Sarah M. Kimmer
Sarah advises clients in all phases of complex commercial disputes and regulatory enforcement matters in state and federal court. She has experience with a wide range of subject matters, including deal-related litigation, securities matters, restructuring, the Foreign Corrupt Practices Act, and civil and criminal enforcement matters. Sarah’s clients include investment advisers and mutual funds, private equity firms and their portfolio companies, financial services firms, publicly traded companies, health care companies, and non-profit organizations. Sarah also draws on her litigation experience to advise clients on litigation and regulatory risk associated with domestic and cross-border transactions and public filings.
Sarah maintains an active pro bono practice. She assists Criminal Justice Act appointed counsel in the representation of criminal defendants in federal court and represents indigent clients in civil proceedings in Illinois state court. Recently, Sarah obtained a favorable ruling by the Illinois Appellate Court, First District, affirming the trial court’s entry of judgment in favor of her client, and eventually leading to the collection of damages. Sarah also represents asylum-seekers fleeing from political persecution.
- Represented former CEO in connection with a federal civil suit, arising out of alleged insider trading and breach of contract claims.
- Represented pharmaceutical company in high-profile federal multidistrict litigation and state court lawsuits.
- Represented former international consultant in connection with high-profile investigations by the SEC and DOJ into alleged securities fraud, revenue recognition, and corruption issues.
- Represented former controller in connection with securities fraud class action, arising out of alleged accounting fraud, as well as related investigations by the SEC and DOJ.
- Represented mutual fund adviser against claims of excessive fees, challenging the alleged differential between advisory and subadvisory fees resulting in a bench trial ruling in favor of the mutual fund adviser in the Central District of California.
- Represented two additional mutual fund advisers against claims of excessive fees, challenging the alleged differential between advisory and subadvisory fees in cases pending in the District of Maryland and Central District of Illinois.
- Represented investors and trustees in multiple residential mortgage-backed securities repurchase actions in state trial court.
- Represented appellee small business owner in the Illinois State Appellate Court resulting in a unanimous affirmation of the trial court’s entry of judgment in favor of the appellee.
- Represented nationwide non-profit organization in connection with third-party subpoenas.
- Represented a U.S.-based multinational medical device company in an industry-wide Foreign Corrupt Practices Act investigation involving countries across Europe, Asia, and South America.
- Represented an individual international executive in connection with an international corruption investigation by the DOJ and SEC.
- Represented medical device company in connection with federal grand jury subpoena response.
- Counseled various debtors and lenders in restructuring transactions.
- Counseled various clients in conducting anti-corruption and litigation due diligence regarding potential transactions.
- Counseled U.S.-based private equity firm in connection with inquiries from FINRA.
- Represented indigent client against federal criminal conspiracy and gun charges, from arraignment through sentencing, resulting in the mandatory minimum sentence.
- Co-author, “DOJ commentary underscores importance of pre-acquisition diligence,” International Law Office Corporate Finance/M&A Newsletter (May 15, 2019)
- Co-author, “FCPA Corporate Enforcement Policy: Pilot Program Redux,” Law360 (March 1, 2018)
- Co-author, “Evaluating FCPA Pilot Program: The Data, The Trends,” Law360 (April 13, 2017)
- JD, summa cum laude, University of Illinois College of Law, 2015; Order of the Coif; Rickert Award; managing editor, Illinois Law Review; Pro Bono Notation
- M.Ed, Educational Leadership and Administration, Lewis University, 2012
- BA (History), University of Illinois, 2007