Alain Leibman Partner

Transcription

1 Alain Leibman Partner Princeton, NJ Tel: Fax: Alain focuses his practice on litigation and white-collar compliance and defense. He has represented companies and individuals in a wide array of civil litigation in both federal and state courts, including defense of RICO lawsuits and the prosecution of copyright and trademark infringement cases. As a criminal defense attorney, Alain has developed particular knowledge in criminal tax defense and trade secret theft, and has successfully represented numerous individuals accused of domestic tax evasion or of maintaining undisclosed, foreign bank and trading accounts. As part of his business litigation practice, Alain has: Obtained dismissal of civil predatory lending complaint against mortgage bank, with prejudice and without discovery Persuaded a vendor to dismiss a federal RICO lawsuit against a New Jersey municipality without even need for a court ruling Obtained dismissal of an administrative whistleblower complaint filed under Dodd-Frank against a financial institution client Persuaded a class of borrowers to drop their RESPA lawsuit against his mortgage banking client, without need for motion practice and expensive discovery Secured immediate injunctive relief to stop the infringement of a national licensing examination on behalf of a well-known, worldwide professional test-development and test-administration organization Obtained an injunction against a municipal tax lien and tax certificate sale Persuaded a federal court to dismiss a RICO, RESPA and consumer fraud class action brought against a national mortgage banker without the plaintiffs' lawyers ever taking any discovery or advancing beyond the filing of their complaint Represented dozens of auto dealers in a massive consumer fraud class action with tens of millions of dollars at stake Defended a real estate developer in an environmental action brought by an anti-development community organization Successfully defended attorneys and other professionals in disciplinary proceedings Successfully represented the owners of a New Jersey horse racing track in an action to recover a sale premium from the buyer

2 Handled FINRA arbitrations in investment bank disputes Represented real estate developers in a lawsuit against a municipality that had wrongfully limited development rights As a much-decorated former Assistant U.S. Attorney, Alain's criminal defense practice has included: Obtained the dismissal prior to trial of all criminal trade-secret theft charges brought against a scientist employed by pharmaceutical giant Eli Lilly and Company, resulting in the complete vindication of the client Representation of a lawyer in a RICO case brought against a law firm and several of its partners Avoiding the prosecution of health care providers alleged to have committed Medicare and Medicaid fraud Defense of a CEO charged with insider trading Securing the dismissal of an indictment against an attorney charged with the unlawful practice of law Averting the indictment of doctors, lawyers, title company owners, financial advisors and others who were targets of government investigations Before Fox Rothschild Prior to joining the firm, Alain was a partner with Stern & Kilcullen, LLC. From 1988 to 2004, Alain was an Assistant U.S. Attorney for the District of New Jersey. He was a Deputy Chief and held the position of Senior Litigation Counsel. While with the Department of Justice, Alain received numerous awards, including Special Commendations awarded by the U.S. Department of Justice, the Defense Department, FBI, IRS and Postal Inspection Service. He was also a multiple nominee for the U.S. Department of Justice Director's Award and was named Prosecutor of the Year by an umbrella federal law enforcement organization. Beyond Fox Rothschild Alain has been active in his community, most recently heading a citizens committee that reports to the local Board of Education on curriculum changes intended to increase minority student achievement. Honors & Awards Included on a list of Who s Who Legal in the area of Investigations Law (2014) Martindale Hubbell "AV Preeminent " rated Included on a list of "New Jersey's Best Lawyers" in the area of Criminal Defense: White Collar (2011) Included on a list of the Best Lawyers in America, White Collar Criminal Defense ( ) Included on a list of "Super Lawyers" by New Jersey Monthly Magazine and Law & Politics Magazine for Criminal Defense: White Collar ( ) Named among the "Corporate Counsel Super Lawyers" in the area of Criminal Defense: White Collar (2010) Practice Areas Litigation White-Collar Criminal Defense & Regulatory Compliance Health Law Federal Government Contracts & Procurement Animal Law

3 China Bar Admissions New Jersey Court Admissions U.S. Court of Appeals, Third Circuit U.S. District Court, District of New Jersey U.S. District Court, Southern District of New York U.S. District Court, Eastern District of New York U.S. District Court, District of Colorado U.S. Tax Court U.S. Court of Appeals, Second Circuit Education New York University School of Law (J.D., 1982) Columbia College (B.A., 1979) Memberships Association of the Federal Bar of the District of New Jersey Association of Criminal Defense Lawyers of New Jersey BNA's Criminal Law Reporter, Advisory Board ABA Business Law Section, White Collar Crime Committee Publications March 18, 2015 Does Your Third Circuit Judge Vote as a Conservative, Moderate, or Liberal? January 30, 2015 Third Circuit Opinion Cites Alain Leibman s Fox WC Blog Entry December 22, 2014 Alain Leibman and Fox Rothschild Acknowledged for Veterans Assistance December 8, 2014 Fox Rothschild Obtains Complete Dismissal of Federal Trade Secret Theft Case November 27, 2014 Attorney-Client Privilege Precludes Counsel, Following Discharge by Client, from Testifying to Defendant s Understanding of and Agreement to Plea Terms

