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D. McNair Nichols, Jr.

McNair Nichols is licensed to practice in the District of Columbia and Virginia. He is not currently admitted in North Carolina.

McNair Nichols is an associate in the firm's Research Triangle Park, N.C. and Washington, D.C. offices. His practice focuses on internal investigations, government enforcement, and white-collar defense. McNair represents companies and individuals across a variety of industries who are subject to government investigations, enforcement, and other regulatory actions. He has served as counsel for individuals, broker-dealers, investment advisers, cryptocurrency exchanges, banks, publicly-traded companies, hospitals, and other entities in connection with investigations and enforcement inquiries from the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the Department of Justice (DOJ), U.S. Attorneys’ Offices, and a wide range of state regulatory authorities. 

His experience includes, among other things, matters related to:

  • Allegations of federal and state securities law violations, including issues of public disclosure, insider trading, accounting practices and financial reporting, securities registration, investment adviser and broker-dealer registration, finders fees, market manipulation, breach of fiduciary duties, supervision, and “selling away.”
  • Regulatory compliance and enforcement inquiries involving cryptocurrencies, digital assets, and blockchain technology. 
  • DOJ and qui tam actions asserted under the False Claims Act (FCA). 

In addition, McNair has experience handling internal investigations for companies, and their boards of directors, audit committees, andspecial committees, regarding a wide range of civil and criminal issues, assessing potential legal exposure, and advising regarding related disclosure considerations and resolution. 

McNair represents health care clients in connection with civil and criminal government investigations, internal investigations, and civil litigation with respect to issues including the FCA, Stark Law, and Anti-Kickback Statute. 

McNair engages in pro bono matters at K&L Gates, including the representation of a client in federal habeas proceedings and participating in efforts to identify and remedy wrongful convictions.

Before joining the firm, McNair served as a judicial intern for the Honorable Eric G. Bruggink of the United States Court of Federal Claims. In addition, he worked as a legal extern at the Office of General Counsel at Washington and Lee University. McNair was a summer associate at K&L Gates in 2016.

Additional Thought Leadership Pages
  • Mentioned, “Nuclear technology spat heads to Korean centre,”, 18 November 2022
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