Mr. Janey is a partner at Gottlieb & Janey LLP where he is also head of the Civil Litigation, Securities and Regulatory practice group. The practice is national in scope and its value-add is in “bet the farm” or mission-critical litigation needs of either plaintiffs or defendants as businesses or individuals.
In 2017, the New York Law Journal named Mr. Janey as among 22 “Distinguished Leaders” in the New York legal industry. Among his many accomplishments over the past 12 months, following briefing and oral argument, District Court Judge Carol Bagley Amon of the Eastern District of New York dismissed RICO claims against Mr. Janey’s wholesaler/seller defendants in a national-scope civil litigation prosecuted by a global pharmaceutical company in which his client faced trade infringement, fraud and RICO claims. Additionally, as special counsel to a bankruptcy trustee, Mr. Janey successfully settled a multi-year litigation he prosecuted against a law firm on behalf of the trustee alleging aiding and abetting criminal fraud, legal malpractice and claims under the federal Bankruptcy Code. Further, as counsel to an aggrieved investor, Mr. Janey defeated a motion to dismiss the complaint alleging breach of contract and fraud against a public company and its executive management in a securities litigation matter.
As part of his overall strength as a litigator, Mr. Janey has demonstrated especially strong experience in the financial services industry representing financial institutions and individual financial market participants across a range of civil, regulatory and enforcement matters, including investigations conducted by FINRA and parallel investigations by the Securities and Exchange Commission and the U.S. Department of Justice.
With his background in financial services, Mr. Janey is often retained as special counsel by federal bankruptcy court trustees in matters where the debtor is a financial services company. In that capacity, Mr. Janey has represented trustees in 6 adversary proceedings over the past three years.
Representative matters within the firm’s Civil Litigation, Securities and Regulatory Group include the following:
- Litigation counsel to five-commonly held wholesaler/importers of medical supplies sued by an international pharmaceutical company alleging trademark infringement and RICO claims;
- US counsel to an international company under investigation by the DOJ Division of Antitrust;
- Special counsel to bankruptcy trustees representing financial services company debtors pursuing claims against former managers and executives;
- Representing a broker-dealer in a parallel Department of Justice and SEC Foreign Corrupt Practices Act violation case and leading the internal investigation on behalf of the broker-dealer;
- Prosecuting civil claims filed in FINRA and seeking an Order of Attachment for assets against former executives of a broker-dealer on behalf of the firm alleging various theories, including fraud;
- Counsel to a trader in a global rate fixing probe;
- Civil counsel to a former hedge fund employee sued by hedge fund employer for violating trade secrets agreements;
- Commencing action on behalf of investment bank against former executive in Federal court in private right of action under the Computer Fraud and Abuse Act;
- Representing individual in SEC insider trading action from investigation stage to filing of complaint; and
- Representing individual in SEC scheme to defraud action from investigation stage to settlement.
Mr. Janey has also spear-headed corporate internal investigations, including those stemming from law enforcement subpoenas. Under the approach he advised in those instances, none of his corporate clients under investigation were either fined or indicted.
Mr. Janey has been involved in some of the leading white collar and investigative matters of the past couple years. In 2015, he and his partner, Robert Gottlieb, represented Galen Marsh, the Morgan Stanley financial adviser accused of stealing large portions of his employer’s wealth management client data. Mr. Marsh received probation. In 2014, Mr. Janey commenced an action in federal district court against the SEC challenging the constitutionality of trying his client, Jordan Peixoto, for insider trading in the SEC’s administrative hearing forum. The SEC dismissed the charges against Mr. Peixoto. In 2013, Mr. Janey and Robert Gottlieb led the defense of the broker-dealer Direct Access Partners, several of whose managers were indicted by the Department of Justice for violating the Foreign Corrupt Practices Act (FCPA) in what has been described as the largest broker-dealer related FCPA violation case ever. Even though five managers were indicted and pleaded guilty, in addition to a Venezuelan government official, the broker-dealer was never charged.
More recently, in 2016, among other things, Mr. Janey represents Michael Klein, the town attorney for the town of Ramapo, New York, in an action commenced by the SEC alleging fraud against Mr. Klein, as well as the town supervisor, the town finance director and the town itself.