- American Indian Law
- Business Disputes
- Creditors' Rights
- Executive Termination & Benefits
- False Claims Act
- Financial Services
- Food & Drug
- Health Care
- Intellectual Property
- Internal Investigations
- American Indian Law
- Congressional Investigations
- Criminal Defense
- Export Control
- False Claims Act
- Financial Services
- Food & Drug
- Foreign Corrupt Practices Act (FCPA)
- Health Care
- Intellectual Property
- Internal Investigations
Zuckerman Spaeder was founded in Washington, DC, in 1975. Attorneys at the firm's Washington office include former prosecutors, public defenders, federal regulators, congressional staffers, and law clerks in state and federal courts.
Many of our DC attorneys are current or former professors at area law schools, including Georgetown University Law Center, The George Washington University Law School, American University School of Law, and Columbus School of Law at Catholic University.
Our attorneys have been featured in local and national media, and they have been named among the region’s top lawyers in publications such as The National Law Journal, Washingtonian magazine, and Washington Business Journal.
- Jason B. Acton
- Carlos Angulo
- Laura J. Barta
- Dwight P. Bostwick
- Blair G. Brown
- Graeme W. Bush
- Andrew Caridas
- R. Miles Clark
- Jay T. Cohen
- Roberta F. Colton
- Rachel F. Cotton
- Eric R. Delinsky
- Catherine S. Duval
- Nina J. Falvello
- Jon R. Fetterolf
- Mark W. Foster
- Adam L. Fotiades
- Kimberly Gainey
- Andrew N. Goldfarb
- Bruce Goldstein
- Scott A. Hanna
- Steven N. Herman
- Paul B. Hynes, Jr.
- Laura E. Jones Eller
- Paula M. Junghans
- Jason M. Knott
- Peter R. Kolker
- Carl S. Kravitz
- Benjamin Krein
- Jeremy S. Kreisberg
- Dermot W. Lynch
- Caroline Judge Mehta
- Alexandra W. Miller
- Margarita K. O’Donnell Morales
- David A. Reiser
- Kurt M. Reiser
- Caroline E. Reynolds
- Steven Salky
- William B. Schultz
- Julie S. Selesnick
- Eleanor H. Smith
- Michael R. Smith
- Roger C. Spaeder
- William W. Taylor, III
- Marshall S. Wolff
- David Wong
- Roger E. Zuckerman
- 30 Zuckerman Spaeder LLP Attorneys Recognized in 2017 Edition of The Best Lawyers in America; Three Partners Named "Lawyers of the Year"August 15, 2016
- May 23, 2016
- February 2, 2016
- January 13, 2016
- November 2, 2015
Mentioned & Quoted
- May 9, 2016The American Lawyerhttp://www.americanlawyer.com/printerfriendly/id=1202757200289#ixzz48G3S2NCk
- May 9, 2016Reutershttp://blogs.reuters.com/alison-frankel/2016/05/09/lawyers-remain-deeply-skeptical-of-non-lawyers-investing-in-law-firms/
- January 10, 2016The Washington Post
- December 14, 2015WAMUhttps://wamu.org/news/15/12/14/why_did_70000_washingtonians_ignore_their_jury_summons_last_year
- December 1, 2015Washingtonianhttp://www.washingtonian.com/packages/politics-personalities/top-lawyers-2013-2014/index.php
- September 7, 2016
- November 19, 2015
601 F St NW
Washington, DC 20004
- What You Don't Know Can Hurt You (And Your Managing Partner Too): Mistakes That You Don't Know You're MakingMay 6, 2015
1800 M Street, NW
North Tower | Suite 1000
- January 29-30, 2015
New Orleans, LA
- October 31, 2014
Please consult the map below for directions to our Washington, DC office:
Below are some resources we thought you would find helpful while visiting our Washington, D.C. office.
Suggested Local Hotels:
Renaissance Mayflower Hotel
1127 Connecticut Avenue, NW
Washington, DC 20036
Beacon Hotel & Corporate Quarters
1615 Rhode Island Avenue, NW
Washington, DC 20036
Toll Free: 800.821.4367
1733 N Street, NW
Washington, DC 20036
Toll Free: 800.775.1202
2121 P Street, NW
Washington, DC 20037
Toll Free: 877.866.3070
Willard Intercontinental Hotel
1401 Pennsylvania Avenue, NW
Washington, DC 20004-1010
Suggested Local Restaurants:
Two blocks from the office
American Steakhouse, reservation recommended
1225 19th Street, NW
Washington, DC 20036
Three blocks from the office
Great Southern food, reservation recommended
1990 M St. NW
Washington, DC 20036
Morton's of Chicago, Washington, DC
Steakhouse open for lunch and dinner
1050 Connecticut Avenue, NW
Washington, DC 20036
Two blocks from the office
Authentic and delicious Thai food
1200 19th St NW
Washington, DC 20036
Cosi - Dupont South
Three blocks from the office
1350 Connecticut Ave. NW
Washington, DC 20036
Starbucks Coffee Company - Dupont Circle South
1301 Connecticut Ave NW
Washington, DC 20036
- $10 Million Settlement with OxyContin Manufacturer on Behalf of State
Represented a state in one of the first cases against the makers of OxyContin, helping to secure a $10 million settlement just prior to jury selection.
The firm served as class counsel to more than 48,000 consumers in a suit against a health insurer and its agent for fraudulently selling limited benefit health insurance policies bundled with memberships in a physician and hospital discount network as being as good or better than major medical coverage. The policies left consumers exposed to large bills or no treatment. The case settled in 2012 for more than $40 million, plus significant governance changes designed to prevent the allegedly fraudulent sales practices.
- $5.3 Million Jury Verdict for Ousted Online Banking CEO
The firm brought a number of claims on behalf of the former CEO of a pioneering online banking company who had been forced out by a large investor. After an 11-day trial, our client was awarded a verdict of $5.3 million. The case was recognized by Virginia Lawyers Weekly as one of “Virginia’s Largest Verdicts of 2011.”
- $72.5 Million Settlement for Individuals Who Settled Personal Injury Cases with The Hartford
We represented a class of people who settled personal injury cases with The Hartford Financial Services Group, Inc., where some or all of the settlement was paid with a structured settlement. The class alleged that, in violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act, the Hartford had secretly skimmed 15 percent of the settlement values for itself by purchasing the structured settlement annuity from its own life insurance subsidiary. After we obtained class certification, the case settled in 2010 for $72.5 million.
- 2009 Law Firm Merger
Represented law firm in its 2009 merger with a larger firm. With Zuckerman Spaeder’s assistance, our client was able to finalize the merger in approximately one month, and secured positions at the new firm for all of its partners and associates.
- 26 Counts Dismissed Against Former Executive Charged with Attempting to Manipulate and Corner the Propane Market
Represented a former vice president of an international energy corporation, whose duties included supervision of the natural gas liquids commodities trading bench. The client was the highest-ranking employee charged by the DOJ with attempting to manipulate and corner the propane market. The case was only the second effort by the DOJ to prosecute traders for manipulation and cornering under the Commodities and Exchange Act, allegations that traditionally have been resolved administratively by the U.S. Commodity Futures Trading Commission. In September 2009, the court dismissed all 26 counts against our client and his co-defendants.
