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Gary P Naftalis

Gary P Naftalis
Office:
1177 Avenue of the Americas
10036
City:
New York
State:
New York
Country:
USA
Tel:
+1 212 715 9253
Fax:
+1 212 715 9238

Biographies:

Who's Who Legal Business Crime Defence: Corporates

Gary P Naftalis is the co-chair of Kramer Levin Naftalis & Frankel LLP, and of the firm's extensive litigation practice. One of the nation's leading trial lawyers, he was selected as one of the 100 most influential lawyers in America by The National Law Journal and one of the top 10 lawyers (top point-getter) in New York by Super Lawyers. Mr Naftalis is a fellow of the American College of Trial Lawyers. He represents individuals and corporations in all phases of complex “bet the company” civil, criminal and regulatory matters, including those involving allegations of accounting irregularities, insider trading, market manipulation and other financial fraud. Mr Naftalis has also served as counsel to audit and special committees of a number of major public companies.

In a career spanning over 40 years, he has successfully represented numerous securities industry clients, including Salomon Brothers in the investigation of US Treasury auction bidding practices; Kidder, Peabody in the Wall Street insider trading probe; Canary Capital Partners in the mutual fund inquiries; and CIBC in the investigation conducted by the Enron task force. In each instance, he persuaded the government not to bring criminal charges. He also represented the CEO of Arthur Andersen in the Enron inquiry; the chairman of Global Crossing; the COO of MF Global; the CEO of Refco; the CEO of WorldCom; and major figures in inquiries involving Drexel Burnham, Orange County, Cendant, Bristol Myers Squibb, Affiliated Computer Services, Tyco, BCCI and British Petroleum.

He successfully defended Michael Eisner, CEO of The Walt Disney Company, in the shareholders' derivative lawsuit relating to the hiring and termination of Michael Ovitz. After a 37-day trial in the Delaware Chancery Court, Mr Eisner and the other Disney directors prevailed on all counts. The case was chosen as one of the top defence wins of 2005 by The National Law Journal. Mr Naftalis successfully won dismissal in favour of Kenneth Langone, former chair of the New York Stock Exchange compensation committee, of all charges brought against him by then-attorney general Eliot Spitzer relating to the compensation of NYSE chairman Richard Grasso.

Mr Naftalis won summary judgment for Sirius XM Radio dismissing a breach of contract action by Howard Stern seeking US$330 million in damages. He represented the City of New York in the inquiry by the New York County District Attorney relating to the fire at the Deutsche Bank building at the World Trade Center, in which no charges were brought against the city or any of its agencies or its officials.

Mr Naftalis defended Rajat K Gupta, the former managing director worldwide of McKinsey, in both a high-profile criminal insider trading trial and parallel SEC enforcement action, where he obtained a precedent-setting decision challenging the attempt by the Securities and Exchange Commission to utilise an administrative process rather than go to court.

Mr Naftalis recently successfully represented Congregation Jeshuat Israel, the congregation that has worshipped for the past 120 years at Touro Synagogue, the nation’s oldest synagogue, in a dispute with a New York City congregation over the ownership of the synagogue and valuable silver bells (rimonim) that adorn Torah scrolls and were made by colonial silversmith Myer Myers. After a two-week trial in federal court, Jeshuat Israel prevailed on all issues and will now be able to sell the bells to create an endowment that will enable it to preserve the historic synagogue located in Newport, Rhode Island, as a place of worship.  The American Lawyer Daily named Mr Naftalis as “Litigator of the Week” for this trial success.

Mr Naftalis received his AB from Rutgers University, his MA from Brown University and his LLB from Columbia Law School. He served as deputy chief of the criminal division in the US Attorney's Office for the Southern District of New York. He also served as special counsel to the US Senate subcommittee investigating abuses in the nursing home industry. Mr Naftalis has been a member of the faculty at Columbia and Harvard law schools. He is the author or co-author of numerous books and articles including the leading work on the grand jury system, The Grand Jury: An Institution on Trial (with Judge Marvin E Frankel) and Sentencing: Helping Judges Do Their Jobs (also with Judge Frankel).

WWL says: Gary Naftalis boasts a great reputation as one of the pre-eminent practitioners in the US market.

This biography is an extract from Who's Who Legal: Business Crime Defence which can be purchased from our Shop.

Who's Who Legal Business Crime Defence: Individuals

Gary P Naftalis is the co-chair of Kramer Levin Naftalis & Frankel LLP, and of the firm's extensive litigation practice. One of the nation's leading trial lawyers, he was selected as one of the 100 most influential lawyers in America by The National Law Journal and one of the top 10 lawyers (top point-getter) in New York by Super Lawyers. Mr Naftalis is a fellow of the American College of Trial Lawyers. He represents individuals and corporations in all phases of complex “bet the company” civil, criminal and regulatory matters, including those involving allegations of accounting irregularities, insider trading, market manipulation and other financial fraud. Mr Naftalis has also served as counsel to audit and special committees of a number of major public companies.

In a career spanning over 40 years, he has successfully represented numerous securities industry clients, including Salomon Brothers in the investigation of US Treasury auction bidding practices; Kidder, Peabody in the Wall Street insider trading probe; Canary Capital Partners in the mutual fund inquiries; and CIBC in the investigation conducted by the Enron task force. In each instance, he persuaded the government not to bring criminal charges. He also represented the CEO of Arthur Andersen in the Enron inquiry; the chairman of Global Crossing; the COO of MF Global; the CEO of Refco; the CEO of WorldCom; and major figures in inquiries involving Drexel Burnham, Orange County, Cendant, Bristol Myers Squibb, Affiliated Computer Services, Tyco, BCCI and British Petroleum.

He successfully defended Michael Eisner, CEO of The Walt Disney Company, in the shareholders' derivative lawsuit relating to the hiring and termination of Michael Ovitz. After a 37-day trial in the Delaware Chancery Court, Mr Eisner and the other Disney directors prevailed on all counts. The case was chosen as one of the top defence wins of 2005 by The National Law Journal. Mr Naftalis successfully won dismissal in favour of Kenneth Langone, former chair of the New York Stock Exchange compensation committee, of all charges brought against him by then-attorney general Eliot Spitzer relating to the compensation of NYSE chairman Richard Grasso.

Mr Naftalis won summary judgment for Sirius XM Radio dismissing a breach of contract action by Howard Stern seeking US$330 million in damages. He represented the City of New York in the inquiry by the New York County District Attorney relating to the fire at the Deutsche Bank building at the World Trade Center, in which no charges were brought against the city or any of its agencies or its officials.

Mr Naftalis defended Rajat K Gupta, the former managing director worldwide of McKinsey, in both a high-profile criminal insider trading trial and parallel SEC enforcement action, where he obtained a precedent-setting decision challenging the attempt by the Securities and Exchange Commission to utilise an administrative process rather than go to court.

Mr Naftalis recently successfully represented Congregation Jeshuat Israel, the congregation that has worshipped for the past 120 years at Touro Synagogue, the nation’s oldest synagogue, in a dispute with a New York City congregation over the ownership of the synagogue and valuable silver bells (rimonim) that adorn Torah scrolls and were made by colonial silversmith Myer Myers. After a two-week trial in federal court, Jeshuat Israel prevailed on all issues and will now be able to sell the bells to create an endowment that will enable it to preserve the historic synagogue located in Newport, Rhode Island, as a place of worship.  The American Lawyer Daily named Mr Naftalis as “Litigator of the Week” for this trial success.

Mr Naftalis received his AB from Rutgers University, his MA from Brown University and his LLB from Columbia Law School. He served as deputy chief of the criminal division in the US Attorney's Office for the Southern District of New York. He also served as special counsel to the US Senate subcommittee investigating abuses in the nursing home industry. Mr Naftalis has been a member of the faculty at Columbia and Harvard law schools. He is the author or co-author of numerous books and articles including the leading work on the grand jury system, The Grand Jury: An Institution on Trial (with Judge Marvin E Frankel) and Sentencing: Helping Judges Do Their Jobs (also with Judge Frankel).

WWL says: Gary Naftalis is incredibly well respected by peers and clients alike for his exceptional trial work.

This biography is an extract from Who's Who Legal: Business Crime Defence which can be purchased from our Shop.

