White-collar defense

State and federal agencies investigate regulatory violations and impose civil penalties. Sometimes, agencies coordinate their civil investigation with a criminal investigation led by prosecutors, or an internal investigation led by a corporate board. Parallel investigations are dangerous because they often create divergent interests, hamper information-sharing, and complicate attorney-client confidentiality. These matters require precise coordination between lawyer and client, and transparent collaboration by all members of the defense team. We are well-placed to meet these demands, given our relationships with local and out-of-town colleagues, our cooperative approach to legal practice, and our experience representing individuals and businesses before the federal Internal Revenue Service, Securities and Exchange Commission, and Environmental Protection Agency, and the New York State Office of the Attorney General, Department of Taxation and Finance, and Department of Financial Services, among other agencies.

Some of the most important criminal-defense work happens during the investigative phase, before any charges are filed. Witnesses need a practiced hand to steer them through the process of giving evidence in a criminal proceeding without ending up on the wrong side of it. Subjects and targets of an investigation need sound counsel as they confront an age-old dilemma: speak to investigators in the hopes of avoiding charges, with all the risk that entails, or prepare for a courtroom fight. We have led hundreds of clients through these early stages of a criminal case, and are ready to put our experience at your disposal.

Though we focus on white-collar cases, we also defend many “general” criminal charges like drug trafficking, burglary, robbery, abuse, and assault—particularly when the case involves an extra measure of legal, factual, or scientific complexity. In these matters, we are well-served by Tim’s experience as an Assistant Federal Defender, and Spencer’s experience litigating the scientific aspects of large pharmaceutical cases.

In commercial litigation, as in criminal litigation, the stakes are high and creativity, efficiency, and legal acumen are at a premium. Before founding Hoover & Durland LLP, we spent many years working in large law offices where, in addition to our criminal case loads, we handled a variety of complex civil litigations for our business clients. Our experience includes cases involving theft of trade secrets, breach of contract, breach of fiduciary duty, fraud, violation of the False Claims Act, and violation of various consumer-protection statutes.

A litigant who disagrees with a trial court’s decision usually gets a chance to appeal. Appellate advocacy differs significantly from trial advocacy, however, and not all trial lawyers excel in both arenas. When an appeal is especially significant, a client may consider investing in seasoned appellate lawyers. If you are considering this option, we’d like to discuss it with you. Tim has argued 44 appeals, including 36 before the United States Court of Appeals for the Second Circuit and 2 before the New York Court of Appeals. Spencer has argued five appeals, including three before the Second Circuit, and has briefed many more.