“Blockbuster piece of evidence”: Experts say recording “fatally undermines” Trump’s entire defense
“Trump’s taped conversation, as reported, fatally undermines one of his earliest defenses, that he could declassify national security documents at will,” former federal prosecutor Kevin O’Brien told Salon. “No credible person has believed Trump’s defense. If reports of the taped conversation are accurate, Trump himself didn’t believe it either.”
He added that the context of Trump’s reported remarks is even more interesting since at the time of the alleged conversation, General Mark Milley was Chairman of the Joint Chiefs of Staff.
June 1, 2023
Legal experts: Trump could be charged under “Espionage Act” over report that he showed off docs | Salon
“The news report suggests an escalation in the seriousness of the charges Trump faces,” former federal prosecutor Kevin O’Brien told Salon. “Evidence that he showed highly sensitive documents to third parties implicates the Espionage Act, which forbids willfully conveying such a document ‘to any person not entitled to receive it,’ or willfully failing to deliver the same on demand to a government officer or employee entitled to receive it. Trump appears to fall under both prongs of the statute, which is punishable by up to 10 years in prison per violation.”
May 30, 2023
Meadows may be quietly cooperating with DOJ — experts say that could mean it’s “game over” for Trump | Salon
“Meadows’ truthful cooperation would be a godsend to Smith’s investigation of the January 6th conspiracy,” former federal prosecutor Kevin O’Brien told Salon.
“As Trump’s chief of staff, Meadows shadowed Trump throughout the period of the conspiracy, and would have been privy to the ex-president’s plans and interactions as he summoned an armed mob to the Capitol, fired them up with his speech at the Ellipse, and then watched as they stormed the Capitol building and looted its contents.”
May 23, 2023
Theranos founder Elizabeth Holmes is going to prison. Here’s what to know. | Washington Post
The five-year process leading to Holmes’s conviction has been long and complex, and an appeal would likely take a long time to litigate, according to Kevin J. O’Brien, a partner at Ford O’Brien Landy and former assistant U.S. attorney.
“The case was so well-combed. [Holmes] had a very impressive legal team” who “left no stone unturned,” O’Brien said. Given that, he added, “it’s just hard to see what critical legal issue would remain that the court of appeals would weigh in on in such a way as to overturn the conviction.”
Del. Court Trims Biotech Investors’ Stock Transfer Suit | Law360
On Thursday, Adam C. Ford, an attorney for the Parseghian trusts, told Law360 in an emailed statement that “we are very pleased with the court’s ruling which maintains the core of the allegations against both Computershare and Frequency, and clarifies the law regarding the duties of transfer agents.
These letters seem to indicate the DOJ taking a harder stance on campaigns taking money from suspected criminals — and could be considered an “aggressive practice,” said Kevin O’Brien, a partner at Ford O’Brien Landy LLP and former assistant U.S. Attorney for the Department of Justice.
Ford O’Brien Arrives In Miami With Ex-Kobre & Kim Litigator | Law360
New York-based white collar defense and commercial litigation boutique Ford O’Brien Landy LLP has opened a Miami office led by a former Kobre & Kim attorney who will also head the firm’s Latin America practice.
Ford O’Brien Landy LLP Launches Miami Office with New Partner
Ford O’Brien Landy LLP, a white-collar defense and commercial litigation boutique law firm headquartered in New York City, is pleased to announce that Gabriela Ruiz has joined the firm as partner, effective May 15, 2023, to coincide with the opening of the firm’s new Miami Office. Gaby will be the managing partner of the Miami office and will lead the firm’s Latin America practice.
George Santos Indictment Underwhelms, Leaves Lingering Suspicions | Bloomberg
Kevin O’Brien, former US Attorney in the Eastern District of New York, analyzes that district’s 13-count indictment of US Rep. George Santos, noting its sometimes-garden-variety allegations that are still shocking given his public office.
“Rep. George Santos’s long-awaited indictment is both shocking and underwhelming.”
“Admission of guilt”: Expert says Trump’s refusal to testify may be “evidence of fear and cowardice” | Salon
The women who have testified in the case so far have demonstrated “Trump’s pattern of or propensity to sexual abuse,” which Carroll promised to show in opening statements of the trial, former federal prosecutor Kevin O’Brien told Salon last week.
He added that it’s “not a good look” for Trump to decline to testify at his own trial.
Ex-prosecutor: Trump lawyer “violated most of the rules of good cross-examination” | Salon
Trump Won’t Testify in E. Jean Carroll Trial Over Lawsuit Alleging Rape | Bloomberg
May 2, 2023
“In effect, the case is over”: Legal experts say Carroll’s testimony was emotional “home run” | Salon
April 27, 2023
Former prosecutor: Opening argument suggests Carroll’s “case will be powerful” | Salon
1 year after acquittal, Husel attorney says he was unfairly painted as ‘villain’ | ABC6
April 20, 2023
Dr. Husel’s $20 million lawsuit aimed at getting ‘name and life back’ | WOSU
April 19, 2023
“Potentially more explosive”: Expert warns next trial may be “fatal to Trump’s political future” | Salon
“Although Trump’s recent criminal indictment and ongoing grand jury investigations have been the focus of much attention, E. Jean Carroll’s parallel civil suits, accusing him of rape and defamation, are potentially more explosive,” said Kevin O’Brien, a former federal prosecutor.
April 18, 2023
William Husel claims ‘malicious prosecution’ in $20M lawsuit against Mount Carmel owner | NBC4
“These actions did not violate any policies of the hospital or of Trinity, nor did they violate any nationally accepted standards for the use of opioid medications for treating pain associated with the dying process in patients,” Attorney Robert S. Landy wrote. “The MC West investigation uncovered no indication whatsoever that Dr. Husel intended to hasten death or do anything other than make the dying process easier for his patients.”
April 14, 2023
Are ‘more serious’ legal woes ahead for Trump? Experts say NYC case may be least of his worries | USA Today
“It doesn’t get more serious. It’s just short of treason,” said Kevin O’Brien, a former federal prosecutor now at Ford O’Brien Landy LLP. “But the case is massive. It’s diffuse. There are dozens of witnesses, many of whom I would imagine are not being particularly cooperative.”
April 14, 2023
Doctor acquitted in 14 patient deaths sues health system | Seattle Times
“A malicious prosecution case says that a person complains to the authorities for the purpose of getting you arrested and indicted, as opposed to good faith belief that you’ve done something wrong,” Landy said. “It only works if the defendant is acquitted.”
Counsel for Dr. Husel: Robert S. Landy and Adam C. Ford
April 13, 2023
“Still No Clarity For 8 Charged Discord Traders, Judge Says” | LAW 360
Matthew A. Ford of Ford O’Brien Landy LLP, counsel for Constantinescu, told the court that the 21-count indictment, which accuses the men of profiting $114 million between January 2020 and April 2022, isn’t specific enough for defense counsel to identify exactly which statements each defendant made that were allegedly false.
“It was a quick trade,” he said. “There was no long-term strategy.”
But Ford told the court that his client’s posts were simply price predictions and that securities law doesn’t forbid people from making predictions online.
“There is nothing in securities law that requires someone to hold a stock indefinitely as the price is going down,” he said.
When he denied the motion for bill of particulars, Judge Hanen said most of the arguments Ford made Wednesday were more suited for a summary judgment motion or a motion to dismiss.
“What Mr. Ford was arguing was that when all this is said and done, this ain’t a crime,” the judge said.
April 12, 2023
Expert: Trump fighting Pence testimony because he may have “revealed his criminal state of mind” | Salon
“Pence’s testimony could be highly significant because of his close proximity to Trump and [his] ongoing campaign to pressure Pence to overturn the 2020 election results,” former federal prosecutor Kevin O’Brien told Salon. “Trump may have explained to Pence his illegal plans and revealed his criminal state of mind.”
April 11, 2023
The Deepening Predicament of Bankman-Fried | Reuters
Kevin J. O’Brien, a former assistant U.S. attorney, seasoned trial lawyer and partner at Ford O’Brien Landy states “The real point of the daunting new indictments may be to deter Bankman-Fried and his counsel from even testing the government’s case at trial.”
April 10, 2023
‘He Has To Take It To the Limit’: Trump Pushes Legal Envelope Post-Indictment | RealClearPolitics
Kevin O’Brien, a former assistant U.S. attorney, told RCP that statements Trump made on the stump could come back to haunt him in court. “They’re admissible, if relevant to some issue in his case,” he said before Trump began his remarks. “The rub would be proving what he actually said – ordinarily this would require some kind of recording.”
April 5, 2023
“It can lead to additional charges”: Experts say Trump’s plan to “rough up” DA could badly backfire | Salon
“If Trump’s attacks against Bragg continue, he could provoke a gag order, which would restrict his ability to talk about his case out of court, said Kevin O’Brien, a former federal prosecutor and white-collar lawyer at Ford O’Brien Landy LLP.
“The precedent of January 6th would probably be uppermost in the court’s mind, so Trump does not have the luxury of a clean slate,” O’Brien told Salon. “Having said that, most judges would be extremely reluctant to impose a gag order on a criminal defendant, which would fly in the face of the First Amendment.”
April 4, 2023
Crypto Crash: What was behind the collapse of crypto giant FTX? And what does it say about other digital currencies, and the collision of tech and finance? | Scripps
“He was a pretty awesome, figure because of his reputed skill and intelligence and wisdom on the subject of digital currency,” said Kevin O’Brien, a former federal prosecutor for the U.S. Department of Justice.
“You never mix client assets with assets that are part of a hedge fund operation and are inherently speculative in nature,” O’Brien said. “And this really was the core of the case against him.”
April 2, 2023
Trump indicted over hush money; first former president in U.S. history to face criminal charges | Washington Times
“Kevin O’Brien, a former assistant U.S. attorney, said the indictment of Mr. Trump is “serious on several levels, even if it winds up only being a misdemeanor charge.”
“First, Trump will have to appear as a defendant in court and answer criminal charges — for the first time,” he said. “He can spin as only he can, but the charges are solemn, public, and voted on by a body of his peers. Second, while Trump will move to dismiss on various grounds, the motions are unlikely to succeed and he will have to submit to a public trial if he wishes to vindicate himself. Third, the indictment may break the spell that has seemingly protected Trump for so long. Other criminal investigations are out there.”
March 30, 2023
SDNY Judge Places Subpoena Restrictions On Prosecutors | Law360
“The remedy that the government has offered is sufficient in this instance,” the judge wrote, adding that Goel has one week to decide on which option he will take.
March 23, 2023
Bahamian Whistleblower Accused of Fabrication – Guy Gentile
The latest update on our Guy Gentile case.
March 23, 2023
Partner Kevin O’Brien was recently a guest on Michigan’s Big Show
Kevin J. O’Brien, Former Assistant US Attorney for the Department of Justice, seasoned trial lawyer and partner at Ford O’Brien Landy
March 23, 2023
Trump Bid To End Ga. Election Probe Premature, Experts Say | Law360
Kevin J. O’Brien, told Law360 that Trump’s request is unlike a typical motion to quash because “no-one’s calling for him to do anything.”
“It’s not clear what the practical remedy they’re really seeking is,” O’Brien said. “Do they want some clerk to collect all the hard copies [of the grand jury’s report] and burn them?”
March 16, 2023
Ex-Goldman Banker Can’t Subpoena Trading Pal, Feds Say | Law360
Goel is represented by Adam C. Ford, Nicolette Beuther and Anjula Prasad of Ford O’Brien Landy LLP
March 16, 2023
8 Charged In Discord Scheme Must Wait For Details From Feds | Bloomberg
Constantinescu’s counsel asked the court to dismiss the final count of the indictment, which accuses him of “engaging in monetary transactions in property derived from specified unlawful activity.”
Matthew Aaron Ford, his attorney, told the court that the portions of the U.S. Code that the count references, Title 18 Sections 1349 and 1957, don’t specifically list securities fraud as a crime.
“It’s clear from the plain language of the statute … it’s not intended to be covered,” Ford said.
March 14, 2023
Ex-Goldman Banker Facing Insider Trial Cut Off by Insurer | Bloomberg
A former Goldman Sachs Group Inc. vice president who goes on trial for insider trading in June is scrambling to pay for his legal defense after he was cut off by the bank’s insurers. Brijesh Goel, who has pleaded not guilty to providing inside information about Goldman deals to a squash buddy, sued AIG on Monday in New York state court over its decision to stop covering legal bills that have already totaled at least $5 million.
March 13, 2023
Trump Grand Juror Stirs Uproar by Hinting at Panel’s Discussions | Bloomberg
The foreperson of the special grand jury investigating Donald Trump’s efforts to overturn Georgia’s election results has complicated the work of prosecutors with a series of surprisingly frank media interviews but is unlikely to get any potential cases thrown out.
Former federal prosecutor Kevin O’Brien said Kohrs’ remarks won’t affect any criminal cases because the special grand jury on which
she sat had no power to indict and only made recommendations. “To the extent Ms. Kohrs’ comments reflect on the proceedings before the special grand jury, they are irrelevant to Ms. Willis’ charging decisions and any votes by the regular grand jury, which are the only votes that matter,” he said” There has been a lot of concern about how secure these assets are,” said Kevin O’Brien, a partner at Ford O’Brien Landy LLP and a former federal prosecutor.
February 22, 2023
SEC Proposes Rule That Could Squeeze Crypto Platforms | Wall Street Journal
The Securities and Exchange Commission voted 4-1 Wednesday on a proposal that would expand the types of assets that investment advisers, such as hedge funds and pension funds, are required to hold using qualified custodians.
“There has been a lot of concern about how secure these assets are,” said Kevin O’Brien, a partner at Ford O’Brien Landy LLP and a former federal prosecutor.
February 15, 2023
Ex-Goldman Banker Can’t Inspect Recording Device, Feds Say | Law360
Goel said in his motion that the indictment relied heavily on the “largely unintelligible” recordings of two conversations in English and Hindi that were recorded by Niranjan, who worked at a different New York City investment firm.
Brijesh Goel is represented by Adam C. Ford, Anjula Prasad and Nicolette Beuther of Ford O’Brien Landy LLP.
February 6, 2023
The house that helped secure Sam Bankman-Fried’s $250 million bail package reportedly sits on land his parents leased from Stanford | Business Insider
“The whole point is not to keep him in jail, but to secure his appearance when the court wants him,” said Kevin O’Brien of Ford O’Brien Landy LLP, who has previously been a federal prosecutor in Brooklyn.
January 31, 2023
Trump Not Scared by Judge’s Million-Dollar Smack, Experts Say | Bloomberg
Kevin O’Brien, of Ford O’Brien Landy LLP, was quoted in a recent Bloomberg article:
“Trump’s conduct will not change,” O’Brien said. “First there will be the time-consuming and frivolous appeals. Then, because the penalty was imposed ‘jointly and severally’ on both Trump and his lawyer, Ms. Habba, Trump will not pay, leaving Habba to shoulder the entire penalty on pain of keeping her law license.” He predicted that Trump “will emerge unscathed.”
January 23, 2023
Trump Election Probe Report May Show Case for Charges | Law360
Kevin O’Brien, a New York-based partner at Ford O’Brien Landy LLP who specializes in white collar defense, has no involvement in the case, but like many, he’s been following its progression. He says there’s a good chance the grand jury’s report, detailing the scope of testimony and evidence, will recommend that Trump and others face criminal charges.
“You have to ask yourself why would the judge schedule a hearing if the grand jury did not recommend indictment,” O’Brien said. “If that’s the case it’s kind of a nullity and there’s no need to publish it. I don’t think you’d be going through this exercise if [the jurors] hadn’t voted to indict, and nor would they have recommended that the report be published.”
January 23, 2023
Bankman-Fried Blog ‘Nightmarish’ for His Attys, Experts Say | Law360
“One can argue that SBF has cleverly constructed a straw man that he can knock down, without addressing the main allegations of the indictment,” said Kevin O’Brien, a New York-based partner at Ford O’Brien Landy LLP who specializes in white-collar criminal defense. He called Bankman-Fried’s blog post “good PR.”
“But will it serve him when his criminal case goes to trial? It might sway some jurors, but, as someone once said, ‘Facts are stubborn things,'” O’Brien said.
