NINA (NICKI) LOCKER

Partner
Litigation

EXPERIENCE:

Nicki Locker is the securities litigation practice group leader at Wilson Sonsini Goodrich & Rosati. An experienced litigator, Nicki has represented companies and their officers and directors in more than 100 shareholder class actions and derivative suits throughout the United States.

Nicki also has substantial experience in corporate internal investigations and SEC investigations and enforcement proceedings. She has advised numerous boards and special committees in internal investigations regarding accounting improprieties, FCPA violations, stock option backdating, insider trading, off-label marketing, and embezzlement. Nicki has represented over 20 companies in government investigations and has served as personal counsel to dozens of executives and directors in SEC matters.

Nicki was honored as a "BTI Client Service All-Star" for 2016 and was selected by the 2007-2018 editions of Chambers USA as one of the top securities litigator.

Nicki has been at the firm since 1985. Among other leadership roles, she has served as a member of the firm's Policy Committee and Board Nominating Committee and chair of the Partner Nominating Committee.

After graduating from Stanford Law School in 1984, Nicki clerked for the Honorable Anthony Kennedy of the U.S. Court of Appeals for the Ninth Circuit. Nicki has been at Wilson Sonsini Goodrich & Rosati since 1985.

SELECT CLIENTS IN SHAREHOLDER LITIGATION:

Hardware Companies:

  • A10 Networks
  • Agilent Technologies
  • Brocade Communication Systems
  • Capstone Turbine
  • Coherent
  • Juniper Networks, Inc.

Software Companies:

  • Marketo, Inc.
  • Novell
  • Rocket Fuel
  • Salesforce.com
  • Sybase
  • Veritas Software

Life Sciences Companies:

  • Guidant Corporation
  • Intrexon Corporation
  • Invuity¬†
  • Juno Therapeutics
  • Pacific Biosciences

Non-Technology Companies:

  • Bridgepoint Education
  • Landry's Seafood Restaurants
  • Strayer Education
  • U.S. Auto Parts

Please click here to view a complete list of clients.

SELECT REPRESENTATIONS REGARDING INTERNAL AND SEC INVESTIGATIONS:
  • Public networking communication company in SEC investigation regarding potential improper revenue recognition based on alleged contingent sales
  • CFO of a public company regarding alleged insider trading in which the SEC declined to pursue charges after CFO received Wells Notice
  • Public life sciences company in SEC investigation regarding potential improper revenue recognition based on alleged round-tripping of cash through related parties
  • Representation of a communications and networking company in internal investigation regarding potential FCPA violations
  • Audit Committee of a public company in internal investigation regarding potential violations of related party transaction disclosure rules
  • Audit Committee of Ixia in internal investigation regarding accounting for multi-element transactions and post-contract support transactions
  • Special Committee of Board of Directors of a public technology company in internal investigation regarding stock sales by several officers and directors
  • Audit Committee of a public company in internal investigation regarding off-label promotion of FDA-approved medication
  • Juniper Networks in SEC investigation regarding multi-year financial restatement relating to accounting for stock options. Investigation concluded with a settlement that did not include any monetary fine
  • Former CFO and CEO of a public company after the SEC enforcement staff recommended charging client with securities fraud violations. SEC concluded investigation without filing any charges
  • Critical Path in SEC investigation relating to multi-year financial restatement. Investigation concluded with a settlement that did not include any monetary penalties or fraud claims
EDUCATION:
  • J.D., Stanford Law School, 1984
    Editor, Stanford Law Review; Recipient, Frank Baker Belcher Evidence Award
  • B.A., Interdisciplinary Studies, Yale University, 1980
    With Distinction and Honors, Summa Cum Laude, Phi Beta Kappa
ASSOCIATIONS AND MEMBERSHIPS:
  • Member, American Bar Association
  • Member, Stanford Law School Board of Visitors, 2004, 2005, 2006
HONORS:
  • Honored as a "BTI Client Service All-Star" for 2016
  • Selected by the 2007-2018 editions of Chambers USA as one of the top securities litigators in the United States
  • Selected for inclusion in Northern California Super Lawyers in 2005-2018
  • Featured in the 2006-2018 editions of Best Lawyers in America
  • Named one of the nation's "Top 10 Commercial Litigation Lawyers" by U.S. Lawyer Rankings in 2007-2011 and 2014-2015
  • Selected as one of Lawdragon's "100 Lawyers You Need to Know in Securities Litigation" in 2008
  • Named one of the "Top Women Litigators" by the Daily Journal in 2007
  • Featured in InsideCounsel's "Crisis Rolodex" as one of the "Best Lawyers to Call in a Worst-Case Scenario" (White-Collar Scandal category) in April 2007
  • Selected for inclusion in the 2007 edition of The Legal 500 US
  • Featured in Lawdragon 500 New Stars, New Worlds List in 2006
  • Featured in Stanford Lawyer's cover article "Do the Right Thing" in 2003, which discusses how securities litigation has changed in recent years and how Nicki is helping clients implement systems to detect fraud and improve corporate governance practices
SELECT PUBLICATIONS:
SELECT SPEAKING ENGAGEMENTS:
  • Moderator, "Managing a True Corporate Crisis/Major Internal Investigation," Securities Enforcement Forum West, Palo Alto, CA, May 2017
  • "A Guide to Venture-Backed Board Membership: Best Practices of Private Board Members," Rock Center for Corporate Governance, Stanford University, Palo Alto, CA, April 2017
  • Moderator, "M&A Litigation and Claims Trends: Better, Worse or Just Different?" PLUS Conference, Chicago, IL, November 2016
  • Faculty, "FCPA, SEC/DOJ Joint Actions, and Other Criminal Enforcement Trends," Securities Enforcement Forum West, San Francisco, CA, May 2016
  • "A Guide to Venture-Backed Board Membership: Best Practices of Private Board Members," Rock Center for Corporate Governance, Stanford University, Palo Alto, CA, March 2016
  • Moderator, "Insider Trading, Whistleblowers, and Other 2015 Enforcement Priorities," Securities Enforcement Forum West 2015, San Francisco, CA, May 2015
  • "A Guide to Venture-Backed Board Membership: Best Practices of Private Board Members," Rock Center for Corporate Governance, Stanford University, Palo Alto, CA, March 2015
  • "Modern Litigation Strategies," Stanford Directors' College, 2012
  • "Defend Your Company, Defend Yourself," Stanford Directors' College, 2011
  • Participant, Litigation Intensive, Stanford Directors' College, 2009
ADMISSIONS:
  • State Bar of California
  • Supreme Court of California
  • U.S. District Court for the District of Arizona
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit