Herbert S. Washer

Herbert S. Washer

Herbert S. Washer

Partner

212.701.3435 PhonevCard
212.378.2186 Fax
hwasher@cahill.com

Cahill Gordon & Reindel LLP
80 Pine Street
New York, NY 10005-1702

Practices

Education

  • Indiana University, B.S., 1988
  • Boston University School of Law, J.D., 1991, cum laude, Editor, Boston University Law Review

Admission

  • New York

Herbert S. Washer  is a member of the Executive Committee and of Cahill Gordon & Reindel LLP’s litigation practice group concentrating on the defense of complex securities, derivative-related and commodities matters involving civil, regulatory and criminal proceedings. He represents institutions and individuals in federal and state courts, before regulatory bodies and in internal investigations in matters concerning accounting fraud, derivative products, commodities and securities trading, market manipulation, banking and price-fixing.

Mr. Washer currently serves as lead counsel representing major financial institutions in numerous high-profile matters, including civil, criminal and/or regulatory enforcement actions involving the CDO, ARS and CDS markets, alleged commodities market manipulations, and the setting of LIBOR rates. He also represented Merrill Lynch in all criminal, regulatory and civil matters arising out of the collapse of Enron. 

Mr. Washer is recognized as a leading securities litigator by the major lawyer ranking directories including Chambers USA, Euromoney’s Benchmark Litigation, and The Legal 500. He is an author and frequent lecturer on securities litigation and government investigations.

  • Representing several major banks in connection with SEC investigations and civil litigation arising out of the structuring and/or management of CDOs.
  • Representing major bank in CFTC, SEC and DOJ investigations concerning certain market practices. 
  • Representing Credit Suisse in connection with civil litigation relating to the setting of U.S. Dollar LIBOR.
  • Represented Merrill Lynch in SEC, DOJ, CFTC, and Congressional investigations, as well as securities class actions and related civil litigation, arising from Enron’s collapse, including the historic rejection of “scheme liability” by the Fifth Circuit and U.S. Supreme Court. 
  • Representing major foreign bank in connection with CFTC investigation into commodities market manipulation.
  • Representing major foreign bank in connection with SEC investigation of insider trading.
  • Represented major bank in DOJ and New York Attorney General investigation into the credit default swap market. 
  • Represented Bank of America in connection with federal class action arising out of underwriting of auction rate securities. 
  • Represented senior executive of major Swiss bank in criminal investigation concerning subprime securities losses.
  • Represented senior executive of major investment bank in criminal and regulatory investigations concerning the subprime securities markets.
  • Represented underwriters in federal securities class action in connection with underwriting work for a Chinese media company.
  • Represented Citigroup, Merrill Lynch, Credit Suisse and others in federal securities class action in connection with underwriting for the IPO of a commodity trading firm.
  • Represented Credit Suisse in shareholder class action concerning its investment in the Philadelphia Stock Exchange.
  • Represented underwriters in federal securities class action in connection with underwriting work on IPO for a solar power company.
  • Represented three major investment banks in federal securities class action in connection with underwriting work performed on an IPO for a media company.
  • Represented Merrill Lynch in class action related to stock trading and clearing activities.
  • Represented Amaranth International Limited in FERC and CFTC enforcement actions, as well as federal class actions, in connection with alleged manipulation of the energy markets.
  • Represented major Japanese chemical company in connection with criminal investigation and civil litigation arising out of alleged antitrust conspiracy.
  • Represented real estate investment fund in connection with threatened lawsuits by limited partners.
  • Represented Honda Motor Company in connection with shareholder derivative action alleging securities fraud.
  • Represented healthcare company in connection with SEC investigation and civil litigation arising out of alleged accounting fraud.
  • Represented major Japanese bank in SEC investigation and litigation, as well as private civil litigation, arising from allegations of yield-burning.