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Michael S. Dicke

Chair, Securities Enforcement Practice at Fenwick & West

Michael S. Dicke's profile photo
LocationSan FranciscoCalifornia, United States
Current rolePartner, Securities Enforcement and Litigation Fenwick & West LLP · since Nov 2014
Government service19yrsSecurities and Exchange Commission (SEC) · Court of Appeals for the Eighth Circuit

About

Michael is a partner in the firm’s securities litigation group. He conducts internal investigations for company boards and audit committees, and represents companies and their officers and directors in U.S. Securities and Exchange Commission, U.S. Department of Justice, and other law enforcement and regulatory investigations and litigation. In addition, Mike represents regulated entities such as investment advisers, hedge funds and private equity firms in investigations and proceedings. Further, he represents entities and individuals in state and federal securities class action and derivative litigation.

In addition, Mike routinely advises clients on corporate governance and disclosure issues. Recently, he has focused on emerging issues in the cybersecurity and cryptocurrency areas, including advising companies and individuals seeking to launch an initial coin offering and entities engaged in cryptocurrency trading. Mike has also advised several Fortune 500 companies on real-time disclosure issues following a data breach incident, and regularly provides guidance on the SEC’s increasing focus on cybersecurity regulation and enforcement.

Prior to joining Fenwick, Mike spent over 15 years with the SEC, most recently serving as the Associate Regional Director for Enforcement in the SEC’s San Francisco regional office, from 2008 to 2014.

As head of enforcement for the region, Mike oversaw a staff of over 40 attorneys and accountants who investigated and litigated federal securities law violations in northern California and five other states. While at the SEC, Mike conducted and supervised hundreds of investigations, as well as litigation, involving financial reporting and accounting fraud, the Foreign Corrupt Practices Act, insider trading, offering frauds and misconduct by investment advisers, investment companies and broker-dealers. Mike worked closely with the Department of Justice to coordinate parallel criminal investigations, and served on President Obama’s interagency Financial Fraud Enforcement Task Force.

Prior to joining the SEC, Mike practiced for five years as a litigation associate at an Am Law 50 law firm. Following law school, Mike also clerked for Donald P. Lay, Chief Judge of the U.S. Court of Appeals for the Eighth Circuit.

Roles

Nov 2014–Present
Current role

Partner, Securities Enforcement and Litigation

Fenwick & West LLP

San Francisco, California

Civil LitigationCryptocurrency Regulatory SpecialistWhite Collar CrimeCriminal Investigation

Chair, Securities Enforcement Group
Member, White Collar & Regulatory Defense Group

I represent companies, officers and directors, individuals, and regulated entities in SEC, DOJ, and other governmental investigations and enforcement actions. In addition, I represent audit committees in conducting internal investigations following whistleblower allegations or governmental inquiries. I lead Fenwick's litigation and regulatory compliance practice in the blockchain space, and I currently am representing issuers, cryptocurrency companies and exchanges in governmental investigations and private litigation. Further, I represent entities and their officers, directors and employees in securities class actions and derivative actions.
Until March 2025, I co-chaired the American Bar Association's SEC Enforcement Subcommittee and am a past member of the select ABA Attorney-Client Privilege Task Force.

Sep 2008–Oct 2014
Former role

Associate Regional Director

Securities and Exchange Commission (SEC), Enforcement

(appointed)California

EnforcementSecurities Law
Nov 1996–Aug 2008
Former role

Assistant Director, Branch Chief, Staff Attorney

Securities and Exchange Commission (SEC)

(appointed)California

AttorneySecurities Law
Oct 1991–Nov 1996
Former role

Associate

Morrison & Foerster LLP

Legal Officers and Practitioners
Sep 1990–Sep 1991
Former role

Law Clerk

Court of Appeals for the Eighth Circuit

(appointed)

Law ClerkResearchLegal Assistance

Served as judicial law clerk to the Honorable Chief Judge Donald P. Lay, researching and drafting opinions, orders, and bench memoranda.