- Accountant in Injunction Proceeding Against the DOJ Tax Division
We represented an accountant who was accused of providing fraudulent tax advice by counseling his clients on how to reduce their federal tax liabilities. The government filed an injunction proceeding to forbid the client, his son, and his companies from preparing tax returns—a move that would effectively have destroyed his business and livelihood. After an evidentiary hearing, the court denied the government’s motion for a preliminary injunction. Of the more than 400 similar injunction actions brought by the Tax Division of the U.S. Department of Justice in the last several years, this is one of a very few in which the return preparer prevailed.
- Accountant Seeking Tort Claims Against Former Employer After Being Kidnapped and Tortured Working Abroad
In 2008, Zuckerman Spaeder employees prevailed on behalf of plaintiff Azhar Khan’s rights to pursue his tort claims against his employer in court despite an employment arbitration clause, successfully arguing that he could not be compelled to arbitrate pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
- Acquittal for Former President of the Salt Lake City Olympic Committee After Five Week Trial
The firm successfully defended the former president of the Salt Lake City Olympic Committee against federal fraud and bribery charges arising out of the competition for the 2002 Winter Games. Following a five-week trial, the client was acquitted of all charges.
- Advised Foreign Food Manufacturer Regarding U.S. Regulatory and Importation Requirements
In 2013, Zuckerman Spaeder provided regulatory advice to a foreign food manufacturer regarding FDA regulatory and U.S. food importation requirements.
- Advised Media Company on OFAC Export Control Laws Governing Trade with Iran
Zuckerman Spaeder advised a New York-based media company on the Office of Foreign Asset’s Control (OFAC) export control laws relevant to the company’s distribution of media content in Iran.
- American Expatriate in IRS Case Involving Income from Foreign Trust
We represented an American citizen resident in a European country who was alleged by the IRS to be taxable on substantial amounts of “imputed” income from a foreign trust, and to be liable for the tax on that income, as well as a 75 percent civil fraud penalty. After considering our arguments that the IRS lacked an evidentiary foundation for its position and could not prevail at trial, the IRS conceded the case in full.
- AmLaw 100 Firm Responding to Grand Jury Subpoenas in Tax Shelter Investigation
Represented a law firm in responding to subpoenas and notification that three of its attorneys were the subjects of a grand jury investigation in a tax shelter investigation in the Southern District of New York. The matter was closed without any adverse action for the firm or its attorneys.
- AmLaw 100 Firm Responding to Grand Jury Subpoenas in Tax Shelter Investigation
The firm represented a law firm in responding to subpoenas and a notification that three of its attorneys were the subjects of a grand jury investigation in a tax shelter investigation. The matter was closed without the government taking any adverse action against the firm or its attorneys.
- AmLaw 100 Firm Subpoenaed in Federal Grand Jury Investigation of Former Clients
Represented an AmLaw 100 firm in responding to and litigating issues arising from subpoenas for documents and testimony issued to the firm and one of its partners. The litigation involved crime-fraud and work-product issues in connection with a federal grand jury investigation of two of the firm’s former clients. The court sustained most of the work-product privileges claimed on behalf of the firm, and the decision was affirmed by the Fifth Circuit. We continue to represent the firm and the same partner in connection with testimony in a follow-on SEC civil enforcement suit brought against the clients.
- AmLaw 20 Firm in Litigation and Arbitration Claims by Departed Partner
Represented a large law firm in connection with litigation and arbitration of claims made by a departed partner of the firm. The matters involve partnership and ethics issues, age discrimination, and the right of the law firm to arbitrate the claims of the departed partner.
- Antitrust Internal Investigation for Public Company
After FBI agents executed a search warrant at the headquarters of a public company and grand jury subpoenas were served on the company and a number of its executives, its board of directors convened a special committee. The committee retained Zuckerman Spaeder to conduct an internal investigation into possible criminal antitrust violations. After concluding our investigation, we reported to the committee.
- Bank President in Grand Jury and SEC Investigations
Represented the president of Stanford International Bank in connection with the collapse of the Stanford Financial Corporation, an insurer of approximately $7 billion in certificates of deposit. The matter involved an extensive grand jury investigation, an extensive investigation by the U.S. Securities and Exchange Commission (SEC), and various collateral inquiries.
- Board of Directors of Medical Device Company
Assisting the board of directors of a medical device company unable to obtain an adequate reimbursement rate for its prescription device, used mainly by Medicare patients, in raising approximately $60 million in equity, which consisted of prominent medical doctors, businessmen, and venture capital firms.
- Board of Health on Preemption Case Regarding Food Nutritional Content Labeling in Restaurants
Advised the New York City Board of Health on preemption case brought to block implementation of its requirement for food nutritional content labeling in restaurants.
- Carpet Manufacturer in Class Action Lawsuit
We represent a carpet manufacturer and similarly situated class members alleging that various distributors and manufacturers in the carpet industry have engaged in an ongoing conspiracy to fix prices of certain types of foam.
- CEO in DOJ and SEC Investigations of Stock Option Backdating
We represented the former CEO of a technology company who was the focus of a Wall Street Journal article that launched the scandal into backdating of stock options at U.S. companies. After investigations by the DOJ and the SEC, our client was notified by SEC staff that it intended to recommend charges against him. We submitted a Wells notice arguing that our client should face no charges, an argument the SEC accepted, overruling the recommendation of its staff.
- CEO in Qui Tam Case
We represented the chief executive of a health care company in a qui tam case involving allegations that the company and a leading pharmaceutical manufacturer engaged in violations of the False Claims Act, the Anti-Kickback Act, and off-label promotion of the manufacturer’s products. Persuaded the Department of Justice not to intervene, and reached a resolution pursuant to which all claims were dismissed against our client.
- CFO in FCPA and SEC Investigations
The firm represented the CFO of a European telecommunications company in connection with Foreign Corrupt Practices Act (FCPA) and SEC investigations. The client faced inquiries from law enforcement authorities in multiple countries, which required the firm to apply its experience in representing clients subject to cross-border investigations.
- Chief Investment Officer of Off-Shore Hedge Fund in SEC Enforcement Action
Defended the chief investment officer of an off-shore hedge fund in an SEC enforcement action alleging fraud violations related to market timing and late trading.
Zuckerman Spaeder represents a group of American victims of terrorist attacks and their families in several lawsuits against international banks that have significant implications for America’s fight against global terrorism. The cases, against Arab Bank, Credit Lyonnais, and National Westminster Bank, were brought on behalf of American victims of terrorist attacks committed in Israel. They allege that the defendant banks violated the federal Anti-Terrorism Act by funneling money to the Middle Eastern terrorist organizations responsible for the attacks. The case against Arab Bank was recently settled, nearly one year after Zuckerman Spaeder helped secure a precedent-setting courtroom victory in which a Brooklyn jury found that Arab Bank was liable for knowingly supporting the terrorist organization Hamas. That win marked the first time a financial institution was held civilly liable under the U.S. Anti-Terrorism Act. The cases against Credit Lyonnais and National Westminster Bank are still pending in the Eastern District of New York.
