Frances E. Bivens

Partner

frances.bivens@davispolk.com

Ms. Bivens is a member of Davis Polk’s Litigation Department and has experience in a broad range of high-stakes commercial litigation matters in federal and state courts and arbitrations around the country. She also has an extensive investigations practice and regularly handles matters before the SEC, including a landmark result for Morgan Stanley in a recent FCPA investigation. She has particular experience in complex litigation and many of her cases involve litigation in multiple venues and parallel regulatory proceedings.

Contact

New York
450 Lexington Avenue
New York, NY 10017
P: 212-450-4935
F: 212-701-5935

Related Practices

Bar Admissions

State of New York
U.S. Court of Appeals, Third Circuit
U.S. District Court, S.D. New York

Education

Sc.B., Electrical Engineering, Brown University, 1988
J.D., Columbia Law School, 1992
- Harlan Fiske Stone Scholar

Work Highlights

COMMERCIAL LITIGATION

Ms. Bivens regularly acts as lead counsel in contentious commercial litigation matters. Some recent representations include:

The U.S. Department of the Treasury in litigation brought by Starr International challenging the government rescue of AIG. Ms. Bivens was lead counsel for Treasury in the derivative demand process before the AIG board of directors.
Con Edison in government investigations and civil litigation arising out of Hurricane Sandy
First Wind in civil litigation and arbitration proceedings related to a dispute with Clipper Wind Power
Hyundai Heavy Industries Co., Inc. (the manufacturer of the Deepwater Horizon) in MDL class action litigation related to the oil spill in the Gulf in the Eastern District of Louisiana
A private equity firm in an AAA arbitration against a former business partner arising out of a complex banking transaction
Deloitte & Touche in a successful appeal to the Alabama Supreme Court dismissing more than a decade of litigation relating to Bruno’s
Con Edison in a mass action pending in New York Supreme Court related to a steam explosion in midtown Manhattan in the summer of 2007
Baidu, Inc. in a copyright infringement action related to MP3 downloading

Investigations

Ms. Bivens also handles internal investigations as well as SEC and FINRA investigations for a number of major clients. Some recent examples include:

Successfully representing Morgan Stanley in connection with investigations by the DOJ and SEC into FCPA violations relating to Morgan Stanley's real estate investing operations in mainland China, resulting in FCPA charges against a former Morgan Stanley employee for intentionally circumventing Morgan Stanley's anti-corruption controls; the decision not to charge Morgan Stanley was the first-ever publicly announced decision not to prosecute a company in an FCPA case based on the quality of its anticorruption program and its cooperation in the investigation
The audit committee of a large company in a SOX whistleblower investigation
A major financial institution in a FINRA investigation related to an institutional stock buy-back program, which resulted in no charges against the company

Recognition

Recognized as one of the “Top 250 Women in Litigation” by Benchmark Litigation
Named in 2011 to American Lawyer’s “45 Under 45” List of Top Women Lawyers
Identified as both a National and New York “Star” in Legal Media Group’s Benchmark Litigation
Recognized in Practical Law Company’s Which lawyer? for Dispute Resolution

Of Note

Memberships

Trustee, Federal Bar Council
Board of Directors, The Lawyers Committee for Civil Rights
Board of Directors and Fund Raising Chair, Advocates for Children
Sub-committee Chair, Professional Liability Committee of the ABA

Past Memberships

Board of Visitors, Columbia Law School
President, Columbia Law School Alumni Association

Professional History

Partner, 2001-present
Associate, Davis Polk, 1995-2001
Associate, Morrison & Foerster (New York), 1992-1993

Law Clerk, Hon. James L. Oakes, U.S. Court of Appeals, Second Circuit 1994-1995
Law Clerk, Hon. Jack B. Weinstein, U.S. District Court, E.D. New York 1993-1994

News

Davis Polk Ends Decade-Long Securities Fraud Battle for Deloitte

Davis Polk Secures Pro Bono Victory in Workers’ Rights Case

Benchmark Litigation Recognizes 21 Davis Polk Lawyers and Names the Firm Among the Best in the Nation in Three Practices

