Susan Muck has conducted internal investigations into alleged bribery and accounting fraud for multinational corporations, represented companies and individuals in SEC investigations and at trial, and regularly advises boards and management on disclosure and accounting issues, the Foreign Corrupt Practices Act, and other regulatory matters. In addition to her expertise in internal and regulatory investigations, Susan has extensive experience defending shareholder and class actions that often accompany regulatory matters. She won the dismissal of General Electric-InVision in securities litigation arising out of the settlement of FCPA investigations by the DOJ and SEC, a result that was affirmed by the Ninth Circuit, Glazer Capital Management, LP v. Magistri, 549 F.3d 736. She also won the dismissal of a shareholder class action against Immersion arising out of an internal investigation and multi-year restatement, a result that was also affirmed by the Ninth Circuit, Loos v. Immersion Corp., 762 F.3d 880 (9th Cir. 2014). Susan’s representation of the Special Committee of the California MicroDevices Board of Directors resulted in a leading California opinion on the conduct of special litigation committees, Desaigoudar v. Meyercord, 108 Cal. App. 4th 173 (2003).
Susan is a Best Lawyers' 2014-15 Lawyer of the Year. Only a single lawyer in each practice area in each community is honored as a Lawyer of the Year. She is also Law360’s Securities MVP for her work with Immersion and Diamond Foods.
Susan has been recognized as one of the “Top 100 Lawyers” and “Top Women Lawyers” in California by the Daily Journal. She has repeatedly been named one of the top litigators in California by the Daily Journal, The Best Lawyers in America, and Northern California Super Lawyers. In 2013, Fenwick’s Securities Litigation team was named “Securities Litigation Department of the Year” by The Recorder over 20 other California firms.
A dedicated member of the legal community, she is a founding member of Women in Securities (WISe), a network for women securities defense litigators.
Regulatory and Internal Investigations and Enforcement Proceedings
- Publicly disclosed FCPA or accounting fraud investigations for Intuit, LendingClub, General Electric-InVision (non-prosecution agreement), RAE Systems (no enforcement action), Connetics (no enforcement action), Sunrise Telecom (no enforcement action), Immersion (no enforcement action) and Diamond Foods (settlement)
- Investigated stock option timing allegations for Equinix, Extreme Networks, MIPS, Sunrise Telecom, Zoran, and many other public companies, concluding all regulatory inquiries with no enforcement action
- Represented RS Investments in connection with SEC and Attorney General investigations involving alleged mutual fund market timing
- Successfully defended Morgan Stanley Dean Witter in trial against the SEC challenging the scope of supervisory requirements and procedures
- Currently defending GoPro, Inc., LendingClub, Imperva, Nimble Storage and other technology companies in federal and state securities and derivative suits
- Defended InVision-General Electric in securities class actions arising from FCPA investigations by the DOJ and SEC; dismissal affirmed by the Ninth Circuit
- Defended Barclays, Diamond Foods, Electronic Arts, Equinix, Intuit, ShoreTel and Vocera in shareholder class or derivative litigation alleging accounting or disclosure violations
- Defended life sciences companies Connetics, Immersion, and Sunrise Medical in securities litigation arising out of multi-year restatements and alleged improper revenue recognition
- Defended Affymetrix, Equinix, Extreme Networks, F5, MIPS, and Zoran in shareholder litigation arising out of alleged stock option backdating
- Represented multiple special committees investigating or defending shareholder derivative demands, including representation of the Special Litigation Committee of California Micro Devices' Board of Directors, resulting in the leading California opinion on the conduct of special litigation committees, Desaigoudar v. Meyercord, 108 Cal. App. 4th 173 (2003)
- Susan has developed FCPA, UK Bribery Act and general ethics and compliance programs for dozens of public and private companies.
- She has lectured and written extensively on compliance issues, most recently for the Association of Corporate Counsel, Compliance Week, Law 360, Northwestern University, and Stanford University.
Prior to joining Fenwick & West, she was a partner at Shearman & Sterling.