- Class of Consumer Borrowers Alleging Title Insurer Violated RESPA Statute
We represent a class of consumer borrowers alleging that their title insurance transactions were steered by kickbacks paid by a national title insurer in violation of the federal RESPA statute.
- Class of Plaintiffs Against a Blue Cross/Blue Shield Entity Alleging a Conspiracy in Violation of the Sherman Act
We represent a class of plaintiffs against a Blue Cross/Blue Shield entity alleging a conspiracy in violation of the Sherman Act. The purpose of the alleged conspiracy between various Blue Cross/Blue Shield entities is to maintain monopolies and artificially inflate premiums paid by consumers by dividing geographic markets and eliminating outside competition within those markets.
- Client’s Purchase of a Cosmetic Manufacturer
Assisted a client with due diligence in connection with the purchase of a cosmetic manufacturer.
- Clinton Administration Officials in Whitewater-Related Investigations
Represented two senior Clinton administration officials in Whitewater-related congressional and U.S. Office of the Independent Counsel investigations.
- Company in DOJ Price Fixing Investigation
We represented a company in the lubricants industry that was being investigated by the U.S. Department of Justice (DOJ) for price fixing. After conducting an internal investigation, we created an antitrust compliance program for the company.
- Compliance Employee of Brokerage Firm in SEC Investigation
Tried an SEC enforcement action before an Administrative Law Judge who recommended that no sanctions be brought against our client, a compliance employee at a national brokerage firm. The case involved accusations that our client aided and abetted violations of various recordkeeping provisions of the federal securities laws. Although the SEC sought the permanent debarment of our client from the securities industry and substantial financial penalties, no sanctions were imposed.
- Corporate Client in Jury Trial of Federal Antitrust Claims Under Robinson-Patman Act
The firm defended a corporate client in a jury trial of federal antitrust claims under the price discrimination provisions of the Robinson-Patman Act. The case was tried in the U.S. District Court for the Middle District of Florida and settled following our cross-examination of the plaintiff’s witnesses.
- Counsel Nonprofit in Support of FDA-Related Mission
Zuckerman Spaeder serves as outside general counsel for the Reagan-Udall Foundation for the Food and Drug Administration, a private and independent nonprofit organization established by Congress to support FDA initiatives through scientific collaborations and research. Zuckerman Spaeder has been advising the foundation on all legal issues since its inception.
- Counseled Pharmaceutical Trade Association on Generic Drug Approval Issues
Zuckerman Spaeder has provided legal counsel to a generic drug trade association on issues related to Hatch-Waxman legislative and regulatory reform, acting as the lead presenter in a day-long Hatch-Waxman symposium hosted by FDA. Zuckerman Spaeder has recently counseled this client on issues relating to the new biosimilars law, including issues relating to constitutional takings, naming, and state substitution.
- Defended Baltimore Institution in Action Brought By Software Provider
Represented a major Baltimore institution in defense of an action brought by a software provider asserting breach of contract, misappropriation of trade secrets, and other tort claims in connection with the client’s transition to other software.
- Defended Client Charged with Numerous Federal Criminal Tax Offenses
In a two-month trial, defended a client charged with numerous federal criminal tax offenses as a result of his participation in a partnership whose members received substantial tax benefits for developing business opportunities in an economically deprived area. The client was acquitted of all charges.
- Defense Contractor Employee Acquitted in Federal Fraud Trial
As lead trial counsel, we represented a defense contractor employee indicted on 10 felony counts of procurement fraud in connection with labor overcharging in building the high-tech Mark series of torpedoes for the U.S. Navy’s nuclear submarine fleet. After a lengthy jury trial in the U.S. District Court for the Northern District of Ohio, the client was acquitted of all counts.
- Due Diligence Counseling in Connection with Food Joint Venture
In 2014, Zuckerman Spaeder provided FDA-related due diligence counseling to a major food company in connection with a proposed joint venture.
- Due Diligence Counseling in Connection with Major Food Company Acquisition
In 2011, Zuckerman Spaeder provided FDA- and USDA-related due diligence counseling to the acquirer in connection with the completed acquisition of a national food company.
- Due Diligence Counseling in Connection with Major Pharmaceutical Acquisition
In 2013, Zuckerman Spaeder provided FDA-related due diligence counseling to a major investment bank in connection with the bank’s financing of a completed multibillion-dollar acquisition of one pharmaceutical company by another pharmaceutical company
- Employee of Shipping Company in Criminal Proceedings Regarding Alleged Violation of Export Sanctions
Represents the foreign employee of a shipping company based in Asia in a criminal proceeding alleging violations of Iranian export sanctions and New York banking laws.
- Employees of Financial Institution in SEC Investigation Involving Mortgage-Backed Securities
Obtained a declination from the SEC’s Division of Enforcement in an investigation focused on two executives of a large financial institution who the SEC Division of Enforcement investigated in connection with the issuance of mortgage backed securities by the financial institution.
- Equity Fund in “Pay-to-Play” Investigation Involving Investments by New York State Pension Funds
We represented an equity fund that focuses its business on investment opportunities in Israel and related markets. The company became involved in an investigation by the New York Attorney General’s Office into “pay-to-play” activity by its former managing partner involving the investments by state pension funds. We negotiated a favorable settlement between the company and the attorney general, and we continue to defend the company in related civil litigation.
- European Media Company in OFAC Investigation Regarding Business Transactions with Cuba
We represented a European media company in an Office of Foreign Assets Control (OFAC) investigation related to media-related business transactions involving Cuba. The investigation was terminated without any enforcement action being brought against our client.
- Executive at Major Pharmaceutical Manufacturer
Defended the former vice president of sales for a large pharmaceutical manufacturer in parallel civil and criminal investigations regarding off-label promotion of a drug.
- Executive in DOJ Antitrust Investigation
Zuckerman Spaeder served as counsel for an executive of a Japanese auto parts company in a U.S. Department of Justice antitrust investigation. Our client was ultimately not charged.
- Executive in Mortgage-Backed Securities Fraud Prosecution
We represented an executive of a mortgage company charged with securities fraud making false statements in connection with the creation and sale of mortgage-backed securities.
- False Claims Allegations Against Environmental Testing Labs, Dismissed
The firm successfully represented a group of national environmental testing laboratories against False Claims Act allegations brought by the U.S. Department of Justice that the testing practices of the laboratory, which received funds from the U.S. Environmental Protection Agency (EPA) as a government contractor, were tainted by falsification and manipulation. After we conducted an internal investigation, the U.S. government withdrew its charges and dismissed the case, accepting our assertion that the allegations were without merit.