January 13, 2023
Ex-Goldman Banker Rips Feds for Premature Subpeonas | Law360
Goel is requesting that the court order prosecutors to produce all subpoenas issued in the case with dates before or on the trial date, quash the improper ones, and bar the government from introducing evidence that was received as a result of them.
January 11, 2023
The Plea of Innocence of Sam Bankman-Fried and Its Significance for Investors | Tez Live News
Kevin J. O’Brien, a former U.S. Assistant U.S. Attorney at the Department of Justice, specializes in white-collar crime defense and commercial and securities disputes. He sees how this thing can go like chess pieces moving around a chessboard. “They have very smart lawyers who have been proactive,” O’Brien said of Ellison and Wang’s move. “They went to the government and said we had information for you. But in return, you must make a deal with my clients. And that’s probably what both of these people got. They have reduced fees or a bit of a break when it comes to sentencing.”
January 8, 2023
House Jan. 6 Committee Recommends Criminal Charges Against Trump, Lawyer Eastman
“The Justice Department has an obligation to determine for itself whether the evidence warrants an indictment,” said Kevin J. O’Brien, who now specializes in white-collar criminal defense as a partner at Ford O’Brien Landy LLP. “And those standards are high.”
December 21, 2022
Here Are the Laws Trump Allegedly Broke, According to the Jan. 6 Committee | Bloomberg
Former federal prosecutor Kevin O’Brien said the criminal case proposed by the committee “is not easy,” given that Trump and the other potential targets are “sophisticated actors” who’ve all lawyered up. Plus Trump can avail himself of defenses that are rare, such as the First Amendment, said O’Brien.
December 20, 2022
A Trump Indictment Requires the DOJ to Follow These Steps | Bloomberg Law
Former federal prosecutor Kevin O’Brien lays out the steps the DOJ must take when deciding to pursue criminal charges against former President Donald Trump following the recommendations of the Jan. 6 committee.
December 20, 2022
Investors Say NY EB-5 Center Misled Them from the Start | Law360
The coalition of 107 individual investors filed a memorandum Friday in the Southern District of New
York accusing the defendant, New York City Regional Center LLC, of choreographing the alleged
scheme from the project’s inception.
December 13, 2022
Crypto CEO Wants SEC Pump-and-Dump Suit Trimmed Again
Ladd says the allegations of his personal fraud were disproved in discovery, and in regard to the aiding and abetting allegations, Ladd says that “with no depositions taken of any witness to those actions, no witness who can admit to or provide admissible evidence regarding conduct, and no other evidence, aiding and abetting liability cannot attach here.”
November 23, 2022
Why Thomas Barrack’s Acquittal Is Good News for Trump | Reuters
Kevin J. O’Brien states, “The lesson from the Barrack trial is that a defendant with a strong personality can dominate a case with less than overwhelming jury appeal and win.”
November 22, 2022
Ex-Goldman Banker to Face June Insider Trading Trial
Goel is accused of tipping off his business school friend and squash partner about deals Goldman was considering financing. The friend then placed call options on acquisition targets and split his trading profits with Goel, according to the indictment.
November 18, 2022
The Challenges for New York’s Legal Action against Trump | Reuters
New York Attorney General Letitia James’ massive fraud lawsuit is a significant development in Donald Trump’s legal battles, leading some commentators to believe it is the game-changer that may finally bring him down.
Kevin J. O’Brien, partner at Ford O’Brien Landy LLP, writes that there are three main challenges that will likely complicate James’ ability to prosecute the former president and his co-defendants (including his New York companies) successfully.
October 5, 2022
Attorneys at Ford O’Brien Landy LLP Acknowledged by Super Lawyers for Acclaimed Legal Services
Five attorneys at Ford O’Brien Landy LLP were recently recognized by Super Lawyers for providing outstanding legal services. Congratulations to Kevin O’Brien, Adam Ford, Robert Landy, Matthew Aaron Ford and Nicolette Beuther, who were all recognized by New York Metro Super Lawyers this year!
October 3, 2022
Read New York Metro Super Lawyers
Justice for Victims of the Beirut Blast
“The plaintiffs, advised by Ford O’Brien LLP, an American law firm, say it was neither coincidence nor happenstance. Spectrum knew that it had entered into these contracts with a highly corrupt, highly dysfunctional state.”
September 21, 2022
Prosecution vs. Politics: Can AG Garland Pursue Trump Probes without Influencing the Midterms? | USA Today
Partner Kevin J. O’Brien states: “In investigating Trump, the Department of Justice should disregard its self-imposed rule of thumb that disfavors indictment within 90 days of an election, in this case the upcoming congressional elections.” Otherwise, the result “could easily delay a trial until November 2024” at the earliest, which “would be disastrous for the country, if only because Trump would be free to run for president again.”
September 19, 2022
Trump Documents Will Be Reviewed by Retiring Judge Named Special Master | Bloomberg
Kevin O’Brien, a former federal prosecutor in Brooklyn who worked closely with Dearie on a public corruption case, said the office often competed with Giuliani for high-profile cases. Dearie “wasn’t overtly political at all,” said O’Brien, now a partner at Ford O’Brien Landy LLP in New York. “He labored in the shadow of Giuliani who would try to poach and take credit on at least one occasion. Ray didn’t play politics, he just went about the office’s business. Dearie as US Attorney never let Rudy Giuliani in the other district distract him from his job. He ‘will play it straight’ and do it expeditiously. He knows there’s a weighty investigation waiting in the wings.”
