Monica K. Loseman is a partner in the Denver office of Gibson, Dunn & Crutcher and practices in the firm’s Litigation Department.  Recognized by Law Week Colorado as a 2017 “Lawyer of the Year”,  Benchmark Litigation as a Rising Star in 2016 and a Future Star in 2018, Super Lawyers as a top rated Securities Litigator, and as a 2016 “40 under 40” Winner by the Denver Business Journal, Ms. Loseman has substantial experience in complex civil litigation matters. While she has represented clients in a variety of substantive matters, she focuses her practice in corporate and securities litigation, financial reporting, accounting and related investigations, accountant defense, and False Claims Act work.  She has assisted clients in defending federal and state litigation, responding to investigations by various government agencies, including the Securities and Exchange Commission and the Department of Justice.  Ms. Loseman has also conducted a variety of independent investigations involving allegations of corporate fraud and issues relating to financial reporting, accounting, internal controls, and other issues, and is skilled at interacting with Board committees and other stakeholders in presenting results and remedial recommendations.  Ms. Loseman’s trial experience includes three trials before SEC administrative law judges, several bench and jury trials, and private arbitrations.

Significant recent matters in which Ms. Loseman has played a substantial role include:

• Representing an accounting firm in a non-public PCAOB investigation regarding complex audit and accounting matters;
• Defending a client in a private arbitration proceeding and three-week evidentiary hearing centered on the application of various GAAP standards;
• Defending Lynn Tilton and her company, Patriarch Partners, against SEC fraud charges over her management of a distressed debt CLO fund and the presentation of various matters in the fund financial statements, culminating in a three-week administrative proceeding that resulted in a complete victory for Ms. Tilton;
• Representing a Big Four accounting firm partner in an SEC administrative proceeding involving allegations related to an audit of a private equity fund, culminating in a three-week trial;
• Defending an audit partner in an SEC administrative proceeding involving a public company audit in the financial services industry during the financial crisis; represented the accounting firm and current and former employee auditors in the SEC investigation and other, related government agency investigations and civil litigation;
• Representing the Board of a publicly traded company in an SEC investigation;
• Defending a Fortune 500 client against claims made under a state false claims act related to administration of a Medicaid program and alleging damages and civil fines in excess of $1 billion;
• Defending a former officer in an SEC investigation of financial reporting and internal control issues;
• Obtaining dismissal of various complaints against a public company and its officers and directors in litigation asserting breach of fiduciary duty claims related to various merger transactions;
• Representation of an accounting firm in a $2 billion securities litigation matter involving securities fraud claims brought by a class of shareholders as well as cross-claims for malpractice made by the corporate defendant;
• Defense of a national consulting firm against relators’ claims under the False Claims Act, focusing on expert witness testimony and development of defense damages theories, securing summary judgment in client’s favor on all claims;
• Defense of an individual auditor in an SEC Enforcement investigation resulting in closure of the investigation without action;
• Counseling of an accounting firm in an SEC investigation and representation of its employee-auditors in testimony used by prosecutors to secure convictions of several of the audit client’s employees for, among other things, lying to the auditors;
• Defense of multiple opt-out claims involving the purchase of tax shelter investments;
• Defense of a custodial trustee against class claims of investors in a California state record-setting Ponzi scheme involving thousands of investors;
• Representation of an international corporation against direct and indirect purchaser classes, resulting ultimately in a favorable Third Circuit opinion regarding class certification standards; and
• Defense of breach of contract and related claims brought against a Fortune 50 company in Colorado State court, resulting in a favorable jury verdict and an award of defense costs against plaintiffs.

Ms. Loseman is currently the Co-Chair of the Accounting Issues Subcommittee of the ABA Securities Litigation Committee and served on the Board of the Colorado Women’s Bar Association in 2011/2012.  She regularly speaks on SEC Enforcement and securities litigation matters and has co-authored several articles and contributed to texts regarding securities litigation topics.

Ms. Loseman has long been dedicated to pro bono work:  in 2006, Ms. Loseman was a member of the litigation team that received the Firm’s inaugural Frank Wheat Memorial Pro Bono Award for the team’s successful pro bono representation of a family seeking redress for multiple violations of their civil rights.  Currently, Ms. Loseman serves as the President of the Board for Disability Law Colorado, an organization dedicated to the protection and promotion of people with disabilities in Colorado.

Ms. Loseman attended the George Washington University Law School where she served as Editor-in-Chief of The George Washington Law Review and received several awards, including an award for completing her third year with the highest grade point average and the outstanding litigation student award.  She graduated with high honors in 2002 and was elected to the Order of the Coif.  Ms. Loseman received her Bachelor of Science degree in management from Rensselaer Polytechnic Institute in 1997.  Prior to attending law school, Ms. Loseman was a consultant with KPMG Consulting in the Washington, DC area.

Ms. Loseman is admitted to practice law in the States of Colorado and California, the U.S. District Courts for the District of Colorado and the Northern District of California, and the U.S. Court of Appeals for the Tenth Circuit.  She is a member of the American Bar Association, the Colorado Women’s Bar Association, and the Faculty of Federal Advocates.