In one of the most complex and high-profile bankruptcies in recent memory, Zuckerman Spaeder LLP represented the official committee of unsecured creditors of the Tribune Company. Our attorneys negotiated a settlement that was approved as part of the reorganization plan.
When the generic market opened for Lipitor, Zuckerman Spaeder helped Ranbaxy Laboratories gain FDA approval in late 2011 for a generic version of the best-selling drug and defeat a competitor’s challenge to secure Ranbaxy's entitlement to 180 days as the only generic Lipitor product on the market.
- FDA Approval for Generic Version of Multimillion-Dollar Allergy Drug
The firm successfully defended a generic pharmaceutical company’s FDA approval of a generic version of a multimillion-dollar allergy product against a federal court challenge by the manufacturer of the brand version of the drug. The district court granted the brand company’s motion for temporary restraining order, but we successfully defeated the company’s motion for a preliminary injunction, and FDA’s approval was upheld. We also obtained a $3 million payment as compensation for lost profits during the temporary restraining order that prevented the FDA from approving our client’s product.
- Federal Agency Head in Congressional and Inspector General Investigations into Allegations of Mismanagement
Represented the head of a federal agency in congressional and inspector general investigations arising from allegations of internal agency management. The inspector general report confirms the absence of any legal violations by our client.
- Former Broker in Advancement Suit and SEC Enforcement Proceeding
Secured significant victories on behalf of a former broker in two actions relating to claims that our client engaged in fraudulent frequent trading in numerous mutual fund families on behalf of clients. First, we represented him in a successful suit and trial in Delaware to compel his former employer to advance defense costs. After we won important pre-trial rulings in the SEC enforcement action, the government agreed to settle just four days before the trial was set to start on terms extremely favorable to our client.
- Former CEO in Arbitration Over his Employment Agreement
The firm was co-counsel to the former CEO of a public company in arbitration over the benefits due him under his employment agreement. The arbitration, which began in 2003, was suspended until 2010 while a complex criminal prosecution proceeded. The government contended that it could restrain and forfeit the client’s assets needed to pay his legal fees. Zuckerman Spaeder defeated that claim, along with the company’s argument that it only had to advance fees for the client’s Washington, DC and New York lawyers at “local rates." In 2011, on the eve of the final hearing, the arbitration was successfully concluded by an agreement providing the client approximately $40 million, including $3 million in reimbursed legal fees.
- Former CEO in Criminal Investigation and Parallel Civil Proceedings
Obtained an acquittal of the former CEO of an energy company on all securities-related felony counts in a high-profile jury trial, with one misdemeanor conviction under a different statute that will be appealed. The firm previously represented the client in connection with derivative suits and shareholder class actions.
- Former CEO of Large Real Estate Company in Dispute with Purchaser of Company
Zuckerman Spaeder represented the former CEO of a large national real estate company in a dispute with the purchaser of the company. The purchaser contended that our client had to reimburse bonuses that the company awarded him in prior years because the bonuses were based on earnings that were later restated. The dispute was mediated and eventually settled on terms favorable to our client.
- Former CFO in SEC Investigation of Accounting Irregularities
Our lawyers represented the former CFO of a telecommunications company in an SEC investigation into improper recognition of rebates and other accounting irregularities. The SEC did not to bring an enforcement action against our client, even though it did against other employees of the company.
- Former CFO of Freddie Mac in OFHEO and SEC Enforcement Investigations
Zuckerman Spaeder represented the former chief financial officer of Freddie Mac, in Office of Federal Housing Enterprise Oversight (OFHEO) and SEC enforcement investigations and in all civil suits arising from the company’s restatement of earnings. All of the suits were settled on terms favorable to our client.
- Former Chief Business Officer of Major Financial Institution in Securities Enforcement Action and Securities Class Action
Obtained what commentators described as an unusual and extremely favorable settlement on behalf of the former Chief Business Officer of Freddie Mac in an SEC enforcement action arising from Freddie Mac’s 2006-2008 subprime loan disclosures. The resolution denied all of the remedies the SEC sought and provided for the dismissal of the SEC’s claims without any restrictions that altered the client’s employment. The case, which received substantial attention when it was brought by the SEC, was vigorously litigated for more than three years and resolved near the end of a lengthy discovery process.
- Former Chief of DOJ'S Public Integrity Section in Prosecutorial Misconduct Investigation
Represented the former chief of the Public Integrity Section of the U.S. Department of Justice in independent counsel and internal investigations of prosecutorial misconduct related to the prosecution of the late Sen. Ted Stevens. Although our client was not a member of the prosecution team, as head of the section his conduct was closely examined. After several years of investigations, our client was cleared of all wrongdoing.
- Former Compliance Officer in DOJ Investigation Regarding Alleged FCPA Violations
Represented the former compliance officer of an oil and gas exploration and production company in connection with an FCPA investigation. We were asked to represent him in connection with request for interviews from the U.S. Department of Justice Fraud Section regarding compliance activities undertaken by the company following its guilty plea to Foreign Corrupt Practices Act (FCPA) violations.
- Former Congressman in Congressional and Criminal Investigations
Represented a former congressman in investigations conducted by the U.S. House of Representatives, the U.S. Department of Justice, and state law enforcement agencies.
- Former Corporate Officer in SEC Enforcement Action
Our attorneys defended a former officer of a public company in an SEC enforcement action. The SEC alleged that our client functioned as an undisclosed “de facto officer” prior to his appointment as an officer of the company, and that the failure to publicly disclose his position constituted securities fraud, even though the alleged violation did not result in any financial harm or investor loss. After a three-week bench trial the judge expressly rejected each fraud claim and ruled in favor of the SEC on only one charge, that our client had violated an accounting bar order from 1995.
- Former Fannie Mae CFO in Securities Class Action
Won summary judgment on behalf of the former chief financial officer of Fannie Mae in a securities class action after more than eight years of litigation involving deposing more than 100 witnesses. The court’s finding of “overwhelming evidence” of our client’s good faith in connection with the issuance of Fannie Mae’s subsequently restated financial statements was, in our client’s words, “a complete vindication.” We also prevailed in a trial before a neutral arbitrator in employment litigation over our client’s severance from Fannie Mae.
- Former General Counsel of Major Public Health Insurance Company in Health Care Fraud Trial and Related Matters
Represents the former general counsel of a major public health care insurance company in connection with a federal health care fraud indictment and related matters. The indictment involves complex legal and accounting issues regarding the Florida Medicaid behavioral health care program. A related civil suit filed by the U.S. Securities and Exchange Commission (SEC) alleges fraud, false filings, and related violations of the Securities Act.
- Former General Counsel of Major Public Health Insurance in Health Care Fraud Trial and Related Matters
Zuckerman Spaeder is defending an executive and former general counsel of a major public health care insurance company in connection with federal health care fraud charges. The indictment involves complex legal and accounting issues regarding the Florida Medicaid behavioral health care program. A related civil suit filed by the U.S. Securities and Exchange Commission (SEC) alleges fraud, false filings, and related violations of the Securities Act.