Who's Who Legal Investigations: Lawyers

Gary P Naftalis is the co-chair of Kramer Levin Naftalis & Frankel LLP, and of the firm's extensive litigation practice. One of the nation's leading trial lawyers, he was selected as one of the 100 Most Influential Lawyers in America by The National Law Journal, as one of the 10 leading trial lawyers in the United States by The Legal 500 and one of the Top 10 Lawyers (Top Point Getter) in New York by Super Lawyers. Mr Naftalis is a fellow of the American College of Trial Lawyers. He represents individuals and corporations in all phases of complex civil, criminal and regulatory matters, including those involving allegations of accounting irregularities, insider trading, market manipulation and other financial fraud. Mr Naftalis has also served as counsel to audit and special committees of a number of major public companies.

In a career spanning over 40 years, he has successfully represented numerous securities industry clients, including Salomon Brothers in the investigation of US Treasury auction bidding practices; Kidder, Peabody in the Wall Street insider trading probe; and Canary Capital Partners in the mutual fund inquiries. Mr Naftalis also represented the investment banking firm CIBC in the investigation conducted by the Enron Task Force.

Mr Naftalis won summary judgment for Sirius XM Radio dismissing a breach of contract action by Howard Stern seeking US$330 million in damages. He represented the City of New York in the inquiry by the New York County District Attorney relating to the fire at the Deutsche Bank building at the World Trade Center, in which no charges were brought against the city or any of its agencies or its officials.

Mr Naftalis recently successfully represented Congregation Jeshuat Israel, the congregation that has worshipped for the past 120 years at Touro Synagogue, the nation’s oldest synagogue, in a dispute with a New York City congregation over the ownership of the synagogue and valuable silver bells (rimonim) that adorn Torah scrolls and were made by colonial silversmith Myer Myers. After a two-week trial in federal court, Jeshuat Israel prevailed on all issues and will now be able to sell the bells to create an endowment that will enable it to preserve the historic synagogue located in Newport, Rhode Island, as a place of worship.  The American Lawyer Daily named Mr Naftalis as “Litigator of the Week” for this trial success.

Mr Naftalis currently represents Rajat Gupta, former managing director worldwide of McKinsey, against charges relating to the Galleon Group. Mr Naftalis also currently represents the former president and chief operating officer of MF Global in government inquiries and related civil litigation and Muriel Siebert and Siebert Financial Corporation in litigation with the firm's former chief operating officer.

He successfully defended Michael Eisner, CEO of The Walt Disney Company, in the shareholders' derivative lawsuit relating to the hiring and termination of Michael Ovitz. After a 37-day trial in the Delaware Chancery Court, Mr Eisner and the other Disney directors prevailed on all counts. The case was chosen as one of the top defence wins of 2005 by The National Law Journal. Mr Naftalis successfully won dismissal in favour of Kenneth Langone, former chair of the New York StockExchange compensation committee, of all charges brought against him by then-attorney general Eliot Spitzer relating to the compensation of NYSE chairman Richard Grasso.

He is counsel for significant figures and entities in the inquiries and related civil litigation concerning corporate accounting irregularities and backdating of stock options including the successful representation of the chairman and founder of Global Crossing. He represents United Rentals in various securities litigations and regulatory matters. Mr Naftalis also represented the former CFOs of Affiliated Computer Services, Cendant and Bristol-Myers Squibb, and the former CEO of Refco. He also defended a director and senior officer of Tyco in securities class action and ERISA litigation, the former CEO of Arthur Andersen in the Enron civil litigation and the former CEO of WorldCom in securities class action litigation.

Mr Naftalis received his AB from Rutgers University, his MA from Brown University and his LLB from Columbia Law School. He served as deputy chief of the criminal division in the US Attorney's Office for the Southern District of New York. He also served as special counsel to the US Senate subcommittee investigating abuses in the nursing home industry. Mr Naftalis has been a member of the faculty at Columbia and Harvard law schools. He is the author or co-author of numerous books and articles including the leading work on the grand jury system, The Grand Jury: An Institution on Trial (with Judge Marvin E Frankel) and Sentencing: Helping Judges Do Their Jobs (also with Judge Frankel).

WWL says: Gary P Naftalis enjoys widespread admiration from market sources thanks to his distinguished practice focusing on defending individuals in significant government and regulatory investigations.

This biography is an extract from Who's Who Legal: Investigations which can be purchased from our Shop.

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