Devon Applegate Caton routinely represents clients in government enforcement actions, federal securities litigation, and complex commercial disputes. Her practice focuses on the investment management industry, representing investment advisers, mutual funds, officers and directors, hedge funds, and private equity firms in investigations and litigation. Devon regularly advises clients in connection with internal investigations, as well as investigations and examinations conducted by the SEC, FINRA, and others. Devon also routinely advises clients on compliance issues, as well as issues relating to environmental, social and governance (ESG) investing practices, proxy voting, fees and expenses, disclosures, and conflicts of interest. Devon collaborates with colleagues across practices and maintains an active pro bono practice, particularly representing clients seeking asylum.
Experience
- Represented multiple fund advisers against claims of excessive fees under the Investment Company Act of 1940 (PIMCO, Metropolitan West Asset Management, T. Rowe Price), including successfully serving as counsel to Metropolitan West Asset Management in 2018 bench trial.
- Represented fixed income and equity mutual fund advisers in connection with SEC enforcement inquiries into a variety of issues, including potential cross trades and valuation issues.
- Represented hedge fund in corporate governance dispute with directors, officers, and shareholders of early stage natural gas company.
- Represented Reebok in an expedited adversary proceeding regarding a contract dispute between Reebok and the debtor, resulting in a settlement.
- Represented major pharmaceutical and medical device companies in False Claims Act litigation involving alleged kickbacks, off-label marketing, and manufacturing violations.
- Regularly represent private equity, venture capital, and investment management clients in SEC investigations and compliance matters including matters relating to fiduciary duty issues arising out of their receipt of fees and payment of certain expenses, as well as disclosures related to conflicts of interests.
- Regularly represent private equity, hedge fund, venture capital, and public company clients in corporate governance and transactional disputes.