Sarah M. Kimmer
Sarah advises clients on 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, 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 three mutual fund advisers against claims of excessive fees, challenging the alleged differential between advisory and sub-advisory fees in cases pending in the Central District of California, 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 nationwide non-profit organization in connection with third-party subpoenas.
- Represented an individual international executive in connection with an investigation by the SEC and DOJ into alleged securities fraud, revenue recognition, and corruption issues.
- Represented an individual international executive in connection with an international corruption investigation by the DOJ.
- 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.
- Counseled U.S.-based private equity firm in connection with inquiries from FINRA.
- Counseled various clients in conducting anti-corruption and litigation due diligence regarding potential transactions.
- 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)