Michael K. Lowman Esq.

Smith Pachter McWhorter, PLC
Lowman, Michael K.

Michael Lowman has over 25 years of securities law experience. He has represented clients in matters involving a broad array of securities law issues, including regulatory and internal investigations, 10A investigations, criminal parallel proceedings, SEC enforcement actions, civil litigation and securities law disclosure and compliance. Mr. Lowman has represented domestic and global public companies, their officers and directors, and board committees, including in the aviation, aerospace, automotive, defense contracting, construction, health insurance, technology, telecommunications, mining, solar, home health care, broker-dealer and investment management industries. He is a recognized expert who has served as an expert witness on behalf of Canadian securities regulators on cross-border securities law investigations, guest-lectured law school classes on securities law topics, and written extensively on topics that include the FCPA, insider trading and SEC enforcement trends. Mr. Lowman has been a Securities Litigation “Super Lawyer” since 2012.  He serves the firm as a member of its Associate Development and Evaluation Committee.  He received his B.A. from the State University of New York Buffalo and his J.D. from American University.

 

He is co-author of Bloomberg BNA Corporate Practice Portfolio Series No. 15-4th, Inside Information: Prevention of Abuse.  The title is also available as part of the Bloomberg BNA Securities Practice Portfolio Series (No. 238).  This portfolio volume addresses the obligations of a U.S. public company and its insiders arising from the possession of material nonpublic information concerning the company or its securities. After initially discussing what information is deemed to be material and nonpublic, the portfolio then analyzes the prohibitions against insider trading, the scope of the company's obligation to disclose material information, and the formulation of corporate procedures that promote compliance with the insider trading prohibitions and disclosure requirements. The portfolio also discusses potential liabilities and statutory defenses for insider trading, as well as the liability for short-swing profits under Section 16 of the Securities Exchange Act of 1934.