Client Publications

DOJ and SEC Issue FCPA Guidance
Client Memorandum

Last Name
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Offices ALL OFFICES Beijing Hong Kong London Madrid Menlo Park New York Paris São Paulo Tokyo Washington DC
Practices ALL PRACTICES Anti-Corruption and Foreign Corrupt Practices Act Antitrust and Competition -- Litigation Asia Practice Bankruptcy Litigation Board of Directors Litigation and Strategic Counseling Capital Markets China Practice Commercial Dispute and Contract Compliance and Advisory Congressional Investigations Consumer Class Actions Consumer Products Corporate Corporate Governance Credit Derivatives and Structured Products Economic Sanctions and National Security Energy/Utilities Environmental Europe Practice Executive Compensation Financial Crisis Litigation Financial Institutions Health Care Health Care/Life Sciences Litigation Hedge Funds India Practice Insolvency and Restructuring Intellectual Property Intellectual Property Litigation Internal Investigations International International and Domestic Arbitration Investment Funds Litigation and Investigations Investment Management Japan Practice Leveraged Finance Litigation M&A-Related Litigation Mass Torts and Products Liability Media and Telecom Mergers and Acquisitions Private Equity Professional Liability Project Finance Real Estate Securities Enforcement Securities Litigation Spain and Latin America Practice Tax Tax Controversy Technology Trading and Markets Trusts and Estates White Collar Criminal Defense
Law School ALL SCHOOLS American University, Washington College of Law Beijing Foreign Studies University Benjamin N. Cardozo School of Law Bond University Faculty of Law Bordeaux University Boston University School of Law BPP Law School Brigham Young University, J. Reuben Clark Law School Brooklyn Law School Campus Law Centre, Delhi University Chicago-Kent College of Law - I.I.T. China University of Political Science and Law City University of Hong Kong Columbia Law School Cornell Law School Duke University School of Law Ecole de formation des Barreaux (EFB-Paris) Emory University School of Law Fordham University School of Law Frankfurt University, Institute for Law and Finance Fudan University Law School George Washington University Law School Georgetown University Law Center Ghent University Faculty of Law Harvard Law School Hofstra University School of Law Howard University School of Law Institut d'Études Politiques de Paris (Sciences Po) Karl-Franzens-Universität Graz, Faculty of Law King's College London School of Law King's College, University of London Leiden University London School of Economics London School of Economics and Political Science McGill University, Faculty of Law Murdoch University School of Law National Taiwan University (NTU Law) National University of Singapore Faculty of Law New York University School of Law Northwestern University School of Law Nottingham Law School Oberlandesgericht Koln Osgoode Hall Law School of York University Oxford Institute of Legal Practice Peking University Pontificia Universidade Católica de São Paulo Faculdade Paulista de Direito Queensland University of Technology Renmin University of China Renmin University of China Law School Ruhr-Universität Bochum, Die Juristiche Fakultät Rutgers University School of Law - Camden Rutgers University School of Law - Newark School of Oriental & African Studies, University of London Seton Hall University School of Law Shanghai Institute of Foreign Trade Shanghai University of Finance and Economics Sichuan University Southern Methodist University School of Law St. John's University School of Law Stanford Law School SUNY Buffalo Law School Tel Aviv University Transnational Law and Business University Trinity College, Dublin School of Law Trinity College, University