Arthur Luk | People | Arnold & Porter

Arthur Luk represents corporations, directors, officers, and executives, and Big 4 accounting firms and individual auditors in investigations conducted by the US Department of Justice (DOJ), US Securities and Exchange Commission (SEC), and Public Company Accounting Oversight Board (PCAOB). Mr. Luk has extensive experience with securities class actions, shareholder derivative suits, and complex commercial litigation in federal and state courts, including insurance coverage disputes and putative class actions arising out of data breaches. He is sought after by clients worldwide in a number of industries, including banking and finance, consumer products, insurance, pharmaceuticals, private equity, real estate, and telecommunications.

Mr. Luk serves as co-chair of the firm’s hiring committee.

Focus Areas

Experience

Private equity and venture capital firms in numerous DOJ and SEC investigations.
Accounting firms and individual auditors in numerous SEC and PCAOB investigations, including in a contested PCAOB disciplinary proceeding.
Financial institutions in SEC investigations involving accounting and financial reporting.
Companies in DOJ and SEC investigations regarding compliance with the FCPA.
Companies, executives, and other employees in DOJ investigations regarding possible off-label promotion of pharmaceuticals.

Former director in defense of a shareholder derivative action. Bloso Investments, Ltd. v. Saverin, et al. (Del. Ch.)
Public bank holding company in a securities class action in the Western District of North Carolina involving disclosures in a proxy statement relating to a merger with another bank. In re: Communityone Bancorp Consolidated Stockholder Litigation (WDNC), Howe Barnes v. FNB Bank (NC Super., Wake Cty.)
Ernst & Young Global Limited in two consolidated putative class actions relating to Madoff, the Herald Fund and the Primeo Fund in the Southern District of New York. Claims were dismissed. In re Herald, Primeo and Thema Funds (SDNY)
American Capital Ltd. in consolidated securities class action lawsuit. In re American Capital, Ltd. Securities Litigation (D.Md.)
Multiple companies in responding to shareholder demands.

Market leading directors and officers insurance company in multiple insurance coverage disputes in state and federal courts.
Health insurance company in putative class action litigation following theft of laptops containing consumer information.
Hospital network in putative class action data breach litigation following phishing incident.
Retail chain in putative data breach class action litigation following alleged theft of payment card information.
Digital marketing and media solutions company in data breach class action lawsuits arising out of a network intrusion and alleged theft of customer information.

Consumer electronics manufacturer in putative class action litigation concerning claims of false advertising.
Global energy business in defense of business and individual claims alleging lost profits, diminished value, and property damage.
Publicly held investment company in arbitration hearing relating to fraud and indemnification claims.
Private equity firms and their portfolio companies in post-closing purchase price adjustment, indemnification, and earnout disputes.

Won pre-filing authorization for a successive Section 2255 petition and obtained reduction in sentence. United States v. Williams (DC Cir. / DDC)
Won appeal based on a violation of the Constitution’s ex post facto clause and obtained reduction in sentence. United States v. Turner (DC Cir. / DDC)
Secured consent decree ordering increased funding for the indigent defense system in four counties in Georgia. NP v. State of Georgia (Ga. Super., Fulton Cty.)
Obtained a settlement protecting the First Amendment right of the public to photograph and record from publicly accessible areas in ports of entry. Askins et al. v. Department of Homeland Security et al. (CD Cal.)
Representing victims of anti-Asian hate as a member of the Alliance for Asian American Justice.

Counsel for amici supporting revised admissions policies that eliminate barriers to access to Thomas Jefferson High School for Science and Technology. Coalition for TJ v. Fairfax County School Board (4th Cir. / ED Va.)

Perspectives

August 22, 2024

ABA’s Environmental Law Explored Podcast | ESG: Optimizing Governance and Disclosure Practices to Minimize Risks

American Bar Association

July 2, 2024

In “Seismic Shift,” Supreme Court Strips SEC of Ability To Seek Civil Penalties for Securities Fraud in Administrative Proceedings

Advisory

April 16, 2024

U.S. Supreme Court Limits Civil Liability for Pure Omissions

Advisory

March 20, 2024

SEC Targets “AI Washing” in First of Its Kind Enforcement Matters

Advisory

February 15, 2024

ESG Series: Part III: Key Considerations for Optimizing Governance

Arnold & Porter Webinar

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Recognition

The Legal 500 US

"Next Generation Lawyer" – Securities Litigation: Defense (2017-2018)

Minority Corporate Counsel Association (MCCA)

"Rising Star" (2016)

Credentials

Education

J.D., Columbia Law School, 2003, Harlan Fiske Stone Scholar
B.A., Johns Hopkins University, 2000, Phi Beta Kappa

Admissions

District of Columbia
New York

Activities

Fellow, Leadership Council on Legal Diversity (LCLD)
Member, American Bar Association, Section of Litigation, Professional Liability Litigation Committee