Defeated claims of securities fraud, violations of the Commodities Exchange Act, and common-law fraud, among others, against one of the top digital asset exchanges in the world related to the exchange’s decision to halt trading of a digital asset in light of an SEC civil lawsuit alleging the issuer of the asset conducted an unregistered securities offering.
Secured jurisdiction in the US over a long-running cross border commodities fraud dispute involving a top digital asset exchange and secured a ruling that a former customer breached the arbitration agreement in the exchange’s binding terms of service by threatening to and actually suing the exchange in the UK.
Secured a precedent-setting decision that the physical address associated with our client’s business – one of the top digital asset exchanges in the world – may qualify as a trade secret and a former employee may be liable under the Defend Trade Secrets Act for their public disclosure of the company’s address. (Please replace the current first example with this (less complex) description.)
Defeated financial fraud claims asserted by a former employee against a top digital asset exchange related to the exchange’s allocation of company shares, and secured a judgment against the plaintiff for the costs of litigation.
Represented California based cryptocurrency company in litigation involving the client’s former employee’s disclosure of the physical address of the business’s headquarters. In a precedent setting decision, the court ruled that the physical address associated with a business may qualify as a trade secret and a former employee could be liable under the Defend Trade Secrets Act for their public disclosure of the company’s address.
Represented key figure in the Mueller investigation in connection with DOJ criminal proceedings and Congressional investigations, and secured complete dismissal of Democratic National Committee’s lawsuit alleging that he conspired to hack DNC emails regarding the 2016 US presidential election.
Convinced U.S. Attorney’s Office to drop federal charges carrying a mandatory minimum sentence against client. Secured 5-year probationary sentence for the same client who faced 8-10 years imprisonment.
Represented leading health care professional from New York hospital facing health care fraud investigation by U.S. Attorney’s Offices. Client was never charged with any wrongdoing.
Secured 6-month probationary sentence for client facing 12-15 years imprisonment for mob-related crimes.
Secured dismissal of former trading desk COO’s breach of contract action against leading fintech company.
Secured no-action letters from the SEC for several corporate managers and in-house counsel who faced simultaneous internal and federal criminal investigations into fraudulent financial transactions.
Won motion to compel against Glassdoor, Inc., forcing Glassdoor to turn over identification information regarding anonymous individuals that posted reviews in violation of non-disparagement and confidentiality provisions in severance agreement.
Secured first ever unequivocal ruling holding that mobile phone carrier can be held liable for its complicity in allowing customers’ mobile accounts to be SIM swapped.
Defeated injunction sought against major charter school network for alleged due process violations that would have drastically changed how NY charter schools operate.
State of New York, 2010
Southern District of New York, 2010
Eastern District of New York, 2017
Second Circuit Court of Appeals, 2019
‘Everyone Is Wondering If Better Regulation Could Have Prevented FTX’s Collapse. The Answer is Both Yes and No.,’ Business Insider - November 20, 2022, quoted
‘FTX collapse – 5 ways in which investors can seek recourse,’ Withers Insight - November 18, 2022 co-author
‘If Sam Bankman-Fried Committed Fraud, He’ll Face the Music in the U.S, Legal Experts Say,’ MarketWatch - November 14, 2022, quoted
‘FTX Faces Growing Regulatory, Criminal Scrutiny Amid Fallout,’ Law 360 - November 14, 2022, quoted
‘First Mover Asia: Bitcoin Struggles Following Inflation Report; California Crypto Bill Is an Overstep, Say Legal Experts,’ CoinDesk - September 13, 2022, quoted
‘‘Securities’ Label in SEC Insider Case May Have Broad Crypto Impact,’ Roll Call - August 2, 2022, quoted
‘SEC Tests Its Reach With Coinbase Insider Trading Case,’ Law360 - July 25, 2022, quoted
‘What Does the SEC’s Warning Shot at Crypto Mean?,’ TechCrunch - July 22, 2022, quoted
‘Unpacking the Latest Bitcoin ETF Rejections,’ CoinDesk - July 8, 2022, quoted
‘Proposed Bipartisan US Crypto Bill Could Be ‘Sigh of Relief’ for the Industry,’ TechCrunch - June 8, 2022, quoted
‘Senate Crypto Bill Eyes Bigger Role For CFTC,’ Law360 - June 7, 2022, quoted
‘First Mover Asia: The Metaverse Is Subject to Earth’s Boring Old Rules,’ CoinDesk - April 24, 2022, quoted
‘OpenSea Stops Gambling Apes NFT Trading From Sand Vegas Casino Club,’ PYMNTS - April 22, 2022, quoted
‘OpenSea Suspends Trading of Sands Vegas Casino Club NFTs,’ CoinDesk - April 22, 2022, quoted
‘2022 – The year of regulation of digital assets,’ Withers Insight – April 11, 2022, co-author
‘Finding calm in the storm: dealing with a professional crisis can be life changing,’ Withers Insight - January 13, 2022, co-author
‘Interest-Earning Crypto Crackdown Is Bigger Than Coinbase,’ Law360 - September 24, 2021, quoted
‘With Approach to Coinbase, SEC Shows its Hand on Cryptocurrency,’ Compliance Week - September 21, 2021, quoted
‘Coinbase Probe Shows SEC Game To Play Hardball On Crypto,’ Law360 - September 10, 2021, quoted
‘A digital art gold rush? – the regulators are watching,’ Withers Insight - April 1, 2021, co-author
‘Withers talks: cryptocurrency | Ep 2 - What is the future of crypto regulation?,’ Withers podcast - March 19, 2021, speaker
‘XRP delisted on more platforms following SEC’s Ripple complaint,’ Business Insider - December 31, 2020, quoted
‘Cryptocurrencies: What Type Of Gamble Are They?,’ WealthBriefing - October 30, 2020, co-author
Federal Bar Council
Young Lawyers Committee of the New York Courts’ Historical Society
Board Member, Fordham Law Alumni Association
Law Clerk, Honorable Vincent L. Briccetti, United States District Court for the Southern District of New York