Robert S. Frenchman represents financial services clients in white collar matters, complex litigation, and regulatory enforcement proceedings. Mr. Frenchman has defended financial services clients during investigations and at trial, facing off against federal and state prosecutors, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Financial Industry Regulatory Authority. These representations have involved, among other things, insider trading, allocations in initial public offerings, spoofing, specialist trading, Nasdaq market-making, RMBS trading, order routing, short selling, benchmark rates, securities lending, margin, gifts and gratuities, and research. Mr. Frenchman is also called upon to conduct internal investigations, and to advise on a wide range of securities law issues.

Mr. Frenchman has played a prominent role in the successful defense at trial of major white collar defendants. This includes, most recently, the full acquittal of a UBS trader, Andre Flotron, charged by federal prosecutors with “spoofing” in the precious metals markets. This also includes Michael Gramins, an RMBS trader charged by federal prosecutors with nine felony counts, all of which have resulted in acquittal or remand. In addition to his work on the Gramins and Flotron trials, Mr. Frenchman represented the star witness and source of the material non-public information in US v. Martoma, who received a non-prosecution agreement from federal prosecutors.

Mr. Frenchman was a partner in two international law firms before the formation of Mukasey Frenchman & Sklaroff LLP.

Education

  • J.D., cum laude, Tulane University School of Law, 1993
    Tulane Law Review, Member, 1991-1993
  • B.A., Bowdoin College, 1989

Clerkship

  • Hon. Nauman S. Scott, United States District Court

Admissions

  • New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the District of Connecticut
  • United States Court of Appeals for the Federal Circuit

Publications

  • The Government’s New Tool Against Insider Trading, New York Law Journal, January 25, 2019
  • Corporate Actions: The Case of the Missing Billions, White Paper, November 15, 2018
  • Robo-Advisers: Mass. Offers IA CCOs a Roadmap, Compliance Reporter, August 8, 2016
  • FINRA Liquidity Risk Guidance, Compliance Reporter, November 16, 2015
  • Preparing for New TRACE Rules on ABS, Compliance Reporter, May 4, 2015
  • Self-Trading: Preparing for New FINRA Obligations, Compliance Reporter, June 1, 2014
  • Ask an Attorney, Compliance Reporter, August 27, 2012
  • Ask an Attorney, Compliance Reporter, August 29, 2011
  • New York Court of Appeals Roundup, New York Law Journal, December 8, 1994
  • The Recent Revisions to Federal Proxy Regulations: Lifting the Ban on Shareholder Communications, Tulane Law Review, Volume 68, at 161 (1993)
  • United States v. Rideau: A License to Frisk in Bad Parts of Town, Tulane Law Review, Volume 67, at 1715 (1993)

Speaking Engagements

  • NSCP Regional Conference, Chicago, Illinois, May 2015
  • Compliance Reporter Breakfast Briefing, New York, New York, March 2015
  • 100 Women in Hedge Funds, Greenwich, Connecticut, November 2013
  • NSCP National Meeting, Washington, D.C., October 2013
  • NSCP East Coast Regional Meeting, New York, New York, June 2013

Honors, Professional and Community Involvement

  • The Legal 500 United States, Financial Services: Regulatory, 2012-2015
  • Co-Chair, Board of Directors, Rescuing Leftover Cuisine, 2015-Present
  • President, Board of Directors, 20 West 90th Street Corporation, 2013-Present
  • Member, Securities Industry and Financial Markets Association, Compliance and Legal Division
  • Member, American Bar Association

In the News

Mr. Frenchman is regularly quoted in important news publications on securities law and other topics impacting the financial services industry. This has included, among others, Bloomberg, Chicago Tribune, CNBC, Compliance Intelligence, Compliance Reporter, Corporate Secretary, Dow Jones Factiva, Financial Advisor Magazine, Financial IT, FTF News, Global Custodian, Global Investor ISF Magazine, IA Watch, Institutional Asset Manager, Markets Media, Securities Law 360, Reuters, SFO Magazine, Tabb Forum, Wall Street Journal, and Wall Street Letter.