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Mr. Pugsley is the Chair of the Securities Litigation Group at Ray Quinney & Nebeker, and a member of the Firm's Litigation Section. Mr. Pugsley was the Chair of the Securities Section of the Utah State Bar in 2006 and was recently appointed by Utah Governor Jon M. Huntsman, Jr. to a four-year term on the State's Securities Advisory Board. Mr. Pugsley has worked on a broad range of commercial litigation matters, including securities, antitrust, appellate, automobile franchise, real estate, intellectual property, products liability and bankruptcy disputes. Mr. Pugsley practiced law for several years in Los Angeles, California before moving to Utah, and holds active licenses to practice law in both California and Utah. A significant portion of Mr. Pugsley's time is devoted to securities litigation, including federal, state and administrative cases involving securities fraud, customer arbitrations, receivership litigation and injunctive actions. Mr. Pugsley regularly handles securities-related investigations, enforcement actions, and licensing and disciplinary cases brought by governmental and self regulatory organizations. He has defended corporations, officers, accountants, brokerage firms and brokers in investigations and actions brought by the Securities and Exchange Commission, the Utah Division of Securities, the Financial Industry Regulatory Authority (FINRA) (formerly NASD), and the Commodity Futures Trading Commission. He has also been involved in several internal investigations for publicly-traded companies, and advises companies and brokerage firms on disclosure and compliance issues. Mr. Pugsley is a member of the Compliance and Legal Division of the Securities Industry and Financial Markets Association (SIFMA, formerly the SIA). He is also a member of the National Society of Compliance Professionals, and an affiliated member of the National Association of Investment Professionals. Mr. Pugsley is an arbitrator with FINRA. Mr. Pugsley maintains an AV rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. Mr. Pugsley has been selected by his peers for inclusion in The Best Lawyers in America in the category of securities law. He was also voted by attorneys throughout the state of Utah as one of Utah’s Legal Elite in the category of Business Litigation in 2004, 2005 and 2006 (as published in Utah Business Magazine).
REPRESENTATIVE ENFORCEMENT LITIGATION
Litigation counsel to the court-appointed receiver in the SEC enforcement action styled SEC v. Novus Technologies, LLC, et al., USDC Case No. 2:07-CV-235.
Representation of USA Securities, USA Commercial Mortgage Company, USA Capital Realty Advisors, USA Capital Diversified Trust Deed Fund, and USA Capital First Trust Deed Fund in multiple federal and state regulatory investigations and related litigation, USBC Case No. BK-S-06-10725 LBR (Nevada)
Representation of two former executives for TenFold Corporation in SEC v. Tenfold, USDC Case No. 2:03-CV-442. All claims were dismissed by the SEC in December of 2005
Representation of the Utah Educational Savings Plan Trust in an administrative settlement with the SEC, 1933 Act Release No. 8601, August 4, 2005, File No. 3-12004
Representation of several defendants in litigation brought by the SEC and the accompanying receivership action captioned SEC v. David Wolfson, et al., USDC Case No. 2:03-CV-0914
Representation of several defendants in the SEC enforcement action captioned SEC v. Allen Wolfson, USDC Case No. 2:02-CV-1086
Representation of the defendant in a Commodities Futures Trading Commission enforcement action, captioned CFTC v. Varner, USDC Case No. 2:02-CV-1373
Representation of three former Fidelity branch managers in a joint SEC and NYSE investigation, and in one of the cases that went to trial before the NYSE Hearing Board
EDUCATION
Duke University, J.D., 1994
Duke Law Journal, Editorial Board, 1993-94
Jessup Cup International Moot Court Team, 1993
Duke University, Sanford Institute of Public Policy, Master of Arts, Public Policy, 1994
University of Utah, B.S., Political Science, 1991
PRACTICE AREAS
Securities Litigation
Litigation
White Collar Criminal Defense and Corporate Compliance
Winter Sports Practice Group
PRIOR PROFESSIONAL EXPERIENCE
Morgan Lewis & Bockius LLP
Jones, Bell, Simpson & Abbott, LLP
ADMITTED TO PRACTICE
Utah State and Federal Courts
California State and Federal Courts
Fourth Circuit Court of Appeals
PROFESSIONAL AFFILIATIONS AND MEMBERSHIPS
Utah State Bar
California State Bar
Federal Bar Association
American Bar Association
Salt Lake County Bar Association
Affiliated Member, National Association of Investment Professionals
Member, Compliance and Legal Division of the Securities Industry and Financial Markets Association
Member, National Society of Compliance Professionals
PUBLICATIONS AND PRESENTATIONS
Approved as a CE provider in Utah, and frequent presenter at continuing education seminars for broker-dealers
Moderator of Panel Discussion on Regulatory Enforcement Issues at the 2006 Securities Law Workshop, sponsored by the Securities Section of the Utah State Bar (August 2006)
Presentation: "The Regulators are Watching: How to Survive Increasing Securities Regulation and Litigation" before the Salt Lake Estate Planning Council's 2005 Fall Institute
Presentation: "Recent 9th and 10th Circuit Securities Decisions" at the Securities Section's Securities Law Workshop (August 2004 and August 2005)
Presentation: "NASD Arbitration" at CLE seminar on Securities Practice sponsored by the Utah State Bar (October 2003)
Moderator of Panel Discussion on Ethical Issues for Securities Attorneys under SEC Rule 205 at the 26th Annual Securities Law Workshop, sponsored by the Securities Section of the Utah State Bar (August 2003)
Speaker at CLE seminar "Stockbroker Fraud in Utah," sponsored by the National Business Institute (October 1999)
"Ninth Circuit Confirms the CFTC Does Not Have Jurisdiction Over Off-Exchange Foreign Currency Transactions," Securities Law Roundup, Winter 1997
"Brokerage Firm Policies Governing the Use of Internet and E-mail by Associated Persons," Compliance Reporter, Institutional Investor, Inc., March 31, 1997
"Nonsmoking Hiring Policies: Examining the Status of Smokers Under Title I of the Americans With Disabilities Act of 1990," 43 Duke Law Journal 1089
PROFESSIONAL AND CIVIC ACTIVITIES
Member of the Securities Advisory Board for the State of Utah (2006 to present)
Chair of the Securities Section of the Utah State Bar 2006-2007
Salt Lake County Bar Executive Committee (2005 to present)
Advisory Board Member to the Utah Division of Securities on the Uniform Securities Act of 2002
Arbitrator with the Financial Industry Regulatory Authority (FINRA) (formerly NASD) (1999 to present)
Globus Relief (formerly the Humanitarian Resource Center of North America) Executive Board Member (2001 to 2006)
Young Lawyers' Division of the Utah State Bar, board member (1999-2001)
Salt Lake City Citizens Review Board member (1999-2002)
Board of Directors of the United Way of the Great Salt Lake Area (1989-90) |
