Kenneth Breen

Practice Areas

Kenneth (Ken) Breen has earned a national reputation as a leading advocate who consistently delivers favorable outcomes for his clients. Major corporations and executives frequently choose Ken to handle internal investigations and to represent them in high-stakes investigations and trials across a wide range of matters, including securities and commodities fraud, health care fraud, consumer protection, money laundering, anti-corruption and crypto — many of which involve law enforcement and regulatory agencies from multiple jurisdictions and cross-border legal issues. He regularly represents clients in court and before the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Federal Reserve, state attorney generals, state financial services departments, FINRA and other self-regulatory organizations, other federal agencies, and international regulators. Ken has defended clients in many investigations in which no charges were brought, or where favorable settlements were achieved, often by leveraging his reputation as a winning trial and appellate attorney and former federal prosecutor.

Ken has tried 50 cases to verdict and argued 12 appeals as a federal prosecutor and defense attorney.

Ken is a former federal prosecutor who previously served as an Assistant U.S. Attorney and Deputy Chief of the Business and Securities Fraud Section in the U.S. Attorney’s Office for the Eastern District of New York. Prior to that role, he worked as a trial attorney in the U.S. Department of Justice Tax Division. Before joining Foley, Ken was partner in the New York office of an international law firm and was the global chair of the investigations and white collar defense practice at another global firm.

Career

• Joined Foley & Lardner LLP in 2025

• Deputy Chief of the Business and Securities Fraud Section (2003-2005)

• U.S. Attorney's Office, Eastern District of New York (1999-2005)

• U.S. Department of Justice Tax Division (1995-1999)

Personal

• Boston College Law School (J.D., 1992)

• Boston College (B.A., 1989)

Publications

• Co-author, “Rule 10b5-1 Insider Trading Plans: Increased DOJ Emphasis Checklist,” LexisNexis, Aug. 23, 2024

• Presenter, Jarkesy Supreme Court Ruling Limits SEC’s Enforcement Ability, Harvard Law School Forum on Corporate Governance, July 11, 2024

• Co-author, “Off-Channel Communications: Remote and Hybrid Work Environment Checklist,” LexisNexis, July 11, 2024

• Presenter, Insider Trading and Off-Channel Communications in the Age of Remote and Hybrid Work Environments, Harvard Law School Forum on Corporate Governance, May 12, 2024

• Co-author, “First 10b5-1 Insider Trading Case Raises Compliance Issues,” Law360, Apr. 17, 2024

• Co-author, “DOJ Announces Formal Expansion of Corporate Policy to Incentivize More Self-Reporting,” Wolters Kluwer Insights: The Corporate and Securities Law Advisor, Vol. 37 No. 4, April 2023

• Co-author, “SEC Actions Up the Ante for Cybersecurity Disclosures,” Bloomberg Law, Sept. 14, 2021

• Co-author, “Prosecutions of Bitcoin Mixers Raise Crypto Privacy Questions,” New York Law Journal, May 18, 2021

• Co-author, “Current Attempts to Define Regulator Roles in Cryptocurrency Enforcement Actions,” New York Law Journal, Mar. 19, 2021

• Co-author, Musk’s Crypto Tweets Likely Didn’t Violate SEC, CFTC Rules, Law360, Mar. 5, 2021

• Co-author, “GameStop Stock Trading Poses ‘Manipulation’ Challenge for Regulators,” Bloomberg Law, Jan. 29, 2021

• Co-author, 2020 SEC Risk Alert Provides Guidance for Private Fund Advisers, Journal of Investment Compliance, Vol. 21, Issue 1, Dec. 16, 2020

• Co-author, “How Criminal Rule 4 Is Changing,” Law360, Mar. 27, 2016

• Co-author, “‘Omnicare’ and Opinion Statements Liability in Securities Cases,” New York Law Journal, Mar. 17, 2015

• Co-author, “Expect More SEC Scrutiny of Defense Attorney Conduct,” Law360, Jan. 7, 2014