NINA (NICKI) LOCKER

Partner
Litigation

EXPERIENCE:

Nicki Locker specializes in securities litigation. She has represented companies and their officers and directors in more than 75 shareholder class actions and derivative suits throughout the United States.

Nicki also has extensive 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.

In 2003, Stanford Lawyer featured Nicki in its cover article "Do the Right Thing," 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.

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. She previously served as a member of the firm's Policy Committee and as chair of the Nominating Committee.

SELECT CLIENTS IN SHAREHOLDER LITIGATION:

(* = multiple cases during different periods)

  • A10 Networks, Inc.
  • Actel Corporation
  • Agilent Technologies
  • Allot Communications
  • Alvarion
  • Amira Nature Foods Ltd.
  • Antigenics
  • Asante Technologies
  • Avanex Corporation
  • BackWeb Technologies Ltd.
  • Bridgepoint Education, Inc.
  • Brocade Communication Systems, Inc.*
  • Capstone Turbine Corporation
  • Catalyst Semiconductor
  • chinadotcom corporation
  • Cobalt (Sun Microsystems, Inc.)
  • Coherent, Inc.
  • Commerce One, Inc.
  • Convergent Technologies
  • CoSine Communications, Inc.
  • Critical Path, Inc.
  • Digital Impact, Inc.
  • DigitalThink, Inc.
  • E.piphany, Inc.
  • F5 Networks, Inc.
  • Gadzoox Networks, Inc.
  • Genesis Microchip
  • Guidant Corporation*
  • HealthpointCapital, LLC
  • i2 Technologies, Inc.*
  • InterTrust Technologies Corp.
  • Intraware, Inc.
  • Intrexon Corporation
  • Juniper Networks, Inc.*
  • Landry's Seafood Restaurants
  • Liberate Technologies, Inc.
  • Lipman Electronic Engineering
  • Liquid Audio, Inc.
  • Marketo, Inc.
  • McAfee.com Corporation
  • Merisel, Inc.
  • Mindspeed Technologies, Inc.
  • Mobility Electronics, Inc.
  • Network Associates, Inc.*
  • New Focus, Inc.*
  • Novell, Inc.*
  • OpenTV Corp.
  • Pacific Biosciences
  • Palm, Inc.
  • Peerless Systems Corporation
  • Portal Software, Inc.
  • QuickLogic Corporation
  • Quovadx, Inc.
  • Rocket Fuel
  • root9B Technologies, Inc.
  • Salesforce.com
  • SeeBeyond
  • Sirenza Microdevices, Inc.
  • Software Publishing
  • Strayer Education
  • Sybase*
  • Symyx Technologies, Inc.
  • TIBCO Software Inc.
  • Triton Network Systems, Inc.
  • Tut Systems, Inc.
  • Universal Access
  • U.S. Auto Parts
  • VA Software Corporation
  • Veritas Software Corporation
  • Webvan Group Inc.
SELECT REPRESENTATIONS REGARDING INTERNAL AND SEC INVESTIGATIONS:
  • 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 the 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
  • Special Review Committee of a public IT infrastructure company in internal investigation regarding stock options
  • 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.
  • Public company in SEC investigation regarding potential FCPA violations
  • Former Audit Committee chairman of public company after SEC recommended charging client with securities fraud violations. SEC concluded matter without filing any enforcement action.
  • 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.
  • Special Committees of several public companies in internal investigations regarding stock option practices, revenue recognition, and expense and reserve issues
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 2007-2016 editions of Chambers USA as one of the top securities litigators in the United States
  • Selected for inclusion in Northern California Super Lawyers in 2005-2016
  • Featured in the 2006-2017 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
SELECT PUBLICATIONS:
SELECT SPEAKING ENGAGEMENTS:
  • 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 VC-Backed Board Membership: Best Practices of Board Members," Stanford Directors' College for Venture-Backed Company Directors, March 2016
  • Moderator, "Insider Trading, Whistleblowers, and Other 2015 Enforcement Priorities," Securities Enforcement Forum West 2015, San Francisco, CA, May 2015
  • "A Guide to VC-Backed Board Membership: Best Practices of Board Members," Stanford Directors' College for Venture-Backed Company Directors, 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