Representative matters

Experience

August 2025

Successfully defended multinational company in SEC accounting fraud investigation (no action taken) Conducted internal investigation of financial reporting issues for audit committee of a market-leading renewable energy company, and subsequently represented company in SEC investigation (matter closed without enforcement action) Representing numerous cryptocurrency/digital asset platforms in government investigations, contractual disputes and compliance counseling Successfully concluded internal investigation into allegations of FCPA violations made on the verge of company’s IPO Successfully defended electronics corporation in SEC accounting fraud investigation (matter closed without action) Successfully defended social media company in SEC investigation of accounting and disclosure issues (matter closed in five months without action) Conducted investigation for audit committee of biotech company into allegations of improper presentation of clinical data Representing CEO of software company in internal investigation of accounting practices, and in subsequent SEC investigation Represented several late-stage “unicorn” private companies in SEC investigations of compensation practices Representing founders of blockchain project in dispute following an ICO Represented the audit committee of a large U.S.-listed China-based company in investigating and debunking allegations in a short seller report (no government investigation opened) Representing registered investment advisor in SEC investigation Representing multinational company in DOJ tax fraud and parallel SEC investigation Representing individuals in SEC insider trading investigations Representing former officer of venture capital firm in DOJ and SEC fraud investigation Represented senior executive of multinational corporation in internal investigation of issues raised by dissident shareholders Conducted investigations for several public companies following whistleblower allegations Representing managers of financial institution in regulatory and criminal investigations Representing life sciences company in responding to shareholder derivative demand Represented digital asset exchange in OFAC inquiry into KYC and AML violations, and succeeded in getting warning letter instead of enforcement action

Clients

August 2025

Airbnb Arizona Solar Industries Assn Cray Dexcom Dropbox Energous Equinix Intel Intuit LendingClub Loxo Oncology Nimble Storage Proofpoint Sunrun

Professional Involvement

August 2025

Mike has spoken annually at the SEC Institute (2005 – 2018) and is a frequent speaker on programs aimed at reaching public company executives and directors, in-house counsel and white collar defense attorneys. He has published articles in leading publications including Bloomberg and the Harvard Law School Forum on Corporate Governance—his recent articles include an opinion piece entitled “SEC Crackdown on ‘Fake News’ is Itself Fake News” (Bloomberg Law, April 2017).

Recognition

Honors

Leading lawyer for white-collar crime and government investigations

Chambers USA

August 2025

Corporate Investigations and White-Collar Criminal Defense

May 2024

Recognized for corporate investigations and white-collar criminal defense with one client sharing he has "tremendous experience" and "built a good rapport with the board of directors and did outstanding work." 2022 - 2024.

Named to its list of top fintech lawyers

The Legal 500

April 2024

Named to its list of top fintech lawyers, noting his “deep experience in government regulatory investigations and securities enforcement.” 2021 - 2024.

Named to list of top securities litigation and enforcement attorneys in the U.S

The Legal 500

June 2024

Named to list of top securities litigation and enforcement attorneys in the U.S. Clients lauded Mike for his “unmatched experience” in securities enforcement matters, and recognized him for having a “great depth of experience in regulatory matters.” 2015 - 2019, 2023 - 2024.

Ones to Watch

The Best Lawyers in America

August 2025

The Best Lawyers in America (2025): Named Michael to its Ones to Watch list for Securities Regulation, Securities Litigation, Regulatory Litigation Enforcement.

Publications & speeches

How the Current SEC Could Affect Ongoing Crypto Enforcement and ‘Impact Litigation’

Fenwick

January 2025

As the crypto industry eagerly awaits regulatory clarity, some early glimpses of the new administration’s policy priorities may be found in resolutions of ongoing Securities and Exchange Commission cases against exchanges and other key market players. The Commission currently consists of three members and is led by acting SEC Chair Mark Uyeda. It has inherited a full docket of ongoing enforcement cases nationwide, many involving key market infrastructure. There also are numerous “impact litigation” cases ongoing that aim to require the SEC to engage in rulemaking. The Commission could resolve these cases by directing enforcement staff to dismiss certain matters or to begin settlement negotiations with the aim of settling the matters quickly.

Link

New SEC Crypto Task Force Led by Commissioner Hester Peirce: Key Takeaways and Path Forward

Fenwick

January 2025

On Tuesday, acting SEC Chair Mark Uyeda announced the creation of a Crypto Task Force to devise a “sensible regulatory path” for the $3 trillion cryptocurrency market. This represents a departure from the former chair, Gary Gensler, whose SEC initiated numerous enforcement actions against the crypto industry issue tailored guidance.

