Martin J. Auerbach

Of Counsel | New York

Secretary Laura Gosheff


Martin is a consultant* in the litigation and arbitration team.

Martin leads the firm's White Collar and Investigations practice in New York. Martin has a national reputation in the US as a preeminent white collar and securities defense lawyer. He has served in the Judicial and Congressional branches of the US government and in the Executive branch as a member of the US Attorney's Office for the Southern District of New York where he prosecuted Marc Rich, the largest tax evasion case in US history. Martin's clients deeply appreciate the counsel and care he brings to their most daunting matters, and the exceptional results he has achieved.

He has successfully counselled and defended prominent individuals, industry leaders and leading companies in many of the highest profile white collar and regulatory matters, and parallel civil litigation, over the past three decades ranging from the Milken insider trading prosecution, to cases arising from the Mueller investigation.

Among Martin's most iconic clients are Federal Reserve Chairman Paul Volcker, and global brand Sweet'N Low. He has represented senior people in cases ranging from the JPMorgan “London Whale” scandal to the Madoff case, insider trading cases involving Michael Milken, McKinsey & Co.'s former CEO, Rajat Gupta, Martha Stewart and ImClone's CEO Sam Waksal, the SEC case against Texas billionaire entrepreneurs Sam and Charles Wyly, the KPMG tax shelter prosecution, as well as Market Timing, Research Analysts, and Municipal GIC Antitrust investigations and the US Senate Offshore Tax Haven probe, among others. In addition to prominent individuals and entrepreneurs, Martin's clients have come from institutions such as Citigroup, Prudential, Lehman Brothers, JPMorgan Chase, Jefferies, Christies, IMAX, Computer Associates and Conair/Cuisinart.

He has developed deep subject matter experience in areas ranging from financial services, securities and accounting fraud, insider trading, mail and wire fraud, the Foreign Corrupt Practices Act, RICO, money-laundering, government contracting fraud and construction, to taxes, gaming, official corruption and campaign finance violations. Martin has also led, and defended clients in, sensitive internal investigations at institutions and public companies, on subjects ranging from cybersecurity to sexual harassment.

Martin recognizes the benefits of resolving matters in private, whenever possible, and is a skillful negotiator, discreetly working to achieve optimal outcomes. Martin is also a highly effective and experienced trial lawyer. Martin's experience has given him acute awareness of the need to manage the reputational implications of high-profile matters and he works closely with the firm's Media and Reputation team to prevent or minimize those impacts.

In addition to skills refined over more than three decades of practice, Martin offers clients the business perspective born of his experiences serving in the roles of General Counsel, Chief Compliance Officer, Cybersecurity committee member and Compliance Committee member for a multi-billion-dollar private equity fund and a multi-jurisdictional gaming company, and as Consulting Counsel for the world's largest equipment rental company. His wealth of experience allows Martin to craft highly sophisticated crisis management strategies and solutions.

* Mr. Auerbach is an independent contractor of Withers Bergman LLP, and nothing herein shall be construed as creating any other relationship between Mr. Auerbach or Martin J. Auerbach, Esquire, PLLC, on the one hand, and Withers Bergman LLP or its affiliated entities (the "Firm") on the other hand, including but not limited to a partnership relationship. Neither Mr. Auerbach, Martin J. Auerbach, Esquire, PLLC, nor any of his or its employees or personnel are or shall be deemed to be employees of the Firm.
Headshot of Martin Auerbach

Me in a minute

I am a passionate advocate for my clients.

The lives and institutions my clients have built are in many ways as precious to them as breath itself. The direct and collateral consequences for clients, their families, their employees, their friends, threatened by criminal and regulatory proceedings and bet-the-ranch litigation can mean the end of life as they have known it. Faced with those risks, I draw on every ounce of experience, creativity and skill I have to achieve the outcomes I would want for myself and my family if we ever encountered those challenges. I have been blessed in the outcomes I have achieved and the deep reward of clients who appreciate that the lives, families, companies, reputations, fortunes and friendships they have built have been saved.

When I'm not working, I enjoy sailing, riding and cycling, as well as long hikes with my wife and visits to our three children.