< Directory Eva Marie Carney

Eva Marie Carney became a partner in the Washington, D.C. office of Richards, Kibbe & Orbe in 2006. Her practice focuses on securities regulatory and compliance matters and draws on more than a decade of experience at the SEC, in the Office of the General Counsel and the Division of Investment Management. She assists hedge funds and financial institutions in devising, implementing, training on, and auditing adherence to, policies and procedures that safeguard and control information, facilitate bank loan and securities trading, identify and limit conflicts of interest, and otherwise achieve compliance with federal securities laws and other laws and regulations. Her current projects include advising clients on the practical issues of integrating their compliance programs with the programs in place at institutions with which they have merged or that they have acquired. Additionally, Ms. Carney regularly teams with RK&O's white collar and corporate lawyers in client representations in SEC and other law enforcement investigations, and to provide advice to management, boards of directors and audit committees on disclosure matters and other regulatory issues.

Ms. Carney previously served as an Assistant General Counsel at the SEC. In that role, she evaluated and advised the SEC regarding legal issues presented in enforcement cases, and she oversaw the issuance of enforcement decisions involving investment advisers, broker-dealers, and accountants. Ms. Carney also oversaw SEC review of NASD, New York Stock Exchange, and other self-regulatory organization disciplinary matters, membership denial, and delisting decisions. Ms. Carney’s prior positions at the SEC were as an appellate lawyer in the Office of the General Counsel representing the SEC in securities litigation in the federal courts of appeal and the United States Supreme Court. She also was a senior counsel in the SEC’s Division of Investment Management, where she served as legal adviser on investment management issues. She earlier had an active federal litigation practice as a Special Assistant United States Attorney and counsel for a federal psychiatric hospital in Washington, D.C.

Ms. Carney graduated magna cum laude from the University of San Francisco with a B.A. in History and received her J.D. from Stanford Law School. She is admitted to practice in the District of Columbia and in California. She serves on Richards Kibbe & Orbe’s Executive Committee, and as Co-Chair of the Firm’s Diversity Committee.  Ms. Carney is a Contributing Author to the PLI Securities Law Practice Center. She also participates on the Lawyers' Advisory Committee of The Managed Fund Association, serves on the 2012 Posse D.C. Leadership Council, maintains an active pro bono practice through the Pro Bono Services Program of Whitman Walker Legal Services, and memberships in the Women’s Bar Association and the Federal Bar Association. In addition to her law practice, she holds elected office as a Member of the Legislature of the Citizen Potawatomi Nation, representing fellow Potawatomis who live in the 13 Mid-Atlantic and Southeastern United States and the District of Columbia.

News

• Eva Marie Carney quoted in Hedge Fund Law Report article “Benefits, Challenges and Recommendations for Persons Simultaneously Serving as General Counsel and Chief Compliance Officer of a Hedge Fund Manager”
• Eva Marie Carney quoted in Hedge Fund Law Report article “How Hedge Fund Managers Should Approach Preparing for, Conducting and Documenting the Annual Compliance Review”
• Acquisition International names RK&O 2011 White-Collar Crime Law Firm of the Year
• U.S. News-Best Lawyers awards RK&O "Law Firm of the Year" in White Collar-Government Investigations Law and recognizes firm's other practice areas
• Eva Marie Carney quoted in The Hedge Fund Law Report article "Use by Hedge Fund Managers of Restricted Lists, Watch Lists and Ethical Walls to Prevent Insider Trading Violations"
• RK&O's representation of ORIX USA on agreement to acquire a majority interest in Mariner Investment Group mentioned in The Am Law Daily
• "SEC Examinations of Investment Advisers" webcast, co-presented by Eva Marie Carney, covered in The Hedge Fund Law Report
• Eva Marie Carney quoted in Hedge Funds Review article "Administrators Respond to Regulatory Change"
• Partner Eva Marie Carney Elected Member of First Legislature For Citizen Potawatomi Nation

