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Turning 125: Nelson Mullins Celebrating 125 Years of Legal Service in 2022
In January 1897, attorney P.H. Nelson left his position as solicitor of the Fifth Judicial Circuit to set up a private law practice in Columbia, S.C. The State newspaper contained a short but prescient news item on Jan. 26 about the endeavor, which noted that "the new firm should meet with great success."
And they were right. Today, Nelson Mullins Riley & Scarborough LLP offers legal services in 15 states and the District of Columbia from 31 offices with 930+ attorneys, policy advisors, and professionals. It is the 71st largest law firm in the nation based on 2021 gross revenues, according to The American Lawyer’s Am Law 100, a legal news organization that tracks law firm growth.
Throughout 2022, Nelson Mullins will be sharing seminal events from its history that highlight its growth from a one-man firm in 1897 to where we are today. Click here to learn more.
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July 6, 2022
Partner Virginia "Ginger" Rolfes will be a panelist for a CLE on July 6 titled "Real Estate Finance: Structuring Earnout, Release Parcel, and Partial Prepayment/Defeasance Provisions." The CLE will discuss holdbacks and earnout provisions under which mortgage proceeds are retained by the lender but made available to the borrower upon satisfaction of certain conditions. The panel will also analyze provisions that allow for the release of a parcel post-closing, including the subdivision, easement rights, and entity issues to address. In addition, the panel will discuss the prepayment and partial defeasance options with either scenario.
Real Estate Finance: Structuring Earnout, Release Parcel, and Partial Prepayment/Defeasance Provisions Hosted by: Strafford
Adam Safwat
Partner
Suite 900
Washington, D.C., 20001
Adam regularly represents companies and individuals before the Department of Justice and the Securities and Exchange Commission in investigations and compliance-related matters. His practice is multi-faceted, and in addition to Foreign Corrupt Practices Act (FCPA) and U.S. economic sanctions compliance counseling, he focuses on issues related to white collar and regulatory enforcement impacting public and...
Adam regularly represents companies and individuals before the Department of Justice and the Securities and Exchange Commission in investigations and compliance-related matters. His practice is multi-faceted, and in addition to Foreign Corrupt Practices Act (FCPA) and U.S. economic sanctions compliance counseling, he focuses on issues related to white collar and regulatory enforcement impacting public and private companies, including securities and accounting fraud, financial fraud, and anti-money laundering issues. Adam also has particularly extensive experience in the pharmaceutical sector with respect to the FCPA and other domestic promotional practices. In addition, he provides clients in a host of industries with extensive counseling on best practices for compliance programs and internal controls.
Adam previously served as a deputy chief of the Fraud Section of the U.S. Department of Justice’s Criminal Division from 2012 to 2014, having also served as an assistant chief and a trial attorney from 2006 to 2012. During his time at the Fraud Section, Adam served on several complex securities fraud investigations of individuals and entities in the financial services industry, including matters involving alleged accounting fraud relating to complex derivative instruments and special purpose entities. Adam was a member of the government’s successful trial team in a case against five former reinsurance executives involving accounting and financial statement fraud and concluded a related corporate settlement with a major reinsurance company.
While at the Fraud Section, Adam also led significant FCPA investigations involving companies operating in the commodities, oil services, logistics, and defense industries. He coordinated a multi-jurisdictional investigation resulting in one of the largest FCPA corporate settlements to date.
In addition to his case work, Adam worked on policy matters such as new criminal discovery initiatives within the Criminal Division and on proposed amendments to the U.S. Sentencing Guidelines relating to corporate accounting fraud and insider trading.
Prior to joining the Fraud Section, Adam spent four years as an assistant U.S. attorney in the U.S. Attorney's Office for the District of Delaware, where he conducted jury trials in general crimes cases and also concluded a number of successful white collar investigations in areas such as theft of trade secrets and tax fraud.
private companies, including securities and accounting fraud, financial fraud, and anti-money laundering issues. Adam also has particularly extensive experience in the pharmaceutical sector with respect to the FCPA and other domestic promotional practices. In addition, he provides clients in a host of industries with extensive counseling on best practices for compliance programs and internal controls.
Adam previously served as a deputy chief of the Fraud Section of the U.S. Department of Justice’s Criminal Division from 2012 to 2014, having also served as an assistant chief and a trial attorney from 2006 to 2012. During his time at the Fraud Section, Adam served on several complex securities fraud investigations of individuals and entities in the financial services industry, including matters involving alleged accounting fraud relating to complex derivative instruments and special purpose entities. Adam was a member of the government’s successful trial team in a case against five former reinsurance executives involving accounting and financial statement fraud and concluded a related corporate settlement with a major reinsurance company.
While at the Fraud Section, Adam also led significant FCPA investigations involving companies operating in the commodities, oil services, logistics, and defense industries. He coordinated a multi-jurisdictional investigation resulting in one of the largest FCPA corporate settlements to date.
