Gene R.

Besen
Partner
Gene Besen is a member of SNR Dentons Litigation and Arbitration practice and is highly experienced at handling investigations and civil enforcement proceedings brought by the US Securities and Exchange Commission. Gene was named as a Texas Rising Star by Texas Super Lawyers, 2011. Mr. Besen also has extensive commercial litigation experience including representing financial institutions, pharmaceutical corporations, hedge funds and utilities in all phases of litigation. Prior to joining SNR Denton, Gene practiced at Secore and Waller, LLP, a boutique law firm specializing in securities law.

Dallas D +1 214 259 0956 M +1 214 929 7092 gene.besen@snrdenton.com

Representative White Collar Experience

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Representing CEO of Dallas-based energy company accused of perpetrating a $500 million offering fraud in civil action filed by the SEC and related investigation by the Department of Justice. Representing Dallas entrepreneur in connection with parallel proceedings initiated by the SEC and Department of Justice in connection his alleged involvement in the issuance of false press releases by several public companies. Currently serving as lead counsel for court appointed Receiver in SEC v. Kaleta Capital Management, et. al., handling litigation to marshal and preserve the assets of a multi-layered investment fraud, including successfully arguing for the expansion of the receivership estate to related entities and defeating bids by select investor groups to intervene in the SEC enforcement action. Currently serving as lead counsel for court appointed Receiver in SEC v. Private FX Global One, Ltd., et. al., handling litigation to marshal and preserve the assets of a Forex trading fraud. Representing principal of Dallas-based energy company in connection with an ongoing SEC investigation regarding possible oil and gas offering fraud. Represented Dallas-based private equity advisor in connection with multiple ongoing investigations by SEC, DOJ, and States Attorneys General into allegations of "pay-to-play" in connection with obtaining and maintaining business from public pension funds in California, New York and New Mexico. Successfully represented the principal of a large Houston-based hedge fund in connection with an SEC insider trading investigation alleging ill-gotten gains in excess of $20 million. Represented the head of internal audit for a Fortune 100 company in connection with an SEC investigation into accounting improprieties in which the SEC determined not to bring an enforcement action against our client. Lead counsel in the defense of national broker-dealers and registered representatives in connection with numerous customer complaints alleging churning, unauthorized trading, suitability and failure to supervise.

Representative Commercial Litigation Experience

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Lead counsel in representing clients in actions involving state and federal privacy laws, including current action brought against the Texas Attorney General under the Texas Public Information Act to protect information from disclosure. Represented Schering Plough in connection with the defense and prosecution of a Lanham Act trade dress infringement action involving its Coppertone sunscreen brand and obtained a successful out-of-court settlement with the manufacturer of generic sunscreen for a major worldwide retailer.

Obtained summary judgment on behalf of JPMorgan and LifeCare Hospitals against fraud claims asserted by Highland Capital Management over an amendment to a $250 million Credit Agreement. Highland Crusader Offshore Partners, L.P., et al v. LifeCare Holdings, Inc., et al, 2009 WL 1065212 (N.D. Tex. Apr. 21, 2009) affirmed 2010 WL 1849293 (5th Cir. May 10, 2010). Represented multiple pharmaceutical companies is average wholesale pricing litigation brought by numerous states' attorney generals asserting claims including fraud, false advertising, and violations and state consumer protection laws. Lead associate on trial team representing CPS Energy, a municipal utility owned by the City of San Antonio, Texas, in a dispute over CPS Energy's continued participation in the construction of a new nuclear reactor in Bay City, Texas. After a trial victory, an advantageous confidential settlement was obtained. Successfully represented seven Major League Baseball players in recovering in excess of $139 million from the receivership estate of the Stanford Financial and successfully defeated the Stanford Receivers fraudulent transfer claims seeking to clawback in excess of $9 million from the players. Janvey v. Adams, et al., 588 F.3d 831 (5th Cir. 2009).

Organizations
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Dallas Bar Association State Bar of Texas American Bar Association

Education
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SMU Dedman School of Law, 2004, J.D. Brandeis University, 2001, B.A.

Bar Admissions / Qualifications

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Texas U.S. Court of Appeals for the Fifth Circuit U.S. District Court for the Eastern District of Texas U.S. District Court for the Northern District of Texas U.S. District Court for the Southern District of Texas U.S. District Court for the Western District of Michigan U.S. Court of Appeals for the Second Circuit