Martin J. Auerbach

Of Counsel | New York


Secretary Laura Gosheff

 

Track record

Federal and state courts

Martin has successfully represented clients in Federal and state courts across the US, before the Department of Justice, the Securities and Exchange Commission, Congress, a host of other Federal and State governmental agencies including state gaming and racing regulators, and in arbitrations before FINRA and other bodies. In addition to the US, Martin has acted for clients, and in matters, in the UK, Europe, Russia, Ukraine and other CIS countries, China, Japan, the Middle East, South America, Africa, Canada, Turkey and the Isle of Man.

Confidentiality

Many of Martin's greatest successes have been achieved confidentially. Indeed, given the highly sensitive nature of many of his matters and the profile of many of his clients, confidentiality is often an important element of that success. Martin has persuaded prosecutors and regulators to end investigations without charges or sanctions, secured deferred prosecutions for institutions, and obtained non-custodial sentences for individuals.

United Rentals Inc investigations

One of Martin's most visible successes came in resolving the life-threatening crisis faced by the world's largest rental equipment company, United Rentals Inc. The company was the focus of securities fraud investigations by the Department of Justice and the SEC, class action and derivative law suits, a de-listing review by the New York Stock Exchange and a potential downgrade by the major securities rating agencies. The company's remarkable recovery, following the successful end to those existential threats, is chronicled in a Harvard Business School case study.

Civil suits and class action litigation

Civil suits paralleling US Justice Department and SEC proceedings, as well as class action litigation, are another setting in which Martin's success has been achieved publicly, including the recent dismissal of class action claims against senior corporate officers accused of securities fraud and dismissal of RICO claims against a leading international mining company.

Talks

  • 'When your founder, CEO (or you) are the client: Protecting you and your team when things get personal,' TechGC Global Summit - November 4, 2021, co-presenter

  • '2021 IFSEA Virtual Conference: Session 10 - How to Navigate the Storm - Dealing with Investigations against Senior Executives and Founders,' CM Murray LLP - March 4, 2021, speaker

  • Lectured as adjunct faculty at NYU's Stern School of Management.