Overview

Kayvan is an accomplished trial and appellate lawyer with more than 15 years of experience in complex commercial and securities litigation, investigations, and enforcement proceedings. He has served as lead counsel in proceedings nationwide, and regularly defends clients before the U.S. Department of Justice, Securities and Exchange Commission (SEC), state attorneys general, and other government agencies. He also advises corporate boards and special committees in connection with internal investigations and corporate governance matters.

His clients have included leading global companies, and their directors and officers, across a range of industries including financial services, media, technology, energy, and consumer products. He has successfully defended clients against billions of dollars in claims and has recovered hundreds of millions of dollars as plaintiffs’ counsel. He is often called upon to address novel applications of federal securities laws and to address emerging technologies.

Kayvan is also an active member of the blockchain community, advising clients on securities litigation, enforcement, and other legal issues. He is a member of the Legal Working Group of the Wall Street Blockchain Alliance, and has enjoyed teaching cryptocurrency litigation, enforcement, and regulation as part of a graduate-level Fintech course.

With a strong commitment to pro bono service, Kayvan works with the National Women’s Law Center TIME’S UP Legal Defense Fund, successfully defended a freelance journalist in a highly publicized defamation case brought by a former top Mexican official, and worked with the New York Civil Liberties Union in class action litigation that led to a landmark settlement reforming the use of solitary confinement in New York prisons.

  • Experience

    Securities and M&A Litigation

    • Successfully defended a leading global online marketplace and certain of its senior officers and directors in multiple securities class actions brought under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Sections 11 and 15 of the Securities Act of 1933. Obtained dismissal of all claims with prejudice, affirmed on appeal.
    • Represented an investment management firm as petitioner in an appraisal action concerning valuation of a premier power generation company.
    • Advised an entity developing blockchain technology in connection with potential securities litigation and enforcement issues arising out of initial token offerings.
    • Successfully defended a leading financial advisory firm in litigation in Delaware Chancery Court arising out of a leveraged buyout.
    • Successfully defended underwriters of an initial public offering, obtaining dismissal and favorable settlement of a securities class action asserting claims under Sections 11 and 12 of the Securities Act of 1933.
    • Successfully defended former executive officer of an international investment firm against securities fraud claims, obtaining dismissal of all claims.
    • Successfully defended directors and officers of a business software company in shareholder class actions and derivative suits, resulting in favorable settlements involving no admissions or financial contribution.
    • Successfully defended directors and officers of a financial media company in derivative litigation, resulting in dismissal of all claims.
    • Successfully defended executive officer of a reinsurance company in favorable settlement of claims arising under Section 10(b) of the Securities Exchange Act of 1934 and related claims.
    • Represented financial advisors in connection with mergers and acquisitions litigation and a U.S. Department of Justice antitrust review.

    Government Enforcement and Investigations

    • Successfully defended a former executive officer of an investment firm in high-profile SEC enforcement action brought in federal court arising out of suspected violations of the FCPA, Investment Advisers Act, and other laws. Obtained dismissal of all claims with prejudice.
    • Represented one of the world's leading credit rating agencies in multiple overlapping state and federal investigations arising out of its ratings of structured finance securities before the financial crisis, and in a multi-billion dollar lawsuit brought by the State of California alleging violations of the California False Claims Act and unfair competition laws.
    • Represented a special committee of the board of directors of a solar energy company in response to an SEC investigation concerning suspected violation of securities laws, resulting in termination of the investigation without further action.
    • Represented a mortgage originator and servicer in litigation brought by a state attorney general alleging unfair and discriminatory lending practices and seeking hundreds of millions of dollars in damages, resulting in favorable settlement.
    • Represented a global semiconductor company in connection with SEC investigation into suspected accounting and disclosure violations.
    • Represented a global technology company in connection with SEC enforcement action concerning alleged insider trading.
    • Represented officers and employees of a leading U.S. bank in connection with government investigations into LIBOR submissions.
    • Represented officers and employees of a leading international bank in connection with an investigation into compliance with laws concerning U.S. taxpayers.
    • Represented a Fortune 500 corporation in an internal investigation into alleged accounting irregularities.

