Kathleen S. McArthurPartner
Ms. McArthur has been recognized by leading publications, including as a “Rising Star” by New York Super Lawyers, Who’s Who Legal: Investigations and by The Legal 500 United States, and is a Fellow of the Leadership Council on Legal Diversity. She also was a member of the Sullivan & Cromwell team that was awarded The Legal Aid Society’s 2018 Pro Bono Publico Award. She is a native speaker of Spanish and also is fluent in Portuguese.
SELECTED REPRESENTATIONSWhite-collar and Regulatory Matters
- JPMorgan in achieving resolutions with the DOJ, the CFTC and the SEC, resolving multi-year investigations into alleged “spoofing” by JPMorgan traders in the precious metals and U.S. treasuries markets, and manipulation of precious metals barrier options.
- Scotiabank in obtaining global coordinated resolutions with the DOJ and CFTC resolving investigations of spoofing involving precious metals futures contracts as well as alleged failures to provide pre-trade mid-market marks to swap counterparties and other swap dealer compliance issues.
- Tower Research in connection with coordinated DOJ and CFTC resolutions relating to spoofing activity by three former Tower traders. In November 2019, Tower entered into a Deferred Prosecution Agreement relating to the traders’ activity and simultaneously settled a parallel CFTC investigation of the same activity.
- Barclays in the investigation and resolution with the DOJ, CFTC, the U.K. FCA, and other regulators of matters relating to voice and electronic trading in the global FX Spot Market.
- Major energy firm in connection with inquiries by the CFTC and other regulators relating to trading in physical energy products and related financial instruments.
- Numerous companies in SEC and CFTC enforcement inquiries relating to digital assets.
- Numerous financial institutions in investigations by FINRA, the NFA and other self-regulatory organizations.
- Barclays in multi-district litigation brought by major pension funds and institutional investors alleging banks violated antitrust laws by colluding to rig the $13 trillion market for Treasury securities.
- Major manufacturer of building materials in a multidistrict and class action litigation, in connection with an alleged product defect and consumer fraud.
- 18 of the world’s largest financial institutions in fraudulent conveyance and Article 78 actions against the New York State Insurance Department and the bond insurer MBIA Inc. and its subsidiaries challenging their $5 billion restructuring during the financial crisis.
- UBS in securities class action and shareholder derivative litigation arising out of the accounting fraud of former UBS investment banking client HealthSouth Corp.
- An investment bank in connection with fraudulent conveyance claims brought by liquidators of a Cayman hedge fund.
- Major automotive manufacturer in connection with breach of contract claims against one of its suppliers.
Rankings and Recognitions
- Who's Who Legal: Investigations (2020)
- The Legal 500 United States (2018)
- New York Super Lawyers "Rising Star" (2014–2018)
- Fellow of the Leadership Council on Legal Diversity
- Recognized as a member of the Sullivan & Cromwell team awarded The Legal Aid Society’s 2018 Pro Bono Publico Award