4 October 20, 2014 DOJ Change On Waiver-Of-Appeal Policies Isn't Enough Law360 September 18, 2014 Third Circuit Holds That Breach of Agreement Not To Appeal Justifies Government s Withdrawal of 5K Motion July 25, 2014 FBI Agent Cannot Testify as Human Lie Detector, Opining On Defendant s Truthfulness June 30, 2014 Defendant Who Goes to Trial and Loses Properly Receives Higher Loss Calculation June 27, 2014 Cellphones Are Not Cigarette Packs, and Supreme Court Holds the Former Are Not Subject to Warrantless Search Incident to Arrest May 27, 2014 Government Cannot Punish Defendant Who Dares Present Sentencing Argument by Withholding Acceptance of Responsibility Reduction May 27, 2014 Economic Downturn May Reduce Loss Amount Under Frauds Guideline Section April 4, 2014 Third Circuit Endorses Use of In Camera, Ex Parte Witness Interview by Judge To Determine Whether Crime- Fraud Exception Justifies Compelling Attorney To Disclose Privileged Conversation February 14, 2014 Witness Affidavit Submitted Years Earlier in Administrative Immigration Proceeding Cannot Be Admitted in Subsequent Criminal Trial November 27, 2013 Sentencing Judge May Require Defendant To Allocute Under Oath October 1, 2013 Third Circuit Constricts Rule 404(b) Admissibility by Requiring That Evidence Not Only Be Offered for a Permissible Purpose, But That It Not Give Rise to a Propensity Inference September 27, 2013

5 Gun-Possession Conviction Reversed Because Police Officers Testified To Hearsay Contents of 911 Call Identifying Suspect Resembling Defendant, Going Beyond Permissible Background Evidence September 26, 2013 Confrontation Clause Permits Agent To Testify as Expert on Use of Drug Couriers Based On His Experience and Training September 26, 2013 Defendant s Silence After Being Given Miranda Warnings Cannot Be Used To Impeach Him, But His Stated Explanation for Remaining Silent Can August 23, 2013 GPS Tracking Reports Not Subject to Confrontation Clause Requirements August 22, 2013 Setting Stage for Supreme Court Review, First Circuit Categorically Bars Cellphone Data Searches Incident to Arrest, Contrary to Other Courts of Appeal July 8, 2013 Pharmacy Drug-Purchase Logs Admissible Through Police Officer Without Violating Confrontation Clause Because They Are Non-Testimonial Business Records June 27, 2013 Seventh Circuit Criticizes the Utter Vagueness of the Guidelines Criteria for Determining Organizer/Leader Enhancements May 23, 2013 Eighth Circuit Limits Safe Harbor Allowing Securities Fraud Violators To Avoid Jail if They Have No Knowledge of Pertinent SEC Rule To Those Who Prove Lack of Knowledge of Rule s Substance May 17, 2013 Defendant Bears Burden of Proving Conspiracy Withdrawal Even When Withdrawal Date Implicates Statute of Limitations Defense on Which Government Normally Bears Burden September 13, 2012 Allowing Deliberating Jurors To Read Indictment At Home Law360 March 14, 2012 Attacking Eyewitness Identification Testimony

6 Criminal Law Reporter Winter 2012 Ten Lawyers Look at a Story Ripped from the Headlines Litigation September 28, 2011 Everything Old Is New Again in Confrontation Clause Analysis Criminal Law Reporter April 20, 2011 The 'Inextricably Intertwined' Doctrine: No Longer a Reliable Prosecutorial Standby? Criminal Law Reporter March 2, 2011 Computer Search and Seizure Under the Fourth Amendment: The Dilemma of Applying Old-Age Principles to New-Age Technology Criminal Law Reporter January 18, 2011 Evidence Derived From Violation of Attorney-Client Privilege Not Subject to Kastigar Taint Hearing or to Suppression Under Fruit-of-the-Poisonous Tree Doctrine Criminaldefenselawyer.com January 13, 2011 Inextricably Intertwined Misconduct Narrative Glue or Prosecutive End-Run Around Rule 404(b)? Criminaldefenselawyer.com November 8, 2010 Corporation s Attorney-Client Privilege Extends to Counsel s Communications with Functional Employees Outside the Company The Business Lawyer Spring 2009 Fourth Amendment Protection for Electronic Privacy in the Workplace American Bar Association Criminal Justice Section - White Collar Crime Committee Newsletter Events 2016 New Jersey State & Federal Criminal Law Updates - Hot Topics & Emerging Issues in the Criminal Practice October 29, 2016 at 12:30pm 1:30pm Mayfair Farms Hosted by: Association of Criminal Defense Lawyers of New Jersey: Super Saturday Seminar American Bar Association Business Law Section Spring Meeting March 22, 2012 Caesars Palace Hosted by: American Bar Association Business Law Section