September 16, 2022
Bannon Defiant After Pleading Not Guilty to N.Y. Fraud Charges | Bloomberg Law
Kevin O’Brien, a former federal prosecutor, predicted Bannon would continue to argue that the New York case was vindictive and driven by political bias.
“There may in fact be some truth to this claim,” said O’Brien. “Arguably, scarce prosecutorial resources in New York could have been far better spent, but it falls short of a viable defense to the legal charges against Bannon.”
September 9, 2022
Broker Loses Bid to Toss SEC Suit Citing Bahamian Law | Law360
Even if the SEC obtains a favorable judgment in Florida, Gentile argued, it would be unable to collect
funds from SureTrader because the agency failed to preserve its status as a potential creditor by not
submitting proof of debt in the company’s liquidation proceedings.
September 6, 2022
Chinese Investors Say Regional Center Hid Growing Obstacles
The investors, who are represented by Robert Landy of Ford O’Brien Landy LLP, laid out a yearslong scheme for the court in which the regional center allegedly misled potential investors about the security and scope of the investment and hid various setbacks from current investors, all while continuing to reap administrative fees.
September 1, 2022
Russia’s VTB Bank hires new lawyers in bid to reverse court’s default ruling | Reuters
Robert Landy, a partner with Ford O’Brien Landy and one of the lawyers seeking to defend the Russian bank, said Tuesday that the justice system “cannot function unless all parties are able to participate” and that the firm “welcomes the opportunity” to work with VTB.
September 1, 2022
Weisselberg’s guilty plea: a legal coup for Donald Trump? | Kevin J. O’Brien | Reuters
“The best option for Trump may be to have the Trump Organization plead guilty and thereby avoid trial altogether. Trump would dodge another bullet, but at the cost of possibly putting his company out of business.”
August 31, 2022
DOJ Says Some Records FBI Seized at Mar-a-Lago May Be Privileged | Bloomberg
“Kevin O’Brien, a former federal prosecutor who’s now a white-collar criminal defense attorney, said the Justice Department’s use of a privilege team is ‘standard operating procedure. It would not be surprising if some privileged materials are found, since we know Trump has been represented by counsel during the process of his negotiations with the government over the return of the materials,’ O’Brien said. ‘If that is the case, it would not in anyway undermine a potential criminal prosecution if the DOJ has taken steps to properly segregate the documents and wall off the review team from interactions with the investigative team.'”
August 29, 2022
The Tom Sumner Program: Interview with Kevin O’Brien
Ford O’Brien Landy LLP partner Kevin J. O’Brien discusses the January 6 events at a political round table on the Tom Summer Radio Show.
August 12, 2022
Florida Judge Won’t Sanction SEC in Suit Against Informant
In the hearing, Gentile’s attorney Adam Ford said that he was notified May 9 by the SEC that the
agency had received about 11,000 emails from one ex-employee of SureTrader and 33,000
documents from another ex-worker, both of whom had turned them in voluntarily.
August 3, 2022
Is There Enough Evidence Yet to Indict Trump? | Bloomberg Law Podcast
Partner Kevin O’Brien, with Ford O’Brien Landy LLP, discusses whether the January 6th Committee has introduced enough evidence to get the Justice Department to indict former President Donald Trump.
July 26, 2022
Foundation: $250 Million Lawsuit Filed Over Beirut Blast | The Washington Post
Our law firm has been quietly working on this case for the past two years. It is an honor to represent the brave plaintiffs who have come forward to assert their rights, and to work alongside Swiss co-counsel Zena Wakim, and Walid Sinno, at Accountability Now. Just the first step.
July 20, 2022
Delaware Court Restores Startup’s CEO, CTO Jobs After Purge | Law360
A Delaware Chancery Court Judge ordered shareholders of startup Parity Technologies Inc. to reinstate the company’s dueling chief executive officer and chief technology officer.
July 20, 2022
4 Takeaways from Ex-Theranos Exec Balwani’s Fraud Verdict | Law360
Ford O’Brien Landy LLP partner Kevin O’Brien, a white collar defense attorney and former federal prosecutor, said the fact that Holmes, who testified in her defense, received a partial acquittal while Balwani, who didn’t testify, was convicted of all counts suggests that Holmes effectively swayed at least some jurors.
July 11, 2022
A Statement in Response to Recent Supreme Court Decisions
This statement represents the commonly-held personal views of the seven partners of Ford O’Brien Landy LLP, and no employee of the firm was asked to endorse this statement in advance of its publication.
June 30, 2022
Donald Trump Could Be Illegally Tampering with Jan. 6 Witnesses, Legal Experts Say | HuffPost
Kevin O’Brien, a former federal prosecutor, told HuffPost it would be illegal to try to affect witness testimony as the Jan. 6 committee investigates the Capitol riot.
June 30, 2022
The Dan MacDonald Show: SCOTUS Overturns Roe v Wade
Legal expert Kevin O’Brien, a partner at Ford O’Brien Landy LLP, weighs in: SCOTUS OVERTURNS ROE v. WADE
June 28, 2022
Roe v Wade: Legal Experts See Limited Opportunities to Challenge Court Ruling | The Guardian
Kevin O’Brien, a partner at Ford O’Brien Landy LLP, pointed out that Roe v Wade was written 50 years ago. “Under the Warren court the writing was a little more casual and the justices wrote a broad
June 28, 2022
Former Assistant U.S. Attorney for Department of Justice Says DOJ Won’t Indict Trump on ‘Theory’ | Daily Kos
Kevin J. O’Brien states that the key to indicting Trump is for the House Select Committee investigating Jan. 6 to establish a real and verifiable “link” between the former president and the actions of the insurrectionists.
