Overview
Colm Cross represents financial services firms, public companies, and individuals in connection with investigations and enforcement actions brought by the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), the U.S. Department of Justice (DOJ), the New York Stock Exchange (NYSE), and various state securities regulators. He has worked on enforcement actions and investigations at every stage, including responding to regulator requests and government subpoenas, preparing witnesses for testimony and on-the-record interviews, drafting white papers and Wells submissions, and negotiating settlements with regulators. Colm has co-authored several articles on regulatory compliance and actions, including analyses of proposed SEC rules and actions and updates on areas of regulatory scrutiny. Colm also has an active pro bono practice, where he has represented a criminal defendant in post-conviction proceedings in the D.C. Superior Court and D.C. Court of Appeals.
Colm had the privilege of clerking for the late Hon. William H. Pauley of the U.S. District Court for the Southern District of New York. He also served as a judicial intern for the Hon. Patty Shwartz of the U.S. Court of Appeals for the Third Circuit.
Colm earned his J.D., cum laude, from Duke University School of Law, where he served on the Editorial Board of the Duke Law Journal and received the James S. Bidlake Memorial Award for Superior Achievement in Legal Analysis, Research, and Writing. He was a member of the Duke Moot Court and Mock Trial boards, and was co-champion of the Twiggs-Beskind Trial Competition. Prior to joining Bienert Katzman Littrell Williams LLP, Colm was a managing associate in Sidley Austin LLP’s Washington, D.C. office.
Before law school, Colm was a business analyst and consultant for Deloitte Consulting LLP, where he worked with federal agencies and a quasi-public corporation to help employees adapt to changes related to technology implementations and new legislation. He earned a B.S.F.S. from Georgetown University’s Walsh School of Foreign Service and an honors certificate from the Landegger Program in International Business Diplomacy.
Representative Matters
- Represented broker-dealers in connection with SEC and FINRA investigations into compliance with Regulation SHO.
- Represented financial services firms in connection with SEC investigations related to the maintenance and preservation of electronic communications.
- Represented investment banks in connection with SEC and FINRA investigations into compliance with insider trading rules.
- Represented a broker-dealer in connection with a FINRA investigation related to fully-paid securities lending.
- Represented a market making firm in connection with an NYSE investigation related to trading practices and strategies.
- Represented a special purpose acquisition company in connection with an SEC investigation related to financial projections and regulatory filings.
- Represented a public company in connection with SEC and DOJ investigations related to accounting practices.
- Represented a broker-dealer in connection with an SEC investigation into compliance with books and records rules.
Professional Highlights
Publications
- Co-author, “New FINRA Securities Loan Reporting Regime SLATE-ed for January 2026,” Sidley Update, January 10, 2025.
- Co-author, U.S. Supreme Court Limits Use of SEC Administrative Courts in Antifraud Actions, Sidley Update, June 28, 2024.
- Co-author, “U.S. SEC Office of Credit Ratings Publishes Annual Staff Report on Nationally Recognized Statistical Rating Organizations,” Sidley Update, February 26, 2024.
- Co-author, “‘Get Shorty – The Sequel’: SEC Implements New Disclosure of Short Positions and Reliance on Bona Fide Market Making Exception,” Sidley Update, October 17, 2023.
- Co-author, “Increased Focus on Partial Tender Offers and Compliance with Rule 14e-4,” Sidley Update, September 26, 2023.
- Co-author, “SEC Proposes Rule to Enhance Competition for Certain Individual Investor Orders,” Sidley Update, December 29, 2022.