McNair Nichols

McNair Nichols is a partner 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 state 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 is seasoned in conducting 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. Clients that have relied on McNair’s experience with respect to internal investigations include public companies, universities, federal government contractors, healthcare providers, and other entities.

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.

“Dapper Settlement Offers Rules Of The Road For NFT Issuers,” Law360, 9 July 2024

"Implications For Digital Assets After SEC Settlement With DAO," Law360, 13 February 2024

“Parallels in the SEC’s Approach to Cybersecurity for Market,” Bloomberg Law, 2 August 2018

Washington and Lee University School of Law

J.D. (magna cum laude; Editor in Chief, Washington and Lee Law Review; Omnicron Delta Kappa)

2017

Wheaton College

B.A. (cum laude)

2014