Experience

• • BMO Harris Bank in a bankruptcy adversary proceeding arising out of a multibillion dollar Ponzi scheme operated by Thomas J. Petters.
  • A CEO in a seven-week criminal trial involving allegations of fraud and bribery.
  • A professional sports league in an arbitration.
  • The United States Department of Justice as a consultant in a civil rights matter involving the unlawful search and seizure practices of a U.S. city’s police department.
  • A prominent bank in a commercial dispute concerning co-branded credit cards.
  • Expert witness on New York law in an ICC arbitration.
  • Litigation strategy advice to multiple Fortune 500 companies engaged in bet-the-company litigation.
  • The Special Litigation Committee of a publicly-traded utility company that has entered into a DPA with the Department of Justice.
  • A prominent company in the health care industry in a DOJ criminal investigation into certain billing practices.
  • The head of a trading desk for a global trading and mining company in DOJ and CFTC investigations of alleged market manipulation and FCPA violations.
  • Appointed as amicus curiae in the Second and Sixth Circuits to represent the views of federal district judges in response to mandamus petitions.
  • Prominent U.S. companies, on multiple occasions, by presiding over mock trials of large commercial disputes and then providing litigation advice and strategy to their trial teams.
  • One of the world’s largest insurance companies in a breach of contract action.
  • A re-investigation, as a Special Assistant District Attorney in Westchester County, of two separate shootings of Black men by police officers.
  • A university president in civil litigation arising out of physician misconduct at the university.
  • A prominent hedge fund seeking advice regarding potential outcomes of a corporate criminal investigation, and how they might affect an investment opportunity.
  • Appointed as amicus curiae to argue against dismissal of false statement charge in United States v. Michael Flynn, and to advise court regarding potential perjury prosecution.
  • Corporate governance presentation to the Board of Directors of a major insurance company.
  • Dozens of inmates seeking relief in federal courts around the country from onerous sentences resulting from outdated mandatory sentencing provisions that were disproportionately invoked against Black men.
  • A death row inmate seeking a new trial based on explicit racial animus in jury deliberations.
  • A major New York health insurance company and its subsidiary in a qui tam suit regarding the alleged engagement of a half-billion dollar accounting fraud, obtaining a significant client victory in the form of a settlement and a complete voluntarily dismissal of the claims with prejudice.
  • McKinsey & Company in multiple bankruptcy proceedings and a civil RICO action relating to its disclosures as debtor advisor.
  • The Alavi Foundation in a civil forfeiture action, resulting in the successful reversal of adverse jury verdicts by the U.S. Court of Appeals for the Second Circuit.
  • Allergan in a successful dismissal, in the District of Massachusetts, of a qui tam complaint brought under the False Claims Act relating to the marketing of the pharmaceutical drug Namenda and in defeating nine nationwide class certifications of a putative class of third-party payors alleging violations of federal RICO statutes through fraudulent promotion of antidepressants.
  • A global pharmaceutical company in a Board presentation regarding risk management, communication with senior management, and crisis prevention.
  • Winning summary judgment for Group Health Incorporated in a putative class action arising from alleged violations of New York Insurance Law and General Business Law.
  • Expert witness in Greece on U.S. Deferred Prosecution Agreements, resulting in the acquittal of the client.
  • Successful mediation of various commercial disputes involving claims of up to more than $1 billion.
  • A multinational mining company in a civil action alleging securities fraud, resulting in a decision dismissing the complaint with prejudice.
  • Two prominent individuals (in separate cases) targeted by extortion threats, resulting in both cases in the threatening parties abandoning their efforts.
  • One of the world’s premiere law firms in a malpractice claim.
  • McKinsey & Company in multiple bankruptcy proceedings and a civil RICO action relating to its disclosures as Chapter 11 debtor advisor.
  • A multinational manufacturing company in a Deferred Prosecution Agreement and a court-appointed Monitor.
  • A multinational bank in affirmative and defensive litigation arising out of a large hotel chain’s data breach.
  • Membership on a Special Litigation Committee of a Fortune 500 company.
  • A bank officer in the government’s RMBS-related FIRREA investigation.
  • An internationally renowned law firm providing litigation advice regarding FIRREA.
  • A prominent hedge fund in its dealings with the SEC regarding fee and expense remediation issues.
  • A large insurance company in a putative class action challenging out-of-network reimbursement rates.
  • A global insurance company in replacing the senior management of a subsidiary.
  • A law firm and two of its partners in the government’s criminal and regulatory investigations of their client.
  • The United States Department of Justice as a consultant in a civil rights matter involving the use of “jailhouse informants.”
  • A leading developer of interactive entertainment in defense of claims privacy violations.
  • Two large holders of intellectual property rights as the lead arbitrator in their contract dispute.