Corporate Investigations

• Lead counsel to a Fortune 10 company in multiple multi-year investigations, both domestically and internationally.
• Defended numerous corporate executives facing criminal charges involving corporate and personal tax matters, embezzlement, corporate and financial mismanagement, and breach of fiduciary duty. These representations have resulted in full acquittal, dismissal, or negotiated dispositions in which the client avoided incarceration and significant fines. Many of these high visibility matters received coverage in major news outlets such as The New York Times as well as regional and legal media outlets.
• Defended corporation against an investigation by the Office of the New York State Attorney General. The litigation concluded with no fine, no penalty, and no admission of wrongdoing by the client. This high profile matter received extensive coverage in over 25 media outlets, including The New York Times, USA Today and Corporate Counsel as well as numerous regional publications.
• Defended Department of Health enforcement action in a major medical facility as a result of an alleged drug diversion.
• Served as lead independent counsel to an international client in connection with a corporate financial investigation that involved multi-state investigations.

Integrity Monitorships

• Served as the federally-appointed Monitor on a multi-year matter brought by the U.S. Department of Justice and U.S. Department of Veteran Affairs over an international company with procurement compliance and regulatory issues.
• Served as lead counsel to a Fortune 50 company in a multi-year corporate independent monitor investigation which resulted in no charges being filed.

High Profile Matters Covered in National Media

• Defended a major internet-based media platform in a dispute against a national entertainment corporation.   The entertainment corporation sought to force the media platform to reveal privacy information purportedly related to a leak of copyrighted material. The entertainment corporation ultimately filed a notice of discontinuance withdrawing its subpoena request.  This high profile case was covered in leading legal and entertainment media including the NewYorkLawJournal.com.
• Defended United/Continental Airlines in a seven week trial involving an airplane crash.  The state and federal litigation arising out of this catastrophic airplane crash involved over 45 plaintiffs.
• Defended  Facebook and Mark Zuckerberg in a fraudulent breach of contract action in federal court which culminated in the court’s granting of a motion to dismiss the lawsuit.

New York State Attorney General 

• Represented a company that had retail locations across Upstate New York that was investigated and sued by the Attorney General for misleading advertising claims. We litigated this matter in New York County Supreme Court and successfully resolved the matter without any fine, penalty or  admission of wrongdoing by the client. This high profile matter received extensive coverage in over 25 media outlets, including The New York Times, USA Today and Corporate Counsel as well as numerous regional publications.
• Represented a senior executive charged with embezzling hundreds of thousands of dollars from a well-known and highly respected government institution. This matter received widespread media attention. Resolved the matter without a jail sentence.
• Represented a student in a Title IX investigation and successfully overturned the school’s administrative finding of expulsion by filing an Article 78 Proceeding in State Supreme Court.
• Successfully represented a company that was under investigation by the Inspector General’s Office and District Attorney’s Office for their handling of  MWBE requirements during a construction project. The investigation concluded with no criminal charges or civil suit being brought against our client.
• Defended energy companies under investigation by the NYS Office of the Attorney General‘s consumer fraud bureau involving allegations of violations of GBL §§349, 349-d and 350 concerning deceptive sales practices, which were resolved through negotiation and the execution of an Assurance of Discontinuance.
• Engaged as counsel in high profile matters such as both of Governor Cuomo‘s Moreland Commission investigations. The first Commission scrutinized the failures of electrical utilities after Hurricane Sandy. The second Commission was tasked with probing corruption in New York politics, including conflicts of interests, such as outside employment of legislators. In both matters, a thorough understanding of the inner workings of NYS government was essential to the representation.
• Counsel to a major financial services company in an investigation by the New York State Attorney General’s office which resulted in a favorable resolution.
• Negotiated nationally publicized settlement in 2013 with Federal Trade Commission and New York Attorney General to address antitrust concerns raised as a result of the consolidation of the only two hospitals in Utica, New York.

White Collar Crime

• Represented corporate executives, public officials and individual clients in civil, criminal and administrative investigations and prosecutions conducted by a variety of governmental agencies such as the Occupational Safety and Health Administration (OSHA), the New York State Department of Labor (DOL), the New York State Department of Environmental Conservation (DEC), the Medicaid Fraud Control Unit of the Office of the New York State Attorney General (AG), the  Office of the New York State Attorney General (AG), and the United States Attorney’s Office. Favorable results have included full acquittal, dismissal or negotiated dispositions in which the client avoided incarceration and significant fines.

Defense of Financial Institutions

• Successfully resolved aiding and abetting and fraudulent transfer claims following highly publicized three-week part bench/part jury trial brought against a large financial institution by receiver appointed in SEC enforcement action arising from $68 million Ponzi scheme targeting Haitian-American community.
• Obtained dismissal and summary judgment of aiding and abetting, negligence, and unjust enrichment claims in excess of $44 million against a large financial institution brought by Bankruptcy Trustee and class of European investors arising from massive Ponzi scheme perpetuated by “German Bernie Madoff.”
• Obtained dismissal with prejudice of Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy claims brought against a large financial institution by putative class of investors in an alleged Ponzi scheme seeking treble damages in excess of $200 million.

Lobbying Compliance and Corporate Ethics

• Defended a utility company before the Joint Commission on Public Ethics (JCOPE) alleging multiple violations of the gift ban under New York’s lobbying law; reviewed and revised the company’s policies and procedures regarding entertainment of public officials and trained  company employees on the new polices.
• Prepared written advisory opinions regarding ethical issues facing corporate boards, firms and government public officials considering entering the private sector. Issues range from conflicts of interest, disclosure and recusal mechanisms and post-employment restrictions.
• Prepare lobbying filing reports for clients to federal, state and local authorities and conduct training to company employees and executives which include real-world examples so that compliance with the regulations are fully understood.

OSHA, including Electrical, Health Care, Manufacturing, Mining Matters

• Represented a full-service electrical contractor serving New York state and surrounding regions in a variety of OSHA matters, including an investigation into a New York fatality.  OSHA citations alleging violations of general industry standards were resolved by stipulation of withdrawal.  Numerous similar violations after a worker was seriously injured were brought to a hearing before the OSHRC, resulting in dismissal of 12 of 14 serious citations.
• Represented a New York based electrical contractor in administrative litigation before the OSHRC for violations of general industry standards and a criminal prosecution in federal court for allegedly making false statements to a federal investigator in an investigation into the death of one its workers.  The OSHA violations were resolved by stipulated settlement and the felony criminal action by plea negotiations resulted in a misdemeanor disposition.
• Represented a New York regional health system in a variety of litigated matters resulting from numerous OSHA citations which were resolved by stipulated settlement or an informal settlement agreement.  Additionally, a number of whistleblower investigations were resolved by a finding of no reasonable cause or by settlement agreement.