June 17, 2022
Ozy Media YouTube Exec Impersonation Suit Axed, For Now
A California federal judge axed, for now, a securities suit filed by an Ozy Media investor accusing the company of hiding that it was under government investigation after one of its founders impersonated a YouTube executive to solicit investments, finding that the suit didn’t identify any rules broken by the impersonation.
June 15, 2022
The Sussman verdict and the limits of political spin | Reuters
Kevin J. O’Brien, of Ford O’Brien Landy LLP, comments on the acquittal of Michael Sussman. “As I know from my experience as a former government prosecutor and now as a white-collar defense attorney, acquittal is a notable achievement in the federal criminal system, where prosecutors are victorious in the vast majority of trials. But this case was supposed to be about more than one defendant’s guilt or innocence.”
June 9, 2022
Judge to Ozy Media: Not All That’s Shocking Is Illegal | Reuters
May 5, 2022
Leak Likely to Spur Paranoia at High Court, Legal Pros Say | Law360
“I think paranoia is the word that will reign to some extent inside the court,” said Kevin O’Brien of Ford O’Brien Landy LLP.
May 4, 2022
White-Collar Criminal Lawyer Kevin O’Brien Weighs in on Developments in 1MDB Case
“Whether [Leissner] avoids prison entirely is an open question. Stranger things have happened,” says O’Brien.
April 26, 2022
Crypto Firm Touted by David Beckham ‘Fleeced Investors’
Adam Ford, a lawyer at Ford O’Brien Landy LLP, which is representing the investors, said: “I am surprised Mr. Beckham announced his involvement in a project that is still hiding its purported software from public view. My clients believe that any compensation he received is rightfully theirs and we are looking into how to recover it.”
April 18, 2022
Hopes for 1MDB Justice Fast Fading Away | Asia Times
“The defense had plenty of ammunition to make Tim Leissner the real bad guy here,” said Kevin J. O’Brien, a former assistant US attorney and seasoned trial lawyer specializing in white-collar criminal defense. “But it was always an uphill battle, given the documents that supported his accomplice testimony.”
April 15, 2022
Adam Ford, of Ford O’Brien Landy, Comments on Ban of Former Goldman Banker | Law360
Adam Ford, who’s representing Jiampietro, told Law360 on Thursday that his client “left the industry seven years ago to pursue other endeavors.”
April 8, 2022
Jiampietro’s Attorney, Adam Ford of Ford O’Brien Landy, Said His Client Left the Industry 7 Years Ago
“He fought every day to clear his name, but given the lapse of time and his future plans, the endless litigation no longer made sense,” Ford said in an emailed statement. “He is glad to put it behind him in the manner he did.”
April 8, 2022
DigitalBits, the Cryptosponsor of AS Roma and Inter, Accused of Fraud
According to lawyer Adam Ford, the company would have defrauded the very first investors — when DB was still unknown — by collecting their investments without paying them the equivalent in cryptocurrency.
April 7, 2022
To translate from Italian to English, we recommend opening this link in Chrome:
Judge Denies Gentile’s Motion to Hold SEC in Contempt
“Mr. Gentile is disappointed in Judge Martinotti’s decision, but he looks forward to winning his case against the SEC in the Miami action,” said Gentile’s attorney, Adam Ford, of Ford O’Brien Landy LLP.
March 31, 2022
Despite Defeat, Sarah Palin’s Defamation Suit Has Legs
Partner Kevin J. O’Brien states: “The case is far from over, however. Contrary to what some have predicted, it could possibly find its way to the Supreme Court.”
March 14, 2022
Goldman’s Top Execs Off Scot-Free at 1MDB Trial
Partner Kevin J. O’Brien on 1MDB trial:
“You can’t deny the imprint of Goldman Sachs in this scheme,” said Kevin J. O’Brien. “They were the immediate beneficiaries. They were forced to plead guilty, but no one outside of the Asian bank suffered any consequences in the criminal system. Only good lawyers who are well paid can produce results like that.”
March 12, 2022
Possible Holmes Testimony Hangs Over Sunny Balwani’s Trial | Law360
Partner Kevin O’Brien, a former federal prosecutor turned white collar defense attorney, noted that prosecutors also have benefited from trying their case once already. They’ve seen what works and what doesn’t, he said. “Their case has been road-tested too, and they may be stronger for it,” he said.
March 9, 2022
Chancery Asks If It’s Right Venue for Biotech Stock Drop Suit
Adam C. Ford, of Ford O’Brien Landy LLP, representing the Parseghian trusts, said the complaint made a reasonably conceivable argument that the trusts were victims, with related class Securities Exchange Act litigation pending in Massachusetts federal court naming both Lucchino and Frequency. Although disputed by Computershare, the suit also argued that the transfer company was acting as Frequency’s agent at the time.
March 4, 2022
Renée L. Jarusinsky, Former Deputy Chief of Public Corruption Unit for the New York County District Attorney’s Office, Joins the Firm
February 17, 2022
Ford O’Brien Landy LLP Opens New Location in Austin, TX
“This announcement highlights our commitment to the Austin market and reflects the accumulation of the great work we have been doing there over the past years,” said Adam Ford, co-founder of the firm.
February 15, 2022
Ford O’Brien LLP Announces Name Change, New Headquarters, Market Expansion
Ford O’Brien LLP is proud to announce that the firm has changed its name to Ford O’Brien Landy LLP, acknowledging the significant contributions of firm partner, Robert Landy.
