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Rebecca Fike
Rebecca Fike
Partner — Shareholder Litigation & Enforcement, Government Investigations & White Collar Defense
E: rfike@velaw.com T: +1.214.220.7810
VCard BIO PDF
Partner — Shareholder Litigation & Enforcement, Government Investigations & White Collar Defense

Rebecca Fike

Rebecca Fike
Dallas
T: +1.214.220.7810
F: +1.214.999.7810

Trammell Crow Center
2001 Ross Avenue
Suite 3900
Dallas, Texas 75201

E: rfike@velaw.com
VCard BIO PDF
start quote symbolMy decade in the SEC’s Division of Enforcement gives me singular insight into the current inner workings of government investigations—and my ability to work with regulators allows me to effectively advise my clients and protect their interests.end quote symbol
Rebecca Fike

Rebecca Fike is an experienced litigator focused on SEC and white collar defense and government and internal investigations. As Senior Counsel in the Securities and Exchange Commission’s Division of Enforcement for nearly 10 years, Rebecca conducted all aspects of more than 60 investigations, including three SEC “Top 5” national priority investigations. She often conducted parallel investigations with the Department of Justice and other civil and criminal agencies. The SEC recognized her efforts with an Annual Enforcement Director’s Award for excellence in investigative work, as well as the inaugural Performance Incentive Bonus award for demonstrating an “extraordinary and rare level of performance that significantly surpasses the requirements of the job.”

Rebecca brings clients a current, insider’s perspective on how to best guide them through the reality of today’s SEC investigations. While at the SEC, she brought six successful enforcement recommendations under the new administration and SEC Chairman, giving her a fresh view on the evolving priorities and policies of SEC Commissioners. With this experience, Rebecca is uniquely positioned to work productively with SEC staff while vigorously protecting her clients’ interests.

Since reentering private practice, Rebecca has successfully represented public and private company clients in SEC matters initiated by the Division of Enforcement and Division of Examinations. Opposite the Division of Enforcement, she has effectively navigated her clients through investigations to case closures, successful Wells notice responses, and favorable settlements. Rebecca has conducted investigations on behalf of audit committees or other special committees into whistleblower allegations or other internal reports with potential SEC implications. She is often retained to advise clients on enforcement risks relating to various situations and how to take proactive measures to preclude an enforcement investigation.

Rebecca is a frequent speaker and writer on SEC topics. She was named a Top Author in White Collar Defense in 2023 by JD Supra and regularly appears on panels at industry and legal conferences, webcasts, and client events. She also is co-lead of the firm’s Women’s Initiative for the Washington, DC office.

Experience Highlights

  • Lead counsel defending Fortune 500 public company in SEC investigation arising out of the company’s use of confidentiality agreements with employees

  • Successfully represented broker-dealer in renegotiation of SEC settlement to avoid collateral damages resulting from initial proposal

  • Lead counsel defending Fortune 500 company in SEC investigation arising out of potential disclosure and reporting violations

  • Represented the audit committee of oilfield services company in an independent investigation into accounting allegations made by whistleblower

  • Successfully represented owner of SPAC and its manager in SEC investigation initiated in response to short-seller report

  • Represented oilfield services company in responding to SEC investigation into Rule 10b5-1 plans and insider trading policies

  • Represented national bank in responding to requests from SEC Division of Examinations

  • Successfully represented hedge fund partners in responding to Wells notice from SEC indicating an intention to bring charges

  • Represented tech start up in Regulation CF inquiry

  • Represented tech start up in insider data inquiry

  • Lead attorney in In the Matter of KBR, Inc., the Commission’s first-ever enforcement of Rule 21F-17 under the Dodd-Frank Whistleblower Rules; the resulting order had an impact on corporate whistleblower policies, internal investigation procedures, and confidentiality agreements nationwide

  • Co‐lead investigative attorney in In the Matter of Nikola Corp., a complex ESG/SPAC fraud regarding an alleged zero‐emissions transportation system provider, finding violations of the antifraud and disclosure control provisions of the federal securities laws and ordering the payment of a $125 million penalty

  • Co‐lead investigative attorney in SEC v. Trevor R. Milton charging scores of fraudulent statements made by Nikola Motor Corporation’s founder and former CEO Trevor Milton in raising more than $1 billion from public and private investors through a SPAC transaction

  • Lead attorney in settled administrative proceedings against public company and, founder and former CEO for fraud regarding undisclosed executive perquisites, as well as stock pledges and violations of the books and records, internal accounting controls, and proxy provisions