In one of the most intense and highly publicized criminal cases of 2011, the firm represented former IMF president Dominique Strauss-Kahn against criminal sexual assault charges. All criminal charges against Mr. Strauss-Kahn were dismissed, and we also represented him in related civil matters.
- Former Judge in Sentencing for Felony Drug and Firearm Charges
Zuckerman represented a former judge who had been arrested on felony drug and firearm charges. After the judge had negotiated a disposition that dropped the firearm charge, our attorneys were retained to represent him at sentencing and we challenged the effort to apply a recidivist felony provision to obtain an enhanced penalty. The court agreed and sentenced the judge as a misdemeanant.
- Former Member of Congress in Grand Jury Investigation
The firm represented former Rep. Tom Feeney in connection with a grand jury investigation into statements he made to the House Ethics Committee concerning a privately funded 2003 Scotland trip. The U.S. Court of Appeals for the District of Columbia Circuit ruled that Rep. Feeney’s statements were protected under the Speech or Debate Clause—a significant decision allowing members of Congress to speak freely during ethics probes regarding legislative matters.
- Former Public Official in Racketeering and Fraud Trial
We represented a former public official in Delaware who was indicted for racketeering and multiple counts of mail and wire fraud by political adversaries after she initiated significant reforms. The representation included a trial resulting in a hung jury, two appeals, and a government petition for writ of mandamus and reassignment to a different judge. After we won a motion to preclude much of the prosecution’s case, the government offered a deal in which our client agreed to plead guilty, with no jail time, to one of the lesser charges in exchange for the dismissal of all other charges.
- Former CFO in SEC Enforcement Action
Obtained a settlement on behalf of a former chief financial officer in a civil enforcement action brought by the SEC alleging failure to meet the requirements of U.S. Generally Accepted Accounting Principles (GAAP) and making misleading statements regarding quarterly earnings. The case settled the day before trial was scheduled to commence.
- Fortune 50 Company in FCPA Matters in Asia
Represented a Fortune 50 company in connection with Foreign Corrupt Practices Act (FCPA) issues arising in Asia. Our client avoided criminal and civil sanctions.
- Fortune 500 CFO in Shareholder Class Action and Derivative Litigation
We represent the CFO of a Fortune 500 technology firm in connection with a shareholder class action and derivative litigation, which allege that the company and a number of individuals violated federal securities laws by reporting inflated financial results that included as income revenue attributable to alleged overcharging of customers.
- General Counsel of Foreign Manufacturer in SEC Investigation into Public Disclosures
Our attorneys represent the general counsel of a foreign manufacturer in an SEC investigation into possible misstatements in the company’s public disclosures.
- Generic Drug Manufacturer in International Regulatory Compliance Matters
Zuckerman Spaeder has helped coordinate an international generic drug manufacturer’s efforts to assess and ensure regulatory compliance in foreign markets. In 2012, we negotiated a consent decree with the FDA, settling concerns that presented potential obstacles to drug approval. The consent decree strengthened Ranbaxy’s data integrity policies and its manufacturing practices, paving the way for the company to bring its products to market in the United States.
- Generic Drug Manufacturer in Suit Alleging Unfair Trade Practices and FDA Violations
Zuckerman Spaeder represented a generic drug manufacturer in a suit alleging unfair trade practices and FDA violations. The lawsuit was dismissed.
- Generic Drug Manufacturer Seeking Samples of Brand-Name Drugs
Zuckerman Spaeder currently represents one of the world’s largest generic drug manufacturers in efforts to obtain access to samples of brand-name drugs needed to obtain FDA approval to bring generic competitors to market.
In 2012, a competitor sought a preliminary injunction in federal district court to block the FDA’s determination that Ranbaxy Laboratories was eligible for 180 days of market exclusivity for a generic version of the blood pressure/heart failure medication Diovan®. Ranbaxy, represented by Zuckerman Spaeder, intervened on the FDA’s behalf and filed a motion for summary judgment (as did the FDA). We briefed and argued the preliminary injunction and summary judgment motions, and the district court denied the competitor’s motion for a preliminary injunction and granted Ranbaxy’s and the FDA’s motions for summary judgment, preserving Ranbaxy’s eligibility for a generic exclusivity valued at $200 million.
- Generic Pharmaceutical Company Seeking FDA Ruling Against Citizen Petition
In 2011, Zuckerman Spaeder defeated a “citizen petition” seeking the FDA’s ruling that a generic client forfeited its right to 180-day generic exclusivity.
- Global Antitrust Investigation into Alleged Price Fixing of Fuel Surcharges in Air Cargo Industry
We represent a client in a global antitrust investigation into alleged price fixing of fuel surcharges in the air cargo industry.
- Hedge Fund Employee in Insider Trading Investigation
The firm represented a former employee at one of the country’s largest hedge funds in an investigation of insider trading conducted by the U.S. Attorney’s Office for the Southern District of New York and the SEC. Although the Southern District of New York charged and prosecuted a number of individuals in this and related insider trading cases , our client was not charged criminally and ultimately disposed of the matter by agreeing to a settlement with the SEC, without admitting or denying wrongdoing.
- Individual Accused of Violating Export Sanctions with Sudan
We represented a businessman in a prosecution alleging that he provided consulting services to the government of Sudan in violation of United States sanctions regulations. The case, which was the first criminal prosecution under the Sudanese Sanctions Regulations, alleged violations of International Emergency Economic Powers Act (IEEPA) and raised a host of unique questions of law involving classified information and the Foreign Intelligence Surveillance Act (FISA).
- Individual Charged with Fraudulent Conveyance
An individual defendant charged with fraudulent conveyances in a case in which the trustee sought to use all of the defendant’s assets to pay creditors of not only his estate, but also of the estates of a number of associates; we negotiated a settlement that allowed the debtor to maintain nearly all of his assets.
- Individual Targeted in FDA Injunction
Our attorneys represented an individual who was targeted in an FDA injunction; the individual was ultimately not named as a defendant in the FDA consent decree.
- Internal Investigation for Health Care Client Being Acquired by Major Multinational Corporation
Conducted an internal investigation and made a disclosure to the Florida Medicaid Fraud Control Unit at the request of a health care client being acquired by a major multinational corporation.
- Internal Investigation for International Pharmaceutical Company
Zuckerman Spaeder conducted an internal investigation on behalf of an international pharmaceutical company concerning failure to disclose a preliminary report of a safety study to the Food and Drug Administration (FDA) before an important advisory committee meeting. After reviewing thousands of documents and conducting dozens of interviews in the United States and Europe, we issued a report concluding that human error, not an intent to conceal, underlay the failure to inform the FDA about the ongoing study and the preliminary report.
- International Pharmaceutical Company in Multimillion-Dollar Antitrust Action
We represent an international pharmaceutical company in a multimillion-dollar antitrust action against Abbott Laboratories for entering an anticompetitive patent settlement. The agreement allegedly restricts our client’s ability to partner with numerous large pharmaceutical companies to distribute and further develop an innovative heart medication in the billion-dollar a year fenofibrate market.
- Investigation Regarding Alleged Off-Label Marketing Practices
Conducted an internal investigation regarding off-label marketing practices.
- IP Advice for Media Company
Advising a media company in connection with its unregistered trademarks and copyrightable designs.
- Labor Federation in Leasing and Subleasing of Its Washington, DC Office Buildings
Represented a labor federation in leasing and subleasing of its Washington, DC office buildings.
- Labor Union in the Purchase, Financing, and Leasing of Its Headquarters Building in Washington, DC
Represented a large, multimillion member international labor union in the purchase, financing, and leasing of its headquarters building in Washington, DC.
- Large Regional Law Firm in a Build-to-Suit Construction and Lease
Represented of a large regional law firm in a build-to-suit construction and lease of a 210,000 sq. ft. office building in Alexandria, VA.
- Law Firm and Managing Partner in IRS Summonses
Represent a law firm and its managing partner in connection with IRS summonses issued to the firm related to transactions engaged in by several of the firm’s clients.
- Law Firm and Partner Responding to Grand Jury Subpoenas for Documents and Testimony in Criminal and Tax Investigation
Represent a law firm and one of its partners in responding to grand jury subpoenas for documents and testimony in a criminal tax investigation of the firm’s former clients.
- Lawyer in Malpractice Suit
Defended a lawyer in a malpractice case, in which a former client alleged that the lawyer was professionally negligent, breached his fiduciary duties, and fraudulently induced him to sign a loan guarantee. The U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s dismissal of the lawsuit on the ground of collateral estoppel.
- Lead Defendant in Two-Month Trial of Tax Shelter Case
We represented the lead defendant in one of the largest tax shelter cases ever brought in a two-month criminal fraud trial. The client, who had been a partner at Ernst & Young LLP (E&Y), was indicted with three other former E&Y partners on multiple counts, including tax evasion and obstruction of justice. The case centered on the legality of certain tax shelters that were marketed to high-net-worth individuals and designed to reduce, or even eliminate, income taxes. It also involved complex tax transactions and novel issues of criminal liability arising from the conduct of professionals engaged in tax planning.
- Liquidation Strategy for Homebuilder
Developing a strategy for a homebuilder client to liquidate during 2007 a substantial portion of its inventory of land, triggering net operating losses which could be carried back to 2005, which resulted in tax refunds sufficient to pay the deficiencies owed on the loans secured by the properties which were sold.
- Litigation Trust for MFN Creditors in Suit to Subordinate Secured Loan
Represented the litigation trust for creditors of Metromedia Fiber Network (MFN) in a suit to subordinate a $67 million secured loan from Citibank to the claims of MFN’s unsecured creditors. On the eve of summary judgment, as the case was headed to trial in the bankruptcy court, the case settled on favorable terms.
- Litigation Trust in an Accounting Malpractice Claim
Represented the litigation trust created by the Spiegel bankruptcy plan in an accounting malpractice claim against KPMG LLP. The case involved extensive discovery and more than 30 fact and expert witness depositions, including the taking of testimony of several witnesses in Germany under the Hague Convention. With summary judgment motions and trial looming, the firm negotiated a favorable settlement of the litigation.
- Lloyd’s Underwriters in Multi-State Litigation Involving Lead Paint Claims
We represented Lloyd’s Underwriters in protracted, multi-state complex litigation over several billions of dollars in coverage for lead paint claims brought by several major paint manufacturers.
- Loan and Partnership Restructuring for Multiuse Commercial Development
We represented the minority partner of a financially troubled multiuse commercial development project in eastern Pennsylvania. After we negotiated with six banks and the majority partner concerning the terms of six partnership agreements and eight project loans, the loans and partnerships were restructured.
- Media Company Defending Registered and Unregistered Trademarks
Defending a media company’s registered and unregistered trademarks in connection with its website and online video streaming services.
- Medical Device Company in Lanham Act Dispute
In 2013, Zuckerman Spaeder represented a foreign medical device company in connection with claims by one of its competitors that the client had violated the Lanham Act.
- Member of Congress in Congressional Ethics Investigation of Fundraising Activities and Financial Disclosures
The firm represented a member of Congress in an investigation by the U.S. House of Representatives Ethics Committee into his fundraising activities and financial disclosures.
- Minor Child with Potential $100 Million Inheritance Under Family Trust
Currently represents a minor child with respect to a potential inheritance under his father’s family trust worth in excess of $100 million. The child and his mother (who never married the child’s father) were unaware of the father’s wealth until his father’s unexpected death and the father’s siblings may challenge the child’s inheritance.
- National Law Firm in Connection with SEC Investigation of its Client
Represented law firm in handling an SEC investigation into possible misstatements by the firm’s client. Our representation included advice on the scope of the obligation to protect client’s confidential and privileged information that might be used to defend the law firm’s conduct and avoid the law firm being named in an enforcement action.
- National Law Firm in Federal Grand Jury Investigation and Subsequent Indictment
Represented a major national law firm in a federal grand jury investigation and the subsequent indictment. The charges were resolved by a deferred prosecution agreement that allowed the firm to continue in business without substantial harm to its innocent partners and employees.
- Obtained Advancement of Millions of Dollars in Defense Costs for a Client Facing Criminal Charges, Litigating Our Way Through Several Layers of Primary and Excess D&O Coverage
We obtained advancement of millions of dollars in defense costs for a client facing criminal charges, litigating our way through several layers of primary and excess D&O coverage. We sought and obtained injunction after injunction–over the strenuous objections of the insurers–that ultimately allowed our client the means to defend himself against serious criminal charges through trial and appeal.
- Offshore Insurance Company in IRS Promoter Penalty Examination
We currently represent an offshore insurance company in an ongoing IRS promoter penalty examination.
- Orthopedic Surgeon in Criminal Investigation of Potential Anti-Kickback Statute Violations
Represented a prominent orthopedic surgeon in a criminal investigation of potential Anti-Kickback Statute violations stemming from consulting relationships with manufacturers of medical devices and prosthetic implants.
- Pediatric Dentists in Criminal and Civil Investigations
Represented pediatric dentists in criminal and civil investigations into alleged Medicare and Medicaid fraud stemming from the provision of unnecessary procedures and improper billing practices.
- Physician Charged with Tax Evasion
We defended at trial a physician against charges of tax evasion after a search of his home and offices for evidence in an unrelated investigation found records of his stock market activity allegedly showing that he had failed to report capital gains.
- Plaintiffs in Insurance Fraud Class Action
Represented plaintiffs in an insurance fraud class action who were seeking to obtain the defendant companies’ communications with trade associations. The U.S. Court of Appeals for the Tenth Circuit ruled in favor of our clients that those communications were discoverable, holding that the First Amendment did not protect against their disclosure.
- Portfolio Manager in SEC Market-Timing Investigation and Enforcement Proceeding
Defended one of the most prominent growth fund portfolio managers in the United States during the late 1990s in an SEC enforcement proceeding alleging our client engaged in market timing in the mutual fund industry. We defended the client in a bench trial, which concluded with the judge declining to impose any barring order or civil money penalties against our client.
- Post-Confirmation Litigation of KB Toys in the Investigation, Evaluation, and Litigation of Claims Arising from the Company’s Bankruptcy
The firm represented the post-confirmation litigation trust of KB Toys in the investigation, evaluation, and litigation of claims arising from the bankruptcy of KB Toys in the wake of a highly leveraged buyout of the company by private equity fund Bain Capital. After intense skirmishing over procedural issues in multiple forums, the case went to mediation and was settled favorably for the unsecured creditors.
- Preliminary Injunction Requiring D&O Insurer to Advance Defense Costs for Hedge Fund Executives
We obtained a preliminary injunction requiring a D&O insurer to resume advancement of defense costs for a group of officers and directors of a hedge fund after the D&O insurer sued our clients to rescind the policy after one mid-level employee pleaded guilty to criminal charges.
- President of Defense Contractor on Charges of Procurement
We represented the president of a defense contracting corporation on charges of procurement fraud in connection with building flight simulators for the armed forces. After persistent pre-trial motions attacking the indictment, the government dismissed its multi-count felony indictment in return for our client’s misdemeanor plea and a probationary sentence.
- President of Government Subcontractor in Bribery Trial Involving EPA Contracts
The firm represented the president of a government subcontractor in a jury trial in the U.S. District Court for the Eastern District of Virginia on bribery charges involving U.S. Environmental Protection Agency (EPA) contracts. Despite the government’s introduction of secretly taped recordings involving the client’s alleged bribe, we persuaded the jury to acquit the client on all counts of the indictment, save for one count for which a mistrial was declared. As to that count, the defendant received a probationary sentence after a misdemeanor plea.
- Private Operator of Health Care Facilities in the Then–Biggest Ever Investigation into Allegations of Health Care Fraud
Represented one of the country’s largest private operators of health care facilities in the then–biggest ever investigation into allegations of health care fraud.
- Public Health Group in Negotiations over Landmark Tobacco Legislation
Zuckerman Spaeder represented a leading public health group in negotiations over legislation to give the FDA jurisdiction over tobacco products, culminating in enactment of the 2009 tobacco legislation, and advises this group regarding FDA implementation of the new law.
- Putative Class of Retirement Plans Whose Plan Assets Were Entrusted to First Mercantile Trust
We were lead counsel for a putative class of over 2300 retirement plans whose plan assets were entrusted to First Mercantile Trust (FMT). The case alleged that FMT charged unauthorized and undisclosed fees against the assets of its plan clients, in violation of FMT’s fiduciary duties under the Employee Retirement Income Security Act (ERISA) and other federal statutes. The Plaintiffs settled the case for a total of $18 million, and changes in the way FMT handled the disclosure and charging of fees to its pension plan clients.
- Race Track in Chapter 11 Reorganization and Antitrust Action
We represented Cloverleaf Enterprises, Inc., the owner of Rosecroft Raceway, in its Chapter 11 reorganization and in an antitrust action against Pimlico Race Course and other thoroughbred racing interests in the state of Maryland. We advised Cloverleaf throughout the bankruptcy and in the sale of its assets, which generated sufficient assets to not only pay the debtor’s creditors in full, but also permitted a partial return to equity holders. The antitrust case survived a motion to dismiss before settlement.
- Represented a Church in One of the Only Criminal Cases Brought Against a Religion in the United States
Represented a church in one of the only criminal cases brought against a religion in the United States. The criminal charges were dismissed and the firm led the church’s seven-year defense against civil wrongful death charges in the companion case.
- Represented a Large Nonprofit Owner in a Litigation and Related Arbitration Over the Construction of a Large Conference Center
Represented a large nonprofit owner in a litigation and related arbitration over the construction of a large conference center. Arbitration was commenced involving construction experts testifying to the sequence and adequacy of construction techniques. Because of the high-stakes nature of the dispute, the parties were able to achieve a mediated solution of the dispute.
- Represented a Local Real Estate Developer in the Sale of Its Interests in a Maryland Land Development Project
Represented a local real estate developer in the sale of its interests in a Maryland land development project.
- Represented Bankruptcy Liquidation Trust for a Listed Company Against a Major Wall Street Bank
In connection with Wall Street Analyst securities fraud investigation, we represented the bankruptcy liquidation trust for a listed company against a major Wall Street bank based upon a series of false analyst reports, unlawful gratuities, and other alleged wrongdoing, resulting in a substantial, confidential settlement for the plaintiff.
- Represented Class of Nursing Home Residents Challenging Maryland’s Refusal to Provide Deductions for Medicaid Recipients’ Pre-Eligibility Medical Expenses for Long-Term Care
We represented a class of nursing home residents challenging Maryland’s refusal to provide deductions for Medicaid recipients’ pre-eligibility medical expenses for long-term care. The settlement – one of the two largest settlements or judgments ever against the State of Maryland – will pay up to$16 million for the benefit of the class and bring the state into compliance with federal law.
- Represented Client in Opposition to Abbott Biosimilars Citizen Petition
In 2012, Zuckerman Spaeder filed comments on behalf of an unnamed client in opposition to an as-yet undecided FDA citizen petition filed by Abbott Laboratories calling on the FDA to suspend the biosimilars approval program on Fifth Amendment takings grounds.
- Represented Family of Individual Whose Death Was Caused by Defective Doors on the Ford Truck He Was Driving
We represented the family of an individual whose death in an industrial truck accident was caused by defective doors on the Ford truck he was driving. The product liability and crashworthiness case was settled on confidential terms on the eve of trial. The firm developed significant evidence that was used by lawyers in multiple other cases where serious injury or death was caused by the same defect in other Ford vehicles. We also represented the family in claims against the mining company whose poorly designed and maintained road caused the accident in the first place.
- Represented Ohio Attorney General and Several Other State Attorneys General in Landmark Proceedings Against Countrywide
We represented the Ohio Attorney General (and several other state attorneys general) in the landmark proceedings against Countrywide (and its parent Bank of America) which in 2008 resulted in mortgage modifications and other relief valued at some $8.6 billion.
- Represented Three International Unions in Their Purchase of Interest of a Fourth Union’s Headquarters Building
Represented three international unions in their purchase of interest of a fourth union’s headquarters building and assisted them in securing new permanent financing.
- Retail Chain in Chapter 11 Reorganization
Working with our client, a creditors’ committee and counsel for creditors to achieve a fast, efficient resolution in a Chapter 11 bankruptcy of our client’s regional photographic supplies and specialty photo retail chain.
- Retired General in Federal Defense Contractor Trial
Our attorneys represented a retired four-star general who was acquitted after a six-and-a-half month federal defense contractor fraud trial.
- Senate Testimony on Bioterrorism Legislation
Our attorneys testified before the Senate Committee of Health, Education, Labor and Pensions and the Senate Judiciary Committee regarding patent and exclusivity provisions in proposed bioterrorism legislation.