In addition to his case work, Adam worked on policy matters such as new criminal discovery initiatives within the Criminal Division and on proposed amendments to the U.S. Sentencing Guidelines relating to corporate accounting fraud and insider trading.
Prior to joining the Fraud Section, Adam spent four years as an assistant U.S. attorney in the U.S. Attorney's Office for the District of Delaware, where he conducted jury trials in general crimes cases and also concluded a number of successful white collar investigations in areas such as theft of trade secrets and tax fraud.
Experience
Representative Matters
- Counseled an energy company on mitigation of risks under U.S. economic sanctions implicating existing supply sourcing agreements
- Advised a global business solutions provider on sanctions and federal contracting risks associated with grey-market channel resale activity
- Conducted an internal investigation on behalf of and represented a global pharmaceutical company in a joint DOJ and SEC investigation of alleged FCPA violations in several countries in Eastern Europe, the Middle East, and Asia
- Represented a global pharmaceutical company before the SEC in a global compliance review
- Represented a global pharmaceutical company before the SEC in an investigation into revenue recognition practices
- Represented a former senior executive of a major South Korean industrial firm in a DOJ and SEC investigation involving alleged FCPA violations arising from transactions in Brazil
- Conducted a comprehensive review on behalf of a major financial services corporation of its HR and Compliance investigations functions
- Represented a nonprofit organization as counsel in a federal investigation concerning the company’s conduct and practices in a federal contract selection process
- Represented a large retail fund company regarding allegations of fund mismanagement in an offshore credit fund in India
- Successfully defended a pharmaceutical company in a TRO hearing in federal court involving Lanham Act violations related to comparative safety claims
- Conducted comprehensive anti-money laundering program compliance reviews of prospective debt issuers on behalf of a securities underwriter
- Counseled a U.S. industrial firm on anti-corruption risks associated with a joint venture in Brazil
- Provided FCPA advice to an aircraft leasing company in connection with a transaction involving a state airline
Previous Professional Experience
- Counsel, White Collar Defense, Regulatory and Investigations practice in the D.C. office of global law firm (2014–2021)
- U.S. Department of Justice, Criminal Division
- Deputy Chief, Fraud Section (2012–2014)
- Assistant Chief, Fraud Section (2008–2012)
- Trial Attorney, Fraud Section (2006–2008)
- Assistant U.S. Attorney, U.S. Attorney’s Office for the District of Delaware (2002–2006)
Education
-
Duke University School of Law,
JD
(1994)
- Order of the Coif
- Notes Editor, Duke Law Review
- Duke University School of Law, LLM, International and Comparative Law (1994)
- University of California, Berkeley, BA, high honors (1990)
Admissions
- California
- District of Columbia
- New York
- U.S. District Court for the Northern District of California
- U.S. District Court for the District of Columbia
Clerkships
- Law Clerk, the Honorable Walter K. Stapleton, U.S. Court of Appeals for the Third Circuit
Practice Areas
Representative Matters
- Counseled an energy company on mitigation of risks under U.S. economic sanctions implicating existing supply sourcing agreements
- Advised a global business solutions provider on sanctions and federal contracting risks associated with grey-market channel resale activity
- Conducted an internal investigation on behalf of and represented a global pharmaceutical company in a joint DOJ and SEC investigation of alleged FCPA violations in several countries in Eastern Europe, the Middle East, and Asia
- Represented a global pharmaceutical company before the SEC in a global compliance review
- Represented a global pharmaceutical company before the SEC in an investigation into revenue recognition practices
- Represented a former senior executive of a major South Korean industrial firm in a DOJ and SEC investigation involving alleged FCPA violations arising from transactions in Brazil
- Conducted a comprehensive review on behalf of a major financial services corporation of its HR and Compliance investigations functions
- Represented a nonprofit organization as counsel in a federal investigation concerning the company’s conduct and practices in a federal contract selection process
- Represented a large retail fund company regarding allegations of fund mismanagement in an offshore credit fund in India
- Successfully defended a pharmaceutical company in a TRO hearing in federal court involving Lanham Act violations related to comparative safety claims
- Conducted comprehensive anti-money laundering program compliance reviews of prospective debt issuers on behalf of a securities underwriter
- Counseled a U.S. industrial firm on anti-corruption risks associated with a joint venture in Brazil
- Provided FCPA advice to an aircraft leasing company in connection with a transaction involving a state airline
Previous Professional Experience
- Counsel, White Collar Defense, Regulatory and Investigations practice in the D.C. office of global law firm (2014–2021)
- U.S. Department of Justice, Criminal Division
- Deputy Chief, Fraud Section (2012–2014)
- Assistant Chief, Fraud Section (2008–2012)
- Trial Attorney, Fraud Section (2006–2008)
- Assistant U.S. Attorney, U.S. Attorney’s Office for the District of Delaware (2002–2006)
Media
Recognitions
- The Legal 500, Dispute Resolution: Corporate Investigations & White Collar Criminal Defense (2015, 2019)
- Global Investigations Review “Name to Know” in inaugural edition of the GIR 100 (2015)
Professional Activities
- American Bar Association
- International Bar Association
Adam regularly represents companies and individuals before the Department of Justice and the Securities and Exchange Commission in investigations and compliance-related matters. His practice is multi-faceted, and in addition to Foreign Corrupt Practices Act (FCPA) and U.S. economic sanctions compliance counseling, he focuses on issues related to white collar and regulatory enforcement impacting public and... private companies, including securities and accounting fraud, financial fraud, and anti-money laundering issues. Adam also has particularly extensive experience in the pharmaceutical sector with respect to the FCPA and other domestic promotional practices. In addition, he provides clients in a host of industries with extensive counseling on best practices for compliance programs and internal controls.