Link

The SEC is Cracking Down on Misleading Cybersecurity Disclosure

Fenwick

August 2025

On October 22, 2024, the SEC charged two current reporting companies, Unisys Corp. and Check Point Software Technologies, and two former public companies, Mimecast Limited and Avaya Holdings Corp., with making materially misleading statements about cybersecurity risks and cybersecurity attacks experienced by each company.

Link

Don’t Wait for the DOJ to Come Knocking: Important Whistleblower Protection and AI Risk Management Updates

Fenwick

October 2024

In September 2024, the DOJ’s Criminal Division released an updated Evaluation of Corporate Compliance Programs (ECCP) guidance document to address emerging risks. The ECCP serves as a roadmap for how DOJ evaluates a company’s compliance program in considering enforcement action against that company.

Link

SEC Charges AI Co. Audit Cmte. Chair with Failing to Adequately Investigate Report of Financial Misdeeds, Signing 10-K Containing Fake Revenue

Fenwick

September 2024

On September 16, 2024, the Securities and Exchange Commission (SEC) filed civil charges against former CEO Paul D. Roberts, former Chief Financial Officer Joshua A. Weiss, and former Audit Committee Chair Grainne M. Coen of AI company Kubient for their alleged role in inflating and misstating Kubient’s revenue in two public stock offerings. The same day, Roberts also pleaded guilty to one count of criminal securities fraud.

Link

Securities Enforcement Forum West 2025

Fenwick — Beverly Hills, CA

May 2025

Securities Enforcement Forum West is a unique, one-day conference that brings together hundreds of current and former senior SEC officials, securities enforcement and white-collar attorneys, in-house counsel and compliance executives, and other top professionals in the field.

Link

Developments in Securities Litigation and Enforcement in 2024

Fenwick — San Francisco

January 2025

The San Francisco Bar Association's annual Securities Litigation Symposium will provide background and updates on significant changes in securities litigation Fenwick securities enforcement partner and co-lead of the firm’s blockchain practice, Mike Dicke, will participate in a panel titled, "How the Crypto Legal Landscape is Evolving." The panel will be held Tuesday, January 28 at 2:30pm - 3:30pm PT.

Link

Securities Enforcement Forum West 2024

Fenwick — East Palo Alto

May 2024

Securities Enforcement Forum West is a unique, one-day conference that brings together hundreds of current and former senior SEC officials, securities enforcement and white-collar attorneys, in-house counsel and compliance executives, and other top professionals in the field. Fenwick securities enforcement partner and co-lead of the firm’s blockchain practice, Mike Dicke, will participate in a panel titled, "Digital Assets and Cryptocurrency – Regulation and Enforcement of Exchanges, Crypto Lending, DeFi, NFTs and More." The panel will be held Thursday, May 23 at 11:40am - 12:30pm PT. This year’s conference will also be available for attendees to view live online. Fenwick is excited to offer complimentary registration to the virtual event. Use code FENWICK66V during registration. 7+ hours of CLE credit will be available to attendees (pending in CA; approved in Delaware and reciprocal states, including NY)

Link

Securities Enforcement Forum West 2023

Fenwick — Hybrid, Four Seasons Hotel San Francisco

May 2023

Fenwick securities enforcement partner and co-chair of the firm’s blockchain practice, Mike Dicke, will moderate a panel discussing regulation, enforcement and prosecution trends in Silicon Valley at the Securities Enforcement Forum West conference. The panel will be held Tuesday, May 23 at 9:00 - 9:45am PT. Securities Enforcement Forum West is a unique, one-day conference that brings together hundreds of current and former senior SEC officials, securities enforcement and white-collar attorneys, in-house counsel and compliance executives, and other top professionals in the field. This year’s conference will be held on May 23 at the Four Seasons San Francisco and will also be available for attendees to view live online.

Link

12th West Coast Forum on FCPA Enforcement and Compliance

Fenwick — Virtual & Marines' Memorial Club & Hotel San Francisco

June 2022

ACI’s acclaimed 12th West Coast Forum on FCPA Enforcement & Compliance is your best opportunity to connect with decision-makers from your industry, gather cross-industry takeaways, and hear critically important updates affecting your work in the legal and compliance community. Fenwick securities litigation partner Michael Dicke will speak during a program titled The Biggest Missteps to Avoid When Implementing a Comprehensive Whistleblower Program: The Lesser-Known Takeaways for Legal and Compliance on Wednesday, June 15, at 12:15 PM PT.

Link