    Commercial and Employment Disputes

    • Represented a global media company in litigation concerning the termination of a joint venture.
    • Represented a fashion label in arbitration concerning termination of a licensing agreement.
    • Represented a home furnishings company in arbitration concerning valuation of an acquisition.
    • Represented a hedge fund manager in disputes arising out of employment and separation agreements.
    • Represented the founder and major shareholder of a technology company in corporate control and governance disputes.
    • Represented an artist in property loss and business interruption case.
    • Represented a major cable company in licensing and copyright disputes with networks and network affiliates.
    • Advised a foreign financial services organization concerning jurisdiction and arbitration in connection with providing financing to foreign central bank.
    • Advised a global gaming company in connection with contract and licensing disputes concerning an online gaming platform.
    • Represented a global power company in connection with a dispute arising out of its purchase of foreign operating companies.

    Bankruptcy

    • Represented a global energy company and four affiliated debtors in Chapter 11 cases, including in connection with significant environmental remediation obligations and litigation liabilities arising out of various oil- and gas-related interests.
    • Represented the official committee of unsecured creditors in the Chapter 11 cases of a Texas power company and its affiliates, in what was one of the ten largest bankruptcies in U.S. history with the debtors holding approximately $40 billion in debt.
    • Represented a leading mortgage originator and servicer in connection with contested matters concerning billions of dollars of residential mortgage-backed securities claims, as part of its Chapter 11 proceedings, the largest bankruptcy filing of 2012.
  • Credentials

    Education

    • New York University School of Law, J.D., 2003
    • Pomona College, B.A., Philosophy, Politics, and Economics, 2000

    Bar Admissions

    • New York
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. District Court for the Eastern District of New York
    • U.S. District Court for the Southern District of New York

        Professional Memberships

        • New York City Bar Association, Securities Litigation Committee, Voting Member
        • Wall Street Blockchain Alliance, Legal Working Group
      • Insights

        TITLE
        Event

        21st Annual Commercial Real Estate Institute

        Practising Law Institute

        Location:
        Chicago, Ill.
        Article
        News Release

        Schiff Hardin Adds Commercial Litigator Kayvan Sadeghi in New York

        This move deepens the firm’s SEC enforcement, investigations, and blockchain capabilities

        Other Publications

        • “Defending Against Insider Trading Claims,” Lexis Practice Advisor (Jan. 2018)
        • “Insider Trading Cases and Convictions Upended After Second Circuit Issues Landmark Newman Decision,” Wall Street Lawyer, Vol. 19, Issue 3 (Mar. 2015)
        • “2nd Circ.'s Broad View of Insider Trader's Civil Liability,” Law360 (Feb. 27, 2014)
        • “Cooperation Continues to Pay,” Westlaw Journal Securities Litigation and Regulation, Vol. 19 Issue 21 (Feb. 5, 2014)
        • “What Does Cooperation Buy You?” Law360 (Feb. 4, 2013)
        • “Supreme Court: Securities Fraud Plaintiffs Need Not Prove Materiality to Certify a Class,” International Law Office (Feb. 19, 2013)

        Speeches & Presentations

        • “Hot Topics: Blockchain in Real Estate and Opportunity Zones,” Practising Law Institute, Chicago, Ill. (Oct. 24, 2019)
        • “Digital Assets and Blockchain Legal Challenges and Regulatory Evolution,” (co-presenter) Schiff Hardin CLE, San Francisco, Calif. (May 29, 2019)
        • “Securities Litigation 101: Commencing and Contesting a Federal Securities Class Action,” New York City Bar Association, New York, NY (Nov. 12, 2018)
        •  “Securities Litigation 101: Commencing and Contesting a Federal Securities Class Action,” New York City Bar Association, New York, NY (Oct. 4, 2017)
        • “Chinese Companies and U.S. Class Actions: Securities Litigation and Product Liability,” Benjamin N. Cardozo School of Law, New York, NY (Mar. 24, 2015)
      • Citizenship

        Pro Bono Activities

        • Work as a volunteer attorney as part of the National Women’s Law Center Fund, LLC’s TIME’S UP Legal Defense Fund to advise victims facing threatened claims for defamation.
        • Advised an international organization committed to enabling great documentary films, in connection with assessing legal risks and navigating potential disputes.
        • Successfully defended a freelance journalist against defamation and related tort claims brought by a former Mexican official arising out of a Forbes article titled, “Top 10 Most Corrupt Mexicans of 2013.”
        • Represented a class of prisoners in litigation that resulted in a landmark settlement reforming the use of solitary confinement in New York prisons.
        • Successfully represented a mentally incompetent prisoner, securing Ninth Circuit reversal of the district court in precedent-setting opinion clarifying the duties of district courts to incompetent litigants.