Seminars & Speaking Engagements

• Eva Marie Carney presents “Integration of Technology and Compliance” at ACA Compliance Group Fall 2011 Conference
• RK&O partners present "Receiving Information, Managing Risk and Preserving Liquidity: Strategies for the Current Regulatory Landscape" at the Alternative Asset Management General Counsel Luncheon in New York City
• Eva Marie Carney co-presents "SEC Examinations of Investment Advisers" webinar hosted by the ACA Compliance Group
• Michael Mann and Eva Marie Carney present "Compliance Strategies for Multinational Firms: Ten Steps for Meeting U.S. and International Regulators' 'Great Expectations'"

Publications

• "Managing Insider Trading Risks as an Ad Hoc Committee Member" by Jon Kibbe, Michael Mann, Eva Marie Carney and Scott Budlong featured in the LSTA 2012 Loan Market Chronicle
• "Why Your Investment Management Company May Soon Be a CFTC-Regulated Entity" by Julia Lu, John Clark, Eva Marie Carney and Kimberly Versace
• “Deconstructing WaMu: Managing Insider Trading Risks as an Ad Hoc Committee Member” by Eva Marie Carney, Michael Mann and Scott Budlong featured as Law360 Expert Analysis piece
• "Deconstructing WaMu: Managing Insider Trading Risks as an Ad Hoc Committee Member" by Eva Marie Carney, Michael Mann and Scott Budlong
• "Registering Investment Advisers Take Note: Drafting Your Compliance Manual is Just the First Step Toward Satisfying the Compliance Rule" by Michael Mann, Eva Marie Carney and Kimberly Versace
• "Proposed anti-fraud and anti-manipulation regimes for loan derivatives products" by Julia Lu and Eva Marie Carney published by Hedgeweek and Derivatives Week
• "Buying a Majority Interest in a Hedge Fund Manager: An Acquirer's Primer on Key Structuring and Negotiating Issues" by Scott Budlong, Eva Marie Carney, Thao Do, Eric O'Meara, William Orbe and Kenneth Werner published in The Hedge Fund Law Report
• "Now You Have a Security, Now You Don't - Antifraud and Anti-Manipulation Regimes for Loan Derivatives Products Under Dodd-Frank" by Julia Lu and Eva Marie Carney published in the Futures & Derivatives Law Report
• "Proposed Rule 9j-1: Swap Markets Will Need Much More Regulatory Clarity" by Julia Lu and Eva Marie Carney
• "Credibly Defending Against Insider Trading Allegations: SEC v. Rorech" by Eva Marie Carney
• "Loan CDS and TRS: Life After Dodd-Frank?" by Julia Lu, Jennifer Grady and Eva Marie Carney
• "United States-European Union Convergence on Insider Trading Standard" by Michael Mann and Eva Marie Carney
• "Adviser Duties, Diligence, Documentation and Disclosure After Madoff and Bayou Funds: Lessons from Hennessee Group LLC and Charles J. Gradante" by Eva Marie Carney and Michael Mann
• "Champerty And The Assignability of Legal Claims" by Eva Marie Carney and Jon Kibbe
• "The SEC Invokes Its Enforcement Authority Over What It Asserts Are Security-Based Swap Agreements" by Eva Marie Carney
• "PCAOB Undertakes To Ensure That Auditor Independence Evaluations Are Better Informed" by Eva Marie Carney
• Briefing Note: Just Released -- US Government Accountability Office Report on Hedge Funds
• "A Third District Court Has Dismissed SEC Claims Relating to Short Selling and PIPEs" by Eva Marie Carney
• "Recent Decisions on Short Selling and PIPEs: Section 5 Claims Dismissed, Insider Trading Claims Survive" by Eva Marie Carney

Professional & Community Affiliations

• Executive Committee Member, and Diversity Committee Co-Chair, Richards Kibbe & Orbe LLP
• Contributing Author, Practicing Law Institute's Securities Law Practice Center
• Committee Member, Lawyers' Advisory Committee, The Managed Fund Association
• Member, 2012 Posse D.C. Leadership Council
• Member, The Women's Bar & Federal Bar Associations
• Participating Lawyer, Whitman Walker Clinic Legal Services' Pro Bono Services Program
• Elected Representative, Citizen Potawatomi Nation Legislature