FacultyFaculty/Author Profile
Marc J. Fagel

Marc J. Fagel

Gibson Dunn & Crutcher LLP

San Francisco, CA, USA

Marc Fagel is a partner in Gibson, Dunn & Crutcher’s San Francisco office and a member of the Firm’s Securities Enforcement and White Collar Defense Practice Groups.  Mr. Fagel’s practice focuses on the representation of public companies and their officers and directors, as well as financial institutions, investment advisers, hedge funds, private equity firms, broker-dealers, accounting firms and others in investigations and examinations conducted by the Securities and Exchange Commission, as well as by the Department of Justice, FINRA, and other regulatory bodies.  Mr. Fagel also conducts internal investigations and represents clients in related civil actions.

Prior to joining the Firm, Mr. Fagel spent over 15 years with the SEC’s San Francisco Regional Office, most recently serving as Regional Director from 2008 to 2013. In his role as Regional Director, he was responsible for administering the SEC’s enforcement and examination programs for Northern California, Washington, Oregon, Alaska, Montana and Idaho, managing a staff of more than 100 lawyers, accountants, and other professionals.  Before his appointment as Regional Director, Mr. Fagel served as Associate Regional Director in charge of enforcement.   

While at the SEC, Mr. Fagel conducted, supervised and oversaw hundreds of investigations in nearly every major subject area of the SEC’s enforcement program, including public company disclosure and reporting; the Foreign Corrupt Practices Act (FCPA); insider trading; and investigations of major financial institutions, investment advisors, hedge funds and broker-dealers.  He was at the forefront of the SEC’s initiative on stock option backdating and oversaw some of the largest securities fraud cases filed in the Pacific Northwest. 

Before joining the SEC, Mr. Fagel spent six years as an associate at a large national law firm, where he specialized in representing technology companies and their officers and directors in securities fraud class action litigation. Mr. Fagel received his undergraduate degree from Princeton University and graduated in 1991 with Honors from the University of Chicago Law School, Order of the Coif.

Mr. Fagel currently serves on the Board of Directors of Jewish Family and Children’s Services of San Francisco and the Law Center to Prevent Gun Violence, as well as the Board of Advisors of the SEC Historical Society.

Selected Speaking Engagements

  • “Financial Reporting Risks & Trends,” National Association of Corporate Directors, Corporate Governance Next Practices & General Counsel Forum (Las Vegas, NV, Oct. 2014)
  • “SEC & PCAOB Updates (Moderator),” Center for Corporate Reporting & Governance, 13th Annual SEC Financial Reporting Conference (Irvine, CA, Sept. 2014)
  • “Staying Out of Trouble:SEC Enforcement Update,” Practicing Law Institute, 10th Annual SEC Reporting Forum for Mid-Sized Companies (Las Vegas, NV, Sept. 2014)
  • “The Impact of Dodd-Frank on Private Equity Firms,” Private Equity Association of Los Angeles (Los Angeles, CA, May 2014)
  • “West Coast SEC Directors Roundtable,” Securities Docket (San Francisco, CA, May 2014)
  • “Corporate Governance & SEC Enforcement: Public Company Hot Topics for 2014,” Bar Association of San Francisco (San Francisco, CA, April 2014)
  • “Staying Out Of Trouble:SEC Enforcement Update,” SEC Institute, 29th Annual SEC Reporting and FASB Forum (San Diego, CA, November 2013)
  • “Best Practices in Electronic Surveillance,” ACA Compliance Group, Fall 2013 Compliance Conference (San Francisco, CA, October 2013)
  • “Insider Trading & Hedge Funds,” Reuters HedgeWorld West (Half Moon Bay, CA, October 2013)
  • “Whistleblower Laws and Investigations: Strategies and Practical Considerations for Counsel to Handle Employer Retaliation Claims,” Center for Competitive Management (Webcast, October 2013)
  • “Expert Roundtable on Today’s Hot Compliance Topics,” IA Watch, Fall Compliance Best Practices Summit (Beverly Hills, CA, October 2013)
  • “SEC Enforcement: Where Is It Headed Now?” Society of Corporate Secretaries and Governance Professionals, 67th National Conference (Seattle, WA, July 2013)
Marc J. Fagel is associated with the following items:
Answer Book Chapters  Answer Book Chapters Special Issues in Investigations of Attorneys - SEC Compliance and Enforcement Answer Book (2017 Edition), Friday, June 09, 2017
Treatise Chapters  Treatise Chapters SEC Investigations and Enforcement Actions - Securities Litigation: A Practitioner's Guide (2nd Edition), Tuesday, October 24, 2017

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