Fred
N.
Knopf
Partner
914.872.7217
White Plains
New York
Fred Knopf is chair of the firm’s Securities Industry practice. He focuses on defending financial industry professionals, including broker-dealers, RIAs, mutual funds, private equity firms and hedge funds, in complex litigation brought under federal and state securities laws.
Securities brokers and other financial professionals entrust Fred to handle their important legal matters because he has extraordinary depth of knowledge and experience in the financial services industry. He provides an exemplary level of evaluation of client issues and develops creative solutions to minimize exposure and reach the best possible outcome. As a litigator, Fred is tenacious yet careful given the severity of the claims his clients often are facing.
Another key aspect of Fred’s practice involves matters under ERISA, including all aspects of life, health and disability claims. He also has experience with antitrust class actions, RICO, accountant and attorney malpractice, insurance bad faith, reinsurance, unfair business practices and intellectual property matters.
AREAS OF FOCUS
Securities Industry
Fred has been involved in numerous significant cases in the financial services industry, including litigation in federal and state courts, FINRA arbitrations and enforcement proceedings, and matters before various regulatory organizations, including the Securities and Exchange Commission.
In resolving securities litigation matters for clients, Fred and his team have achieved an extremely low average ratio of exposure to settlement cost and an outstanding track record in resolving regulatory issues. In In re Provident Royalties Securities Litigation, a $45 million securities class action arising from a Ponzi scheme, Fred’s client reached a settlement of just $5 million that included full resolution of all FINRA regulatory matters and entirely avoided exposure for all of the other brokers that sold the product at issue.
With a strong background in accountant liability matters, Fred also regularly represents accountants in the securities litigation context. He has represented an accountant for Bernard Madoff and an accountant for a hedge fund in connection with securities fraud investigations.
Life, Health, Disability & ERISA
Fred has extensive experience with group and individual life and disability litigation, including the representation of plans, employers, insurers, fiduciaries and third-party administrators in claims brought under ERISA. These matters include claims seeking benefits and claims for breach of fiduciary duty, and have involved such issues as the “employee” requirement for ERISA coverage, medical necessity, disability benefits, pre-existing condition limitations, notice of claim denial and plan rights, exhaustion of administrative remedies, exclusionary language in ERISA plans, as well as restitution, rights of reimbursement and statutory penalties.
Admissions
New York
Connecticut
U.S. District Court, Eastern, Northern and Southern Districts of New York
U.S. District Court, District of Connecticut
U.S. District Court, Northern District of Texas
U.S. Court of Appeals
Education
University of Bridgeport Law School, J.D., 1990
Sacred Heart University, B.A. and B.S.
Professional Memberships
Association of the Bar of the City of New York
Federal Bar Council
Defense Research Institute (DRI)
SIFMA, Compliance and Legal Division
Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel (WESFACCA)
Board of Finance, Town of Easton, CT, chairman
Publications
p>Co-author, “Securities Arbitrations in FINRA – A Guide To What Every Securities Broker Needs To Know,” Wilson Elser, January 2009.
“The Effects of Subprime & Credit Market Developments & Auction Rate Securities Settlements,”
Daily Business Journal, October 14, 2008.
Co-author, “Credit Crunch Liability Exposure,”
PLUS Journal, June 2008.
“ERISA and Securities Alert – Supreme Court Decision Increases Potential Investor Claims Under ERISA,” Wilson Elser, February 28, 2008.
“Insurance Alert – Recent Decision Regarding SOLI Policies in the Southern District of New York,” Wilson Elser, February 5, 2008.
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Securities Alert –
Disclosure Information Reported On NASD Form U-5 Granted Absolute Privilege Status,” Wilson Elser, March 31, 2007.
“
Securities Alert –
The SEC Approves New NASD Code Of Arbitration Procedure,” Wilson Elser, January 25, 2007.
Co-author, Chapter on “Disability Insurance,”
Insurance Law Practice, New York State Bar Association, 2006.
“ERISA Alert – New York State Insurance Department Makes Major Change in Enforceability of Discretionary Clauses,” Wilson Elser, March 31, 2006.
“Legal Ethics for the In-House Attorney,” WESFACCA CLE, 2003, 2004, 2005.
Co-author, “Accounting, Financial Reporting and Auditing Standards,” Connecticut Society of CPAs, 2003.
Co-Author, “Accountants’ Liability 2003: Where Have We Been And Where Are We Going?,” Regional Bar Association, 2003.
“Liability of Securities Brokers,” Wilson Elser, 2000.
“Accountants and Financial Planning – What are the Rules of the Road?,”
The CPA Journal, February 2000.
Co-author, “Civil Practice in the State v. Federal Courts of New York,” Association of the Bar of the City of New York, 2000.
Co-editor and Contributor, “Securities Marketplace,” Wilson Elser, 1996-present.
“And Now For A Little Good News – The Private Securities Litigation Reform Act of 1995 and How It Should Affect the Accounting Profession,”
The CPA Journal, April 1996.
“The Global Marketplace – Look At International Reinsurance Arbitration,” Wilson Elser, 1994.
“The Liability Problem in the 1990s,” DYP Press, London, June 1993.
“Insurance Company and Intermediary Insolvency,” 9 International Insurance Law Review 291, September 1993.
“Reinsurance Offsets – The Legal Considerations & Practical Implications,” Wilson Elser, 1993.
“Using Federal Magistrates to Resolve Securities Disputes: A Viable Alternative,” 12 U. Bridgeport L. Rev. 427, Winter 1991.
“Strictly Scrutinizing Minority Business Set Aside Plans,” 11 U. Bridgeport L. Rev. 333, Summer 1990.
Presentations
Co-lecturer, “Economic Crisis, Uncertainty and Change,” KPMG,
Spring 2009 Audit Committee Roundtable, Short Hills, NJ, May 2009.
Co-lecturer, “EPL, E&O and Fiduciary,” Professional Liability Underwriting Society,
Professional Risk Symposium, San Diego, CA, April 2009.
Co-lecturer, “Financial Crisis and Risk Oversight,” KPMG,
Audit Committee Institute Roundtable, Short Hills, NJ, December 2008.
Daily Business Journal,
Securities Law Roundtable 2008, Miami, FL, September 2008.
Co-lecturer, “Credit Market Exposures,” Professional Liability Underwriting Society,
Professional Risk Symposium, Atlanta, GA, May 2008.
Co-lecturer, “Corporate Scandals: Why They Happen and What We Can Do to Prevent Them From Happening Again; Ethical Dilemmas for In-House Counsel and Resolution Strategies,” WESFACCA, October 2006.
“Legal Ethics for the In-House Attorney,” WESFACCA, May 2004.
“Emerging Issues for CPAs,” New York State Society of CPAs, Long Island Managing Partner Group, January 2004.
2003 Employment Practices Liability and Professional Liability, Hartford Insurance, December 2003.
“Accountants’ Liability 2003: Where Have We Been and Where Are We Going?,” Regional Bar Association, Stamford, CT, February 2003.
“Accounting, Financial Reporting and Auditing Standards,” Connecticut Society of CPAs, Stamford, CT, January 2003.
“Liability of Securities Brokers,” Wilson Elser, December 2000.
“Civil Practice in the State v. Federal Courts of New York,” Association of the Bar of the City of New York, February 2000.
“The Basics of Discovery in New York,” New York State Bar Association, Fall 2000.
“Legal Writing” annual seminar, Wilson Elser, 1997-present.