation and represented the company in related U.S. litigation against certain Chinese banks to obtain copies of the company’s banking records and secure its assets, after the company filed for bankruptcy protection in the United States.
- Represented the U.S. Representative in a securities class action alleging misleading statements in connection with an IPO for a Chinese manufacturer which raised $100 million. Following the filings of motions to dismiss, the case settled for $1 million with no contribution from the U.S. Representative.
- Represented an insurance company in a putative nationwide class action raising charges of an undisclosed "coverage gap." The Illinois court granted the company’s motion to dismiss, and the subsequent appeal was abandoned.
- Represented an underwriter in nationwide class and derivative action litigation raising charges of "yield burning" in connection with certain advance refundings of municipal bonds. The federal court dismissed the claims arising out of the Investment Advisers Act, remaining claims being refiled in state court. Following trial, judgment was granted in the underwriter’s favor and upheld on appeal in 2009.
- Represented a general partner in securities class and derivative action. After finding all the claims to be derivative in nature, the court dismissed the action for failure to make a demand or allege demand futility. The decision was affirmed on appeal.
- Represented an insurance company in a putative class action alleging violations of RICO, Section 10(b) of the Securities Exchange Act and common law fraud based on one of its agents’ sale of counterfeit securities. The class allegations were dismissed and the Plaintiff voluntarily dismissed his individual claims.
- Represented the lead underwriter in a securities class action and derivative litigation arising out of the initial public offering of a REIT. Following the granting of motions to dismiss, the case settled on favorable terms.
- Represented the lead underwriter in litigation arising out of purported misrepresentations in connection with the initial public offering of a company manufacturing specialty chairs. The court dismissed the Section 12(2) claims, leaving just the Section 11 claims, which were thereafter settled and approved.
- Represented the Audit Committee of a U.S. publicly listed Chinese provider of content delivery and cloud computing in connection with a special investigation of claims raised by a whistleblower involving allegations of potential FCPA violations, related party transactions and manipulating revenues. Completed the investigation and made recommendations to the Audit Committee in time for the Company to remain in compliance with its reporting requirements.
- Represented the Vice President of Business Development of a publicly traded Chinese Internet company in connection with the SEC's investigation into the company's inflation of its revenues, which led to a major restatement of its financial statements. The company and certain individuals received Wells notifications, but the Vice President did not.
- Represented a company and more than 100 representatives and managers in a nationwide sweep sales practice investigation.
- Represented more than 50 managers in connection with NASD investigation into compliance with New York State Department of Insurance Regulation 60.
- Represented a director of a mutual fund in connection with claims relating to market timing. No charges were filed against the director.
°The above representations were handled by Ms. Bahcall prior to her joining Greenberg Traurig, LLP.
Reconocimientos y Liderazgo
- Listed, The Best Lawyers in America, Litigation - Securities, 2021-2025
- Listed, Leading Lawyers Network, 2009-2024
- "Top 100 Women Lawyers" in Illinois, 2012
- "Top 100 Women Business Lawyers" in Illinois, 2012, 2018
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
- Member, Winning Team, Global M&A Network’s Turnaround Atlas Award, "Insolvency Deal of the Year – Middle Markets," for the Chapter 11 restructuring of ShengdaTech, Inc., 2013
Credenciales
- J.D., University of Chicago Law School
- B.S., University of Wisconsin-Madison
- Illinois
- U.S. District Court for the Northern District of Illinois