February 15, 2022
Libor Reversal Draws Fine Line Between ‘Wrong’ and Fraud | Law360
Kevin J. O’Brien, of Ford O’Brien Landy LLP, told Law360, “Prosecutors should be especially careful before they bring market manipulation charges because the underlying facts are usually extremely complex and susceptible to self-serving hindsight.”
February 2, 2022
Doc Accused of Killing 14 Patients in the ICU: Upcoming Trial Notes Patient Safety Lapses
“None of the nurses ever thought that Dr Husel did anything to harm his patients or do anything other than provide comfort care during a very difficult time,” said Robert Landy, a New York attorney who’s representing the plaintiffs in the federal wrongful termination suit. “The real harm came in January 2019, when there were substantial policy changes that were detrimental to patient care and safety.”
January 28, 2022
The New York Times Covers Ford O’Brien Landy LLP Crypto Litigation
Adam Ford, of Ford O’Brien Landy LLP, states that the defendants in the DigitalBits XDB case “do not have a publicly accessible blockchain or anything to show other than big-dollar sponsorship deals and constant announcements that the real thing is coming.”
January 24, 2022
The story was also covered in the Italian publication, Avvenire.
“Criptovalute. Un grande investitore accusa DigitalBits: ‘Dietro non c’è nulla'”
Former DOJ Prosecutor: Holmes’ Verdict Anything but Routine
Elizabeth Holmes’ jury verdict was anything but routine, says former assistant U.S. attorney Kevin J. O’Brien, now partner at Ford O’Brien Landy LLP.
January 20, 2022
On BBC: Kevin J. O’Brien discusses the Elizabeth Holmes guilty verdict — 4 out of 11 federal charges
January 13, 2022
New York Cases to Watch in 2022 | Law360
Kevin J. Obrien states: “The Trevor Milton indictment has to be one of the most specific charging instruments ever — a 49-page speaking indictment in which the defendant does much of the speaking… A trial would pit prosecutors against a well-known and charismatic businessman.”
January 3, 2022
The Most-Read Securities Law360 Guest Articles of 2021
Kevin J. O’Brien’s article “Ripple’s Discovery Wins Over SEC Offer Defense Strategies” piqued Law360 reader interest this past year. #securities #law #securitiesregulation
January 3, 2022
Notes from the field: the trial of Elizabeth Holmes | Reuters
Kevin J. O’Brien writes, “While the verdict in this case has yet to be decided, the prosecution effectively inoculated itself against the defense’s possible arguments by presenting a broad range of authoritative testimony to the contrary.”
December 15, 2021
New Podcast Episode of The FCPA Compliance Report: Kevin J. O’Brien Discusses the Elizabeth Holmes Trial
Kevin J. O’Brien takes a deep dive into the Elizabeth Holmes trial, critiquing both the prosecution and defense with The Voice of Compliance, Tom Fox.
December 6, 2021
Ex-Informant Says Florida Court Can’t Hear SEC Suit
Amid his related bid to hold the agency in contempt for violating a New Jersey federal court order, the ex-informant raised a jurisdictional challenge in asking the Florida court to toss an SEC complaint.
December 3, 2021
Bracing for the End: A Q&A on Rittenhouse Trial Strategy with Ford O’Brien Landy LLP’s Kevin J. O’Brien
November 17, 2021
Hospital Must Turn Over Documents in Defamation Case
A federal judge has ruled that Mount Carmel must turn over documents, part of a back and forth over keeping them privileged. Attorneys with Ford O’Brien Landy LLP are representing a group of mostly nurses who filed a defamation suit.
November 15, 2021
Twice-Sued Former Broker Accuses SEC of Forum Shopping
Gentile claims the SEC flouted an October 2020 ruling dismissing a stock manipulation lawsuit against him in New Jersey, but then sued him in Florida. Adam C. Ford filed a motion arguing that the new lawsuit was an attempt to forum shop.
November 4, 2021
Ex-Informant Wants SEC Held in Contempt Over Suit Filing
Adam C. Ford, of Ford O’Brien Landy LLP, recently filed a motion asking a New Jersey federal court to demand that the SEC explain why it should not be held in contempt.
November 3, 2021
Analyzing the Varsity Blues Verdict
Partner Kevin J. O’Brien states: “From my perspective, the prosecution was notable for an aggressive use of the wire and mail fraud statutes and a strategic distinction that raised legitimate questions the defense was unable to pursue”. #whitecollar #litigation
November 3, 2021
Ford O’Brien Landy LLP Attorneys Again Recognized by Super Lawyers for Acclaimed Legal Services!
Kevin O’Brien, Adam Ford, Robert Landy and Matthew Aaron Ford have all been selected as 2021 New York Metro Super Lawyers! Selections are based upon “peer recognition and professional achievement” and include only a small percentage of the lawyers in the state. We are honored to have our amazing attorneys recognized in this year’s edition!
October 26, 2021
See New York Metro Super Lawyers 2021
Ripple’s Discovery Wins Over SEC Offer Defense Strategies
Kevin J. O’Brien is featured as an expert analyst and discusses the SEC v. Ripple Labs case. The question posed in the case is whether Ripple’s digital token, XRP, is an investment contract and therefore a security under the federal securities laws.
August 2, 2021
SEC’s Oil and Gas Investor Fraud Suit Overreaches, Motion Says
Ford O’Brien Landy LLP, represents the defendants.
