Brett A. Shanks

Experience

CFTC-Regulated Compliance, Enforcement, and Investigations

• Brett advises market participants, financial services businesses, and emerging technology companies on navigating federal commodities regulation and responding to government scrutiny. His experience includes investigations, enforcement actions, compliance assessments, and litigation involving financial markets, predictive markets, and digital assets.
• Brett led multiple enforcement proceedings on behalf of a federal financial regulator, including precedent setting actions against a commodity futures exchange (DCM) and resolving fraud claims against a commodity pool operator (CPO) in relation to a cryptocurrency-related investment scheme involving over 150 investors.
• He conducts regulatory reviews of digital asset products and business models to assess compliance with federal commodities laws and related regulatory obligations.
• Brett also advises clients on how to best respond to government investigations, enforcement inquiries, and evolving regulatory expectations, as well as provides advice to businesses on designing practical compliance approaches that balance regulatory obligations with commercial objectives.

OSHA and Workplace Safety Defense

• Brett helps employers protect their operations and mitigate exposure in workplace safety investigations, agency inspections, citation disputes, enforcement actions, and contested administrative proceedings, including appeals before the Occupational Safety and Health Appeals Board (OSHAB) and the Federal Mine Safety and Health Review Commission. He defends clients in matters arising from OSHA, Cal/OSHA, and MSHA citations, with a focus on reducing penalties, limiting operational disruption, and securing favorable resolutions, including reductions or removal of contested citations.
• Brett also advises clients on worker safety compliance, enforcement strategy, corrective actions, and compliance enhancements that support business continuity and reduce future enforcement risk. He helps employers evaluate litigation risk and develop practical, defensible response strategies following inspections, workplace incidents, and other enforcement activity.

Environmental, Regulatory, and Complex Litigation

• Brett represents clients in high-stakes disputes involving environmental claims, regulatory issues, product liability, and commercial litigation. He combines courtroom experience with regulatory insight to develop litigation strategies that protect business objectives, limit exposure, and position clients for efficient resolution.
• His litigation practice includes environmental contamination, nuisance, wrongful death, class action, and complex product liability matters, including alleged odor contamination claims and disputes involving manufacturers with jurisdictional or international issues. Across these matters, Brett focuses on narrowing claims, managing litigation risk, and pursuing favorable outcomes, including dismissal where appropriate.

Professional & Civic Activities