Jennifer Kennedy Park’s practice focuses on white-collar defense, enforcement actions and complex civil litigation.

In 2015, Jennifer became the first Cleary lawyer ever to be named a “Rising Star” by the New York Law Journal, which acknowledged her work on behalf of clients, including serving as lead counsel to HSBC in criminal and regulatory investigations into alleged manipulation and collusion in the foreign exchange markets, and noted her commitment to social, civic and charitable initiatives. She is very active in the firm’s pro bono practice and is a frequent speaker on issues related to the retention and promotion of women in the law.

Jennifer joined the firm in 2003 and became a partner in 2012.

Notable Experience

  • BHP Billiton and Vale in an investigation into of the collapse of the Fundão tailings dam in the Minas Gerais region of Brazil, reportedly the largest environmental disaster since Deep Horizon.

  • HSBC in various parallel criminal and regulatory investigations being conducted by the U.S. Department of Justice, the CFTC, the SEC, the UK FCA, the European Commission, Brazil’s Council for Economic Defence (CADE), and other regulators in Europe and Asia regarding allegations of manipulation and collusion in the foreign exchange market, as well as in similar investigations relating to LIBOR and other benchmark reference rates. She successfully resolved the FX investigation by the FCA and the CFTC, obtaining the lowest fine for her client amongst the five settling banks.

  • Bank of America in investigations by the SEC, Department of Justice, New York Attorney General and U.S. Congress concerning its acquisition of Merrill Lynch, in particular the payment of bonuses and disclosures relating to Merrill’s losses. She successfully obtained approval from the Honorable Jed Rakoff of the U.S. District Court for the Southern District of New York of the settlement with the SEC relating to the acquisition after he had rejected it.

  • Counsel to a major technology company in response to a subpoena related to virtual currency from the New York Department of Financial Services.

  • Public companies, financial institutions and individuals under investigation by the SEC, the Department of Justice, the U.S. Congress, the Financial Industry Regulatory Authority, the CFTC and several states attorney generals. Highlights include representing:

    • A senior executive at a major hedge fund in an insider trading investigation.
    • A senior executive at a major cosmetics company in an insider trading investigation.
    • A leading pharmaceutical company in Foreign Corrupt Practices Act investigation.

  • Google in winning the dismissal of a shareholder class action filed in Illinois state court, arising out of Google’s $12.5 billion acquisition of Motorola Mobility.

  • Dollar Thrifty in shareholder lawsuits challenging its $1.6 billion acquisition by Hertz and successfully defeating an action brought by its shareholders to preliminary enjoin the proposed merger with Hertz, as well as advising the company on competing offers by Avis.

  • Citigroup in a Securities Act class action involving mortgage pass-through certificates, in which she won last year the dismissal of claims against 16 of the 18 offerings at issue and is defending Citigroup against trade secret misappropriation claims, relating to the bank’s Yield Book analytical software.

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SELECTED ACTIVITIES

  • Member, YWCA Academy of Women Leaders
  • Member, Legal Services NYC’s Board of Directors
  • Member, Kate Stoneman Project
  • Member, Westchester Committee, Federal Bar Council
  • Professor, Pace University’s New Directions Program
  • Former Member, Criminal Law Committee, New York City Bar Association
  • Law Clerk, Honorable Linda Kay Davis of the D.C. Superior Court

Publications

"The Next Frontiers for International White Collar Enforcement and Tips on Preparing for Them,” International White Collar Enforcement, 2014 ed.: Top Attorneys on Preventative Measures, Regulatory Compliance and Litigation, February 7, 2014.

"The Second Circuit Holds the Short-Swing Profit Rule Inapplicable to Insider’s Purchase and Sale of Different Types of Stock in the Same Company," Insights, February 1, 2013 (co-author).

"What’s Discussed Here Stays Here," New York Law Journal, December 10, 2012 (co-author).

"Use of Predictive Coding in Regulatory Enforcement Proceedings," U.S. Law Week, August 7, 2012 (co-author).

"The Impact of EU Data Protection Laws on U.S. Government Enforcement Investigations," Intellectual Property Counselor and International HR Journal, January/February 1, 2009 (co-author).

Events