- Senator in “Keating Five,” Hearings Before Senate Ethics Committee
We represented the late California Sen. Alan Cranston, one of the “Keating Five,” in public hearings before the Senate Ethics Committee arising out of the failure of the Lincoln Savings and Loan Association.
- Senior Official of European Airline Company in a Price-Fixing Investigation
Represented a senior official of a European airline company in a grand jury investigation in the United States involving allegations of price fixing. Our client avoided criminal and civil sanctions.
We recovered unpaid wages and additional damages for Maryland day laborers who traveled to the Gulf Coast after Hurricane Katrina to perform clean-up and recovery work and who were not paid for their work by their employers.
- Shareholder Derivative Action on Behalf of City National Bank Against its Officers and Directors for Breaches of Fiduciary Duty
We prosecuted a shareholder derivative action on behalf of City National bank against its officers and directors for breaches of fiduciary duty related to the bank’s subprime lending, resulting in substantial losses to the bank. The case settled in 2004 for $9 million.
- Shareholder Derivative Suit on Behalf of National Bank Against its Officers and Directors for Breaches of Fiduciary Duty
We prosecuted another shareholder derivative suit on behalf of a national bank against its officers and directors for breaches of fiduciary duty related to bank’s lending to a mobile home dealer that resulted in substantial losses to the bank. The case settled for approximately $10 million.
- Software Firm in Trade Secrets Claim
Defending a software firm and other clients against trade secret claims arising from replacement of the plaintiff firm's facilities management software system.
- State Government in Efforts to Import Prescription Drugs from Canada
Acted as counsel to a state government in efforts to facilitate the importation of prescription drugs from Canada.
- Successful Defense of FDA Approval for Generic Pharmaceutical Company Following Challenge by Brand Manufacturer
Zuckerman Spaeder assisted Momenta Pharmaceuticals in connection with its successful efforts to uphold the FDA’s approval of a generic version of Lovenox® (enoxaparin sodium) developed by Momenta and its business partner, Sandoz. In 2012, the U.S. District Court for the District of Columbia granted summary judgment to the FDA and Sandoz, as intervenor, in a case brought by the manufacturer of branded Lovenox®, Sanofi-Aventis, challenging the FDA’s approval of the generic product. We advised Momenta and Sandoz in connection with the summary judgment briefing and argument and with Sanofi’s earlier, unsuccessful efforts to obtain a preliminary injunction blocking FDA’s approval.
- Successfully Represented a Client in an Action Brought by Sibling Challenging Validity of Mother’s Will
Successfully represented an adult daughter who was sued by her sister after her mother died and completely disinherited the second sister in her will. The second sister argued that the mother was incompetent at the time the will was drafted and the first sister had manipulated the mother. After a trial, the first sister (our client) was awarded the entirety of the mother’s $5 million estate.
- Successfully Represented Generic Drug Manufacturer in U.S. Supreme Court Case
The firm successfully represented a generic drug manufacturer in the U.S. Supreme Court in a case addressing whether federal laws preempted state failure to warn actions against generic manufacturers.
- Summary Judgment for Law Firm in $100 Million Federal Legal Malpractice Suit
Defended a major Washington, D.C. law firm in a $100 million federal legal malpractice suit. The plaintiff alleged that the firm misread federal licensing requirements when drafting an option agreement related to the purchase of a communications company. A federal judge granted summary judgment in favor of our client.
- Summary Judgment in Complex Litigation Against National Cable Television Firm
Obtained summary judgment in complex litigation against a national cable television firm brought by a minority owner of a large cable television franchise seeking millions of dollars for breach of contract, fraud, and other torts.
- Swiss Banker Accused of Helping Americans Hide Assets from IRS
The firm currently represents a Swiss banker charged with conspiring to help Americans hide assets from the IRS.
- Swiss Executive in FCPA Investigation Regarding Egyptian Project
Represented an executive of a Swiss power and automation technologies company, which serves a broad base of utility, industrial, and commercial customers, in a Foreign Corrupt Practices Act (FCPA) investigation regarding an Egyptian project in which the company was the primary contractor. The client was not charged and the case was resolved civilly.
- Taxpayer in IRS Global High-Net-Worth Audit
We represented the founder and CEO of a public company in an IRS global high-net-worth audit that involved, among other things, issues surrounding the client’s sale of a significant interest in his company. After we responded to the IRS’s inquiries, the IRS proposed a minimal adjustment against the client, which he has the option of challenging in court.
- Taxpayer in IRS Global High-Net-Worth Audit
We represented one of the first taxpayers to be examined by the Internal Revenue Service (IRS) under its Global High Net Worth Initiative, and were successful in persuading the examination team to abandon all but one of the issues it raised during the examination; we expect to litigate the remaining issue.
- Trademark Infringement and False Advertising Claims Against Client's Competitor
Prosecuting trademark infringement and false advertising claims against a competitor of our clients, resulting in an early financial settlement.
- U.S. Supreme Court Amicus Curiae Brief for Member of Congress
In 2011, Zuckerman Spaeder filed an amicus curiae brief for Rep. Henry Waxman in the U.S. Supreme Court in Caraco v. Novo Nordisk, urging the court to reverse the U.S. Court of Appeals for the Federal Circuit’s decision undermining the Hatch-Waxman law’s “section viii” generic approval process. The Supreme Court unanimously reversed the lower court’s decision in 2012.
- Union in Congressional and Other Investigations Regarding Election of National Officers
We represented a union in connection with congressional and other investigations of an election of national officers and in connection with conduct of a succeeding election. The union successfully held the succeeding election.
- We represented an individual who failed to report a foreign bank account holding substantial funds in a guilty plea.
We represented an individual client who failed to report a foreign bank account holding substantial funds in a guilty plea before the U.S. District Court for the Southern District of New York. The client was facing a potential sentence of more than two-and-a-half years in prison under the Federal Sentencing Guidelines. After considering what the court described as “the most thorough sentencing materials [it had] come across,” the court sentenced the client to one day in prison, a term of community confinement, and community service.
- Widow of Gas Company Employee Who Was Decapitated When a Leaking Natural Gas Pipeline He Had Been Sent to Repair Exploded
We represented the widow of a gas company employee, who was decapitated when a leaking natural gas pipeline he had been sent to repair exploded, in a case against the company and a former. We also represented the widow in a follow-on third-party bad faith action against the insurance company providing the defense in the wrongful death action. Both cases were fiercely contested and litigated for several years before confidential settlements were reached. Halstead v. Equitable Production Co., et al.,
- Won dismissal of malpractice suit against law firm client.
We won an important victory against Blackwater Security Consulting on behalf of Wiley Rein. Blackwater had sued Wiley Rein and one of its former partners for malpractice related to the firm’s representation of the contractor in a wrongful death suit brought by the families of four Blackwater employees killed in Iraq. After months of litigation, the District of Columbia Superior Court granted Zuckerman Spaeder’s motion to dismiss Blackwater’s claim for $30 million in damages and that dismissal was upheld on reconsideration.