Mr. Janey is a named partner at Gottlieb & Janey LLP where he is responsible for all non-criminal litigation matters. Launching the complex civil litigation practice in 2013 as primarily parallel proceedings related to the firm’s criminal matters, today Mr. Janey’s group leads litigation activity across a broad spectrum including securities litigation, financial services litigation, healthcare litigation and bankruptcy litigation in federal and state courts across the United States. He has considerable experience litigating securities matters, regulatory defense actions (e.g., actions commenced by the SEC), and complex healthcare matters (particularly those involving medical products distributors). In this respect, in addition to New York State and Federal courts, Mr. Janey has appeared on many occasions in federal courts in Florida, Massachusetts, and New Jersey.
In addition to his non-criminal litigation experience, Mr. Janey has substantial experience, including trial experience, in the area of white collar criminal defense, and in particular where the defendant is charged with securities fraud, wire fraud, bank fraud or violations under the Computer Fraud and Abuse Act. In fact, Mr. Janey has been involved in some of the leading white collar defense and investigative matters of the past several years. In 2017, related to his representation of Michael Klein, the former town attorney for Ramapo, New York, in a SEC enforcement action alleging, inter alia, fraud, Mr. Janey successfully resolved the litigation prior to trial. In 2015, Mr. Janey 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.
Some of Derrelle’s recent non-criminal representations include commencing a securities fraud and breach of contract action against a public company and its officers on behalf of an investor, and defending medical products distributors from trade mark infringement and civil RICO claims. Notably, 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 the area of bankruptcy litigation, recently, Mr. Janey (and the firm) was retained by a bankruptcy trustee to serve as outside general counsel to the trustee in 15 bankruptcy matters. Separately, in 2018, Mr. Janey was the trial lawyer representing a trustee on behalf of a bankruptcy estate in a fraudulent conveyance case against multiple defendants. Further, unrelated, in 2018, Mr. Janey successfully settled a bankruptcy matter at the door step of trial, generating millions in recovery for the debtor estate.
In 2017, the New York Law Journal named Mr. Janey as among 22 “Distinguished Leaders” in the New York legal industry.
Representative matters at the firm where Mr. Janey has either led or co-led include the following:
- Federal criminal trial of high-profile white collar defendant charged with securities fraud and operating a Ponzi scheme;
- Federal trial representing a bankruptcy trustee on behalf of a broker-dealer against the BDs former officers and managers on claims of fraudulent conveyance;
- State court trial against former auditor of a broker-dealer where it was alleged that the auditor committed malpractice;
- Represented a bankruptcy trustee on behalf of a broker-dealer against the BDs former law firm alleging aiding and abetting criminal fraud and legal malpractice;
- Represented a municipal government official in a SEC enforcement action alleging fraud;
- Served as US counsel to an international company under investigation by the Department of Justice Division of Antitrust;
- Represented a broker-dealer in a parallel Department of Justice and SEC Foreign Corrupt Practices Act violation case and led the internal investigation on behalf of the broker-dealer;
- Represented former chief executive officer of national drug distributor in defamation and breach of contract action against former employer; and
- Represented foreign exchange trader in a global rate fixing probe investigation.