7 American Bar Association Business Law Section Spring Meeting April 14, 2011 Marriott Copley Place Hosted by: American Bar Association News August 15, Fox Attorneys Recognized by Best Lawyers 2019 October 1, 2017 Raising the Bar to Help Veterans New Jersey Lawyer August 15, 2017 More Than 100 Fox Attorneys Named Best Lawyers for 2018 June 7, 2017 NJ High Court Limits State's Subpoena Power in FCA Action Law360 December 9, 2016 Slain Retired NYPD Lieutenant's Family Wants Answers Asbury Park Press September 25, 2016 Bridgegate Trial: Christie Taking Heat from Defense, Prosecution USA Today September 7, 2016 Fox Releases National Survey on Cannabis Laws and Regulations Ganjapreneur August 15, Fox Attorneys Named 'Best Lawyers' for 2017 July 28, 2016 Ex-Art Curator Busted for Evading Taxes on $3.5m Inheritance New York Post July 28, 2016 Manhattan Art Consultant Used Swiss Bank Account to Avoid Paying Millions in Taxes on 'Secret Inheritance from Her Father' New York Daily News March 28, 2016 NJ Court Limits AG's Subpoena Power in Qui Tam Cases

8 New Jersey Law Journal October 8, 2015 After Hours: Fox Rothschild Staff Join Corporate Classic 5K Run New Jersey Law Journal August 19, Fox Attorneys Named Best Lawyers for 2016 June 17, 2015 Venue Unlikely To Impact Menendez Case, Observers Say New Jersey Law Journal May 19, 2015 Group s RICO Suit Against City Withdrawn Cape May County Herald March 31, 2015 Point Break Drops Federal Racketeering Suit Against Wildwood Officials Shore News Today March 20, 2015 Feds Probe Christie's Alleged Retaliation Against Jersey City Mayor New Jersey Law Journal February 3, 2015 Third Circuit Holds That Breach Of Agreement Not To Appeal Justifies Government s Withdrawal Of 5K Motion December 20, 2014 Fox Rothschild Program Provides Free Legal Help to Veterans My Central Jersey December 17, 2014 Lilly Trade Secrets Case Dismissed for Lack of Evidence, Chinese-born Employees Released BioWorld Asia December 17, 2014 Fox Rothschild Wins Dismissal of All Charges in High-Profile Pharmaceutical Trade Secrets Case December 8, 2014 Wire Fraud Charges Against Former Lilly Scientists are Dismissed Wall Street Journal Pharmalot December 5, 2014 Charges Dropped Against Eli Lilly Scientists Accused of Selling Trade Secrets Wish TV December 5, 2014 Feds Dismiss Charges against Former Eli Lilly Scientists Accused of Stealing Trade Secrets Indy Star

9 December 5, 2014 Feds Drop Case against Former Lilly Scientists Accused of Stealing Secrets Indianapolis Business Journal November 6, 2014 Fox s New Jersey Attorneys Provide Pro Bono Services to Lyons VA Clinic August 18, Fox Attorneys Named to 2015 Best Lawyers in America Guide June 24, 2014 Fox Team Participates in the Educational Testing Service s Firecracker 5K February 14, 2014 NJ Pol s Secret Code Bolstered Evidence in Corruption Trial Law360 January 27, 2014 Supreme Court May Soon Set Fourth Amendment Precedent for Mobile Technology The Lexblog Network January 13, 2014 N.J. Gov. Fires Aide Involved in Bridge Scandal as U.S. Probe Begins New Jersey Law Journal September 16, Fox Attorneys Named Best Lawyers for 2014 June 4, 2012 Good Reads Corporate Counsel Daily Alert May 16, 2012 Research on Eyewitness Identifications Prompts Another Look at Jury Instructions Bloomberg BNA Criminal Law Reporter May 9, 2011 A Ruined Life, and a Plea for Mercy Dow Jones Newswires March 30, 2011 Pattern of Brady Violations Required To Hold Prosecutor s Office Liable for Failure To Train BNA Criminal Law Reporter April 8, 2010 Should Law Enforcement Trump Individual Rights? The Legal Eagle

10 December 14, 2007 Alain Leibman, Litigation/Criminal Defense Attorney, Joins Fox Rothschild s Princeton Office