July 22, 2021
Alexander Shapiro Was Recently Published in the New York Law Journal
“Judicial Cross-Currents in Debtor and Creditor Law §278”
July 9, 2021
June 24th Webinar to Feature Partner Kevin J. O’Brien as a Panelist Discussing the Meng Wanzhou Case
Partner Kevin J. O’Brien will be a panelist at a Lexology webinar on Thursday, June 24th, discussing the Meng Wanzhou case. Please see this announcement for more details.
Registration info is also available here.
June 22, 2021
SEC Sues Trader Who Teased ‘F—YOUDOJ’ License Plate
Adam Ford, an attorney representing Gentile, told Law360 on Monday that the SEC’s latest complaint against Gentile “is an embarrassment for what was once a reputable government agency.”
“We expect to get these bogus allegations promptly dismissed, as we have with the prior three complaints the agency filed against him,” Ford added.
March 23, 2021
Hospital Dodges Records Request Over Deaths, For Now
Robert S. Landy of Ford O’Brien Landy LLP, representing the plaintiffs, told Law360, “The court’s ruling means that the defendants will no longer be able to conceal the foolhardy rush to judgment, and the rash actions, that are at the core of the plaintiffs’ claims. We are pleased with the opinion, and believe it will help bring the truth to light.”
February 10, 2021
Crypto CEO Claims Trimmed In SEC Pump-And-Dump Suit
Adam Ford, an attorney for Ladd, told Law360 that “we are pleased with the judge’s decision to dismiss the two counts that he did, as they never should have been filed. My client looks forward to fully clearing his name of the remaining baseless fraud claims at trial.”
January 29, 2021
Alexander H. Shapiro, Former Assistant U.S. Attorney, To Strengthen The Firm’s White Collar, Commercial Litigation, And Appellate Practices
January 19, 2021
A Statement On The Events Of January 6, 2021
January 7, 2021
Could Injunctions Become The SEC’s Next Headache?
A recent article gives a shout-out to attorney Adam Ford’s perseverance and skill in representing our client in what could be a breakthrough case.
December 1, 2020
Ford O’Brien Landy LLP Attorneys Recognized In 2020 New York Metro Super Lawyers!
Join us in congratulating three Ford O’Brien Landy LLP attorneys who were recently recognized in this year’s New York Super Lawyers and Rising Stars lists!
- Kevin J. O’Brien is named as a New York Super Lawyer
- Adam C. Ford is named as a New York Super Lawyer
- Matthew A. Ford is named as a New York Super Lawyers Rising Star
The digital version of 2020 New York Metro Super Lawyers Magazine contains the entire print publication.
Congratulations, Kevin, Adam and Matthew!
December 1, 2020
Ex-Informant Ruling Guides On Challenging SEC Enforcement
November 18, 2020
Second Circuit Stands Its Ground In Construing 28 U.S.C. §1782
Ever since the Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) sanctioned a liberal interpretation of 28 U.S.C. §1782 (“Section 1782”)—the statute permitting U.S. discovery in aid of foreign litigations—domestic litigants, anxious to mitigate the impact of this law, have been keeping the federal courts very busy.
November 10, 2020
SEC’s Whistleblower Amendments Are A Step Backward
October 1, 2020
Ex-Informant Again Beats SEC Suit Over Stock Schemes
September 29, 2020
Diversity Jurisdiction In The Second Circuit: The ‘Tagger’ Decision
Federal diversity jurisdiction appears at first glance to be a straightforward concept: a citizen of one state can sue a citizen of another state in federal court.
August 19, 2020
SEC Injunction Time Limits Safe From High Court Review
April 20, 2020
Ex-Informant Aims To Sink SEC’s ‘Pointless’ Stock Plot Suit
February 18, 2020
SEC Enforcement Actions After Kokesh
3rd Circ. Slams ‘Ridiculous’ SEC Delay In Ex-Informant Probe
January 15, 2020
Doctor charged in 25 deaths sues hospital for defamation
December 29, 2019
Read Full Article
Colleagues of doctor accused of killing patients by overprescribing pain medication sue hospital
December 21, 2019
Nurses defend Ohio doctor charged in deaths at hospital
December 21, 2019
Former Mount Carmel employees file lawsuit calling allegations against them and Husel false
December 21, 2019
Nurses defend Ohio doctor accused of murdering 25 patients in lawsuit against hospital
December 20, 2019
Nurses DEFEND Ohio doctor accused of murdering 25 patients with lethal doses of pain medications and say ‘no one broke policy’ as they risk losing their licenses
December 20, 2019
Former Mount Carmel colleagues defend Husel in new lawsuit
December 19, 2019
Former Mount Carmel Employees Defend William Husel In New Lawsuit
December 19, 2019
Ex-Gov’t Informant Can’t Pause SEC Suit Amid High Court Bid
November 22, 2019
Ex-Executives Ran JFK Airport Bribery Scheme, NY AG Says
November 19, 2019
Platinum Execs’ Fate Lies With Judge After Mixed Verdict
July 10, 2019
BREAKING: 2 Former Platinum Execs Convicted Of Fraud, Ex-CFO Walks
July 9, 2019
Jury Finds Platinum Partners Founder Guilty In Fraud Trial
July 9, 2019
SEC Isn’t Trying To Punish Broker-Dealer, 3rd Circ. Told
November 06, 2018
Avalon Holdings slump after 5 day surge
August 1, 2018
‘Rogue Informant’ Sues Puerto Rico Over Banking License Denial
July 5, 2018
Hotshot banker denied business license over ‘F–k you DOJ’ joke: suit
July 4, 2018
Broker Slