< Directory Eva Marie Carney

Eva Marie Carney is a partner in the Washington, D.C. office of Richards Kibbe & Orbe. Her practice focuses on securities regulatory and compliance matters. She draws on more than a decade of experience at the SEC, in the Office of the General Counsel and the Division of Investment Management, in advising her investment bank and investment adviser clients on devising and implementing policies and procedures that safeguard and prevent the misuse of confidential information; identifying and limiting conflicts of interest; and otherwise achieving compliance with federal securities laws and other laws and regulations. Ms. Carney analyzes regulatory initiatives for their impact on client business, advocates client positions to the SEC and its staff, undertakes compliance reviews and internal investigations, and presents training programs. Her practice also includes client representations in SEC and other law enforcement investigations, and advice to management, boards of directors and audit committees on disclosure matters and other regulatory issues.

Most recently, Ms. Carney was an Assistant General Counsel for Adjudication at the SEC (1995 to 1998 and 2000 to 2003). In that role, she evaluated and advised the SEC regarding legal issues presented in enforcement cases appealed to the SEC, and she oversaw the writing of enforcement decisions involving investment advisers, broker-dealers, and accountants. Ms. Carney also oversaw review of NASD, New York Stock Exchange, and other self-regulatory organization disciplinary matters, membership denial, and delisting decisions.

Ms. Carney’s prior positions in the Office of the General Counsel included Staff Attorney representing the SEC in appellate securities litigation in the federal courts of appeal and the United States Supreme Court (1988 to 1990). She also was Senior Counsel in the SEC’s Division of Investment Management, where she served as legal adviser on investment management issues (1990 to 1992). She began her legal career at Saint Elizabeth’s Hospital in Washington, D.C., where she served as in-house counsel to the psychiatric and medical staff, developed medico-legal policies, and had an active federal litigation practice as a Special Assistant United States Attorney.

Ms. Carney serves on the Lawyers' Advisory Committee of The Managed Fund Association and is a member of The Women’s Bar Association. She is a participating lawyer with the Pro Bono Services Program of Whitman Walker Clinic Legal Services and is admitted to practice in the District of Columbia and the State of California (inactive).  

Ms. Carney currently serves as an elected representative to the Legislature of the Citizen Potawatomi Nation. The Nation has some 15 enterprises in central Oklahoma, including two casinos and a federally-chartered bank, and is an important economic and culture presence in the State. Ms. Carney sits on the Government & Rules and the Judiciary & Public Safety Legislative Committees and represents all of her fellow members of the Nation who reside in the Mid-Atlantic and Southeastern United States.

News

• 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

• “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

• Contributor, Practicing Law Institute's Securities Law Practice Center
• Committee Member, Lawyers' Advisory Committee, The Managed Fund Association
• Member, The Women's Bar Association
• Participating Lawyer, Whitman Walker Clinic Legal Services' Pro Bono Services Program