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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. His practice focuses on government enforcement, white-collar defense, internal investigations, and regulatory compliance with respect to the federal securities laws. 

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 broker-dealers, investment advisers, registered investment companies, cryptocurrency exchanges and issuers, banks, publicly-traded companies, hospitals, and other entities and individuals 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), US Attorneys' Offices, and a wide range of state regulatory authorities. McNair has handled responses to dozens of subpoenas, civil investigative demands, requests for information, and other requests for documents and information from federal and statute authorities. McNair also has substantial experience resolving matters within FINRA’s Dispute Resolution Services (Arbitration and Mediation) on behalf of financial services clients.

His government enforcement experience includes 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 enforcement investigations involving cryptocurrencies and blockchain technology. 

McNair also routinely advises entities and individuals in the financial services industry regarding regulatory matters affecting their operations, particularly relating to SEC and FINRA regulation and enforcement. Among other things, McNair counsels clients, including broker-dealers and investment advisers, regarding formation, registration, and operations that implicate the federal securities laws.

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

McNair also represents clients in a wide range of industries, including healthcare, defense, and technology, in connection with civil and criminal government investigations, internal investigations, and civil litigation related to the False Claims Act (FCA) and Anti-Kickback Statute (AKS). 

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,” GlobalArbitrationReview.com, 18 November 2022
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