of Cambridge Tsinghua University Tsinghua University, School of Law UC Berkeley - Boalt Hall School of Law UC Hastings College of the Law UCLA School of Law Universidad Carlos III de Madrid School of Social Sciences and Law Universidad Católica Argentina (Buenos Aires), Facultad de Derecho Universidad de Buenos Aires Universidad de Deusto Universität Zu Köln Université de Strasbourg - Faculté de Droit, Sciences Economiques et Gestion Université Jean Moulin Lyon 3 - Faculté de droit Université Nancy II - Faculté de Droit, Sciences Economiques et Gestion Université Paris I Panthéon-Sorbonne Université Paris II Panthéon-Assas Université Paris II Panthéon-Assas Université Paris-Sud XI University at Buffalo Law School - SUNY University College London, Faculty of Laws University of Bristol School of Law University of British Columbia Faculty of Law University of Cambridge University of Cambridge, Faculty of Law University of Cape Town University of Cape Town, Faculty of Law University of Chicago Law School University of Cologne University of Connecticut School of Law University of Delhi Faculty of Law University of East Anglia University of Edinburgh School of Law University of Florida College of Law University of Georgia School of Law University of Groningen University of Helsinki, Faculty of Law University of Hong Kong University of Hong Kong, Faculty of Law University of Illinois College of Law University of International Business & Economics University of Ljubljana, Faculty of Law University of London University of Melbourne University of Melbourne Law School University of Miami School of Law University of Michigan University of Michigan Law School University of Minnesota Law School University of Munich, Faculty of Law University of Murcia University of Naples Federico II School of Law University of Natal, School of Law University of New South Wales University of North Carolina University of Notre Dame Law School University of Otago, Faculty of Law University of Oxford University of Pennsylvania Law School University of Pittsburgh School of Law University of Queensland University of Queensland, TC Beirne School of Law University of San Diego School of Law University of South Carolina School of Law University of St. Gallen University of Stellenbosch, Faculty of Law University of Sydney Law School University of Tel Aviv, The Buchmann Faculty of Law University of Texas School of Law University of the West of England, Bristol University of the Witwatersrand, Oliver Schreiner School of Law University of Tokyo, Faculty of Law University of Toronto, Faculty of Law University of Utah S.J. Quinney College of Law University of Virginia University of Virginia School of Law University of Warsaw, Faculty of Law and Administration University of Warwick University of Washington School of Law (Seattle) University of Western Australia University of Western Australia, Faculty of Law University of Western Ontario University of Wisconsin Law School Vanderbilt University Law School Wake Forest University School of Law Washington & Lee University School of Law Washington University in St. Louis School of Law Wayne State University Law School Yale Law School
Clerkship ALL CLERKSHIPS Amon, Carol Bagley Aspen, Marvin E. Bates, John D. Becker, Edward R. Beezer, Robert Berman, Richard Bernstein, Stuart M. Bianco, Joseph F. Binnie, Ian Block, Frederic Boggs, Danny J. Bork, Robert H. Boyle, Terrence Breitel, Charles D. Breyer, Stephen G. Brody, Morton A. Brown, Janice Rogers Buchwald, Naomi Reice Byrne, Jr., William Matthew Cabranes, José A. Cacheris, James C. Caffrey, Andrew A. Callinan, Ian Cardamone, Richard J. Casey, Richard Conway Castel, P. Kevin Cedarbaum, Miriam Goldman Chin, Denny Clark, Thomas A. Coffey, John L. Colloton, Steven M. Conboy, Kenneth Conner, William C. Cote, Denise Cyr, Conrad K. Drain, Robert D. Duffy, Kevin Thomas Edelstein, David N. Feinberg, Wilfred Fisher, Raymond C. Flannery, Thomas A. Gagliardi, Lee P Garaufis, Nicholas G. Garibaldi, Marie L. Ginsburg, Douglas H. Ginsburg, Ruth Bader Glasser, I. Leo Goettel, Gerard L. Goodwin, Alfred T. Gorenstein, Gabriel W. Greenberg, Morton I. Gregory, Roger L. Griesa, Thomas P. Grunis, Asher Guilford, Andrew J. Haight, Jr., Charles S. Hall, Janet C. Hays, Paul R. Henry, Robert H. Herndon, David R. Hornby, D. Brock Hurley, Denis R. Imber, Annabelle Clinton Irenas, Joseph E. Irizarry, Dora L. Jacobs, Dennis Jordan, Kent A. Judges' Chambers, Senior Kaplan, Lewis A. Karas, Kenneth M. Katzmann, Robert A. Kaufman, Chief Judge, Irving R. Kearse, Amalya L. Keeley, Irene M. Kelly, Jr., Paul J. Kennedy Jr., Henry H. Kennedy, Anthony M. Kennedy, Cornelia G. King, Carolyn Koeltl, John G. Korman, Edward R. Kravitch, Phyllis A. Laster, Travis Leaphart, W. William Lechner, Jr., Alfred J. Legg, Benson E. Leisure, Peter K. Leon, Richard J. Letts, J. Spencer Leval, Pierre N. Lew, Ronald S.W. Lipez, Kermit V. Lumbard, J. Edward Marshall, Thurgood Martone, Frederick J. Matsumoto, Kiyo A. Matthes, M.C. Mauskopf, Roslynn R. McLaughlin, Mary A. McMahon, Colleen Mosman, Michael Motz, J. Frederick Mukasey, Michael B. Murphy, Diana E. Nelson, David A. Newman, Jon O. Nickerson, Eugene Oakes, James L. O'Scannlian, Diarmuid F. Otis, Louise Parker, Barrington D. Patterson, Jr., Robert Pauley III, William H. Pitman, Henry B. Platt, Thomas C. Pogue, Donald C. Pooler, Rosemary S. Prado, Edward C. Raggi, Reena Rehnquist, William H. Robreno, Eduardo C. Roth, Jane R. Sand, Leonard B. Scalia, Antonin Scheindlin, Shira A. Seitz, Collins J. Sifton, Charles P. Silberman, Laurence Silberman, Laurence H. Smith, Jerry E. Snow, G. Murray Sprizzo, John E. Stahl, Norman H. Stanton, Louis L. Stotler, Alicemarie H. Straub, Chester J. Sullivan, Richard J. Thompson, David Townes, Sandra L. Trager, David G. Van Dusen, Francis L. Vance, Sarah Wallace, J. Clifford Walls, William H. Webster, William H. Weinfeld, Edward Weinstein, Jack B. Wellford, Harry W. Wesley, Richard C. White, Byron R. Widener, Jr., H.E. Wiener, Jr., Jacques L. Wilbur, Richard C. Williams, Richard L. Wilson, Charles R. Wisdom, John Minor Wolf, Mark L. Wollman, Roger Wright, Caleb M. Young, William G. ALL COURTS Delaware Court of Chancery District of Columbia Court of Appeals High Court of Australia Montana Supreme Court New Jersey Supreme Court New York Court of Appeals Quebec Court of Appeals Supreme Court of Arkansas Supreme Court of Canada Supreme Court of Israel U.S. Bankruptcy Court, S.D. New York U.S. Court of Appeals, D.C. Circuit U.S. Court of Appeals, Eighth Circuit U.S. Court of Appeals, Eleventh Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, First Circuit U.S. Court of Appeals, Fourth Circuit U.S. Court of Appeals, Ninth Circuit U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Seventh Circuit U.S. Court of Appeals, Sixth Circuit U.S. Court of Appeals, Tenth Circuit U.S. Court of Appeals, Third Circuit U.S. Court of International Trade U.S. District Court, Arizona U.S. District Court, C.D. California U.S. District Court, Connecticut U.S. District Court, Delaware U.S. District Court, District of Columbia U.S. District Court, E.D. Louisiana U.S. District Court, E.D. New York U.S. District Court, E.D. North Carolina U.S. District Court, E.D. Pennsylvania U.S. District Court, E.D. Virginia U.S. District Court, Maine U.S. District Court, Maryland U.S. District Court, Massachusetts U.S. District Court, N.D. Illinois U.S. District Court, N.D. West Virginia U.S. District Court, New Jersey U.S. District Court, Oregon U.S. District Court, S.D. Illinois U.S. District Court, S.D. New York U.S. Supreme Court U.S. Tax Court