  • Lead attorney in settled administrative proceedings against public company Tandy Leather Factory, Inc. and its former CEO for failures in accounting, reporting, disclosure controls and procedures, and internal controls over financial reporting

  • Lead attorney in six public company accounting fraud and restatement investigations, including those with parallel criminal investigations and novel accounting and securities law issues

  • Lead attorney in national priority investigation in complex potential public company accounting fraud; worked extensively with other SEC offices and outside criminal authorities

  • (N.D. Tex.) – Lead attorney in $8.7 million oil and gas offering fraud with parallel criminal case

  • (W.D. Tex.) – Lead attorney in $7.4 million aviation investment scheme with parallel criminal case

  • (W.D. Tex.) – Lead attorney in $6.3 million offering fraud by Texas state senator and others; assisted FBI and DOJ in successful criminal prosecution

  • (N.D. Tex.) – Lead attorney in $4.3 million offering fraud

  • (N.D. Tex.) – Lead attorney in $1.1 million real estate investment fraud with parallel criminal case

  • (N.D. Tex.) – Lead attorney in oil and gas offering fraud for misuse of investor funds by founder

  • Co‐lead investigative attorney in In the Matter of Munish Sood, an action against a formerly registered investment adviser related to an NCAA bribery scandal

  • Lead attorney in two potential insider trading investigations

  • Lead attorney in an investigation into potential pump‐and‐dump ring with whistleblower and parallel investigation by the FBI

  • Assisted in drafting a successful motion to dismiss of claims against a hedge fund and fund advisor in a securities class action arising from investment in Madoff feeder fund

  • Assisted in the defense of two master limited partnerships, their general partners, and their directors in lawsuits filed by a limited partner; played large role in electronic discovery, review of public securities filings, deposition preparation, and research and brief writing for injunction hearings

Credentials

  • The University of Chicago Law School, J.D., 2008 (Equal Justice of America Fellow)
  • The University of Texas at Austin, B.A., 2004 (Phi Beta Kappa; National Merit Scholarship; University Scholar)
  • Senior Counsel, Division of Enforcement, U.S. Securities and Exchange Commission (2012-2022)
  • Associate, Complex Commercial Litigation, Vinson & Elkins LLP (2008-2012)
  • Lawdragon, 500 Leading Litigators in America, 2023
  • JD Supra Reader’s Choice Awards, Top Author – White-Collar Defense, 2023
  • Inaugural Performance Incentive Bonus award, U.S. Securities and Exchange Commission, 2021
  • Annual Enforcement Director’s Award for excellence in investigative work, U.S. Securities and Exchange Commission, 2015
  • Texas
  • U.S. Fifth Circuit Court of Appeals
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
  • “General Counsels on the Front Line: Balancing ESG and Economic Priorities,” Thomson Reuters Westlaw, March 20, 2023 (co-author)
  • “The Upcoming Proxy Season,” Women’s Corporate Directors Washington DC Chapter, January 17, 2023 (panelist)
  • “SEC Proposed SPAC Rules: Notable Changes That Could Impact Sponsor Efforts (Part Two of Two),” Private Equity Law Report, June 2022 (quoted)
  • “Implications of Jarkesy v. SEC: Fifth Circuit Upholds Right to Jury Trial, Raises Red Flags about Administrative State,” The Texas Lawbook, May 27, 2022 (co-author)
  • “Relevant Context, Potential Impact and Likelihood of Adoption of the SEC’s Proposed SPAC Rules,” Private Equity Law Report, May 2022 (quoted)
  • “Former SEC Lawyer: 5th Circ. Ruling Challenges Agency’s Dual Roles as ‘Prosecutor and Decider’,” Law.com, May 20, 2022 (quoted)
  • “First ESG Taskforce Lawsuit Shows SEC Serious on Disclosures,” Bloomberg Law, May 13, 2022 (co-author)
  • “Expanded Liability for Companies under the SEC’s Proposed Climate Disclosure Rule,” The Texas Lawbook, April 7, 2022 (co-author)

News & Insights

Event
Lexology Masterclass: Fiduciary Duties and ESG – How to Balance Both
Virtual
Energy TransitionEnvironmentalRegulatory Roundup
June 14, 2023
Event Recap
The SEC’s Division of Enforcement: An Update on Inner Workings and Recent Cases and News
Regulatory Roundup
May 31, 2023
Insight
Finding Safe Harbor: New Share Repurchase Reporting Requirements Allow SEC to Better Monitor Rule 10b-18
Regulatory Roundup
May 18, 2023
Insight
Tech Concerns Motivate SEC Budget for Fiscal Year 2024
Regulatory Roundup
April 24, 2023