Adam previously served as a deputy chief of the Fraud Section of the U.S. Department of Justice’s Criminal Division from 2012 to 2014, having also served as an assistant chief and a trial attorney from 2006 to 2012. During his time at the Fraud Section, Adam served on several complex securities fraud investigations of individuals and entities in the financial services industry, including matters involving alleged accounting fraud relating to complex derivative instruments and special purpose entities. Adam was a member of the government’s successful trial team in a case against five former reinsurance executives involving accounting and financial statement fraud and concluded a related corporate settlement with a major reinsurance company.
While at the Fraud Section, Adam also led significant FCPA investigations involving companies operating in the commodities, oil services, logistics, and defense industries. He coordinated a multi-jurisdictional investigation resulting in one of the largest FCPA corporate settlements to date.
In addition to his case work, Adam worked on policy matters such as new criminal discovery initiatives within the Criminal Division and on proposed amendments to the U.S. Sentencing Guidelines relating to corporate accounting fraud and insider trading.
Prior to joining the Fraud Section, Adam spent four years as an assistant U.S. attorney in the U.S. Attorney's Office for the District of Delaware, where he conducted jury trials in general crimes cases and also concluded a number of successful white collar investigations in areas such as theft of trade secrets and tax fraud.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
- Counseled an energy company on mitigation of risks under U.S. economic sanctions implicating existing supply sourcing agreements
- Advised a global business solutions provider on sanctions and federal contracting risks associated with grey-market channel resale activity
- Conducted an internal investigation on behalf of and represented a global pharmaceutical company in a joint DOJ and SEC investigation of alleged FCPA violations in several countries in Eastern Europe, the Middle East, and Asia
- Represented a global pharmaceutical company before the SEC in a global compliance review
- Represented a global pharmaceutical company before the SEC in an investigation into revenue recognition practices
- Represented a former senior executive of a major South Korean industrial firm in a DOJ and SEC investigation involving alleged FCPA violations arising from transactions in Brazil
- Conducted a comprehensive review on behalf of a major financial services corporation of its HR and Compliance investigations functions
- Represented a nonprofit organization as counsel in a federal investigation concerning the company’s conduct and practices in a federal contract selection process
- Represented a large retail fund company regarding allegations of fund mismanagement in an offshore credit fund in India
- Successfully defended a pharmaceutical company in a TRO hearing in federal court involving Lanham Act violations related to comparative safety claims
- Conducted comprehensive anti-money laundering program compliance reviews of prospective debt issuers on behalf of a securities underwriter
- Counseled a U.S. industrial firm on anti-corruption risks associated with a joint venture in Brazil
- Provided FCPA advice to an aircraft leasing company in connection with a transaction involving a state airline
Previous Professional Experience
- Counsel, White Collar Defense, Regulatory and Investigations practice in the D.C. office of global law firm (2014–2021)
- U.S. Department of Justice, Criminal Division
- Deputy Chief, Fraud Section (2012–2014)
- Assistant Chief, Fraud Section (2008–2012)
- Trial Attorney, Fraud Section (2006–2008)
- Assistant U.S. Attorney, U.S. Attorney’s Office for the District of Delaware (2002–2006)
Education
-
Duke University School of Law,
JD
(1994)
- Order of the Coif
- Notes Editor, Duke Law Review
- Duke University School of Law, LLM, International and Comparative Law (1994)
- University of California, Berkeley, BA, high honors (1990)
Admissions
- California
- District of Columbia
- New York
- U.S. District Court for the Northern District of California
- U.S. District Court for the District of Columbia
Clerkships
- Law Clerk, The Honorable Walter K. Stapleton, U.S. Court of Appeals for the Third Circuit
Practice Areas
Industries
- The Legal 500, Dispute Resolution: Corporate Investigations & White Collar Criminal Defense (2015, 2019)
- Global Investigations Review “Name to Know” in inaugural edition of the GIR 100 (2015)
- American Bar Association
- International Bar Association
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