Antonio Yanez Jr.

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8725
F 212 728 9725
ayanezwillkie.com

Antonio Yanez, Jr. is a partner in the Litigation Department. He concentrates on securities and financial reporting matters as well as mergers and acquisitions litigation.

Tony’s practice includes representation of issuers, underwriters, accounting firms, private equity firms and others in securities class actions, M&A cases, SEC proceedings, and other litigation and regulatory matters. His litigation experience includes cases in federal, state, and bankruptcy courts around the country. His practice also focuses on internal and independent investigations of financial reporting, accounting, and related issues.

Tony has particular experience in matters with an international dimension. He has experience in securities, financial reporting, and other matters in North America, South America, Europe, and Asia. Tony speaks fluent Spanish and conversational Portuguese.

Tony is ranked among the leading individuals practicing in the area of Litigation: Securities in New York by Chambers USA (2010-2014).

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Highlights

Antonio Yanez, Jr. is a partner in the Litigation Department. He concentrates on securities and financial reporting matters as well as mergers and acquisitions litigation.

Selected Significant Matters

Litigation

  • In re General Electric Co. Securities Litigation (S.D.N.Y.) Representing underwriters of $12 billion General Electric securities offering in securities class action arising out of financial crisis.
  • In re American International Group, Inc. Securities and Derivative Litigations (S.D.N.Y.) Representing senior AIG official in class action and derivative litigation arising out of events leading up to government rescue of AIG.
  • In re Merrill Lynch & Co., Inc. Securities, Derivative and ERISA Litigation (S.D.N.Y.) – Representing senior Merrill Lynch official in securities and derivative litigation arising out of financial crisis.
  • In re Ambac Financial Group, Inc. Securities Litigation (S.D.N.Y) – Representing Big 4 accounting firm in securities class action arising out of writedowns related to securitization products.
  • In re The Bear Stearns Companies Inc. Securities, Derivative, and ERISA Litigation (S.D.N.Y.) – Representing senior Bear Stearns official in class action and derivative litigation arising out of writedowns of subprime-related financial instruments and events leading to acquisition by JPMorgan.
  • In re Molson Coors Brewing Co. Securities Litigation (D. Del.) – Representing company, officers, and directors in international securities class actions arising out of merger.
  • Winokur v. Direct General Corp., No. 3:05-0077 (M.D. Tenn.) – Representing underwriters in securities class action arising out of alleged improper accounting at insurance company.
  • In re WorldCom, Inc. Securities Litigation (S.D.N.Y.) – Representing certain underwriters in negotiations to settle securities class action arising out of accounting improprieties at WorldCom.
  • In re Edison Schools, Inc., Securities Litigation (S.D.N.Y.) – Representing Big 4 accounting firm in securities class action arising out of alleged improper accounting at Edison Schools, Inc.
  • In re Elan Corporation Securities Litigation (S.D.N.Y.) – Representing foreign accounting firm in international securities class action arising out of alleged accounting improprieties at Elan Corporation.
  • In re Oxford Health Plans, Inc., Securities Litigation (S.D.N.Y.) – Representing Big 4 accounting firm in securities class action arising out of alleged accounting improprieties at Oxford Health Plans, Inc.
  • In re Twinlab Corp. Securities Litigation (E.D.N.Y.) – Representing company, officers, and directors in securities class action arising out of alleged accounting improprieties at a nutrition company.
  • State of Wisconsin Investment Board v. Ruttenberg (N.D. Ala.) – Representing Big 4 accounting firm in securities class action arising out of alleged discovery of accounting improprieties at Just For Feet, Inc.

SEC Enforcement

  • Representing senior official of major financial institution in investigation arising out of credit crisis.
  • Representing Big 4 accounting firm in investigation arising out of alleged accounting improprieties at franchising company.
  • Representing foreign accounting firm in investigation arising out of restatement of human resources company financial statements.
  • Representing senior official of major financial services company in investigation arising out of credit crisis.
  • Representing telecommunications company in investigation arising out of whistleblower complaint.
  • Representing Big 4 auditor in investigation arising out of restatement of financial institution financial statements.
  • Representing foreign accounting firm in investigation arising out of restatement of pharmaceutical company financial statements.
  • Representing Big 4 accounting firm in investigation arising out of restatement of industrial products company financial statements.
  • Representing audit committee members in investigation arising out of alleged accounting improprieties at sporting products company.

Internal Investigations

  • Conducting internal investigation in South America for major telecommunications company relating to potential FCPA violations.
  • Conducting investigation in Asia for audit committee of major computer company relating to potential accounting improprieties.
  • Conducting internal investigation for major accounting firm relating to audits of multiple companies.
  • Representing Big 4 accounting firm and others in domestic and offshore accounting-related investigations.

Selected Publications and Lectures

Tony’s publications include:

  • "Delaware Chancery Court Holds Forum Selection Bylaws Are Facially Valid," PLI Course Handbook for the Eleventh Annual Directors’ Institute on Corporate Governance (September 11, 2013)
  • "Only In Our House," VCExperts (July 2013)
  • "Back to Basic: Proof Of Materiality Not Needed To Trigger The Fraud-On-The-Market Presumption Of Reliance," Metropolitan Corporate Counsel (May 2013)
  • "Supreme Court Further Clarifies Class Certification Standards For Securities Fraud Actions," Ford. Corp. L. Forum (February 28, 2013)
  • "Delaware Forum Selection Bylaws Under Attack," VC Experts (February 2012)
  • "Supreme Court Reaffirms "Total Mix" Standard For Assessing Materiality In Federal Securities Actions," Willkie Client Memo, (March 24, 2011)
  • The Financial Reporting Handbook (Aspen 2003, updated quarterly) (Executive Editor)
  • "Fair Value Accounting & Litigation: The Next Wave of Valuation Risk," Business Valuation Update (April 2009)
  • "Second Circuit Keeps Bar High on Pleadings Standards, Affirms Dismissal of Enron Case Against JP Morgan Chase," Securities Litigation Report (March 2009)
  • "Fair Value Roundtable," speech reprinted in Journal of Accountancy (June 1, 2008)
  • "Civil Liability Under the Securities Act of 1933," in Sommer, Federal Securities Act of 1993 (Matthew Bender, 2008) (co-author)
  • "Attorney Liability Under the 1934 Act," in Sommer, Federal Securities Exchange Act of 1934 (Matthew Bender, 2008)
  • 'Materiality and Misstatements in Financials: A New SEC Attack Against 'Earnings Management,'" 7 Panel Counsel Forum 1 (2000) (co-author)
  • "SEC Warns Companies and Auditors about Materiality Assessments and Misstatements in Financial Statements," 7 Metropolitan Corporate Counsel 11 (1999) (co-author)

Tony’s speaking engagements have included:

  • Securities Litigation: Recent Trends Impacting Class Certification, New York City Bar
  • Fair Value Accounting and Litigation, BVR Fair Value Accounting Summit (New York, New York)
  • Prosecuting and Defending Securities Class Actions, The Association of the Bar of the City of New York (New York, New York)
  • Fair Value Accounting: A Litigator’s Perspective, Directors Roundtable, (New York, New York)
  • Audit Committees: The Changing Environment, ALI-ABA (Washington, D.C.)
  • Financial Fraud, XIII National Congress of Accountants, (Panama City, Panama)
  • Financial Fraud and Accounting Irregularities, College of Certified Public Accountants (Panama City, Panama)
  • The Origins of Financial Fraud, Mealey’s "Changing Face of D&O and E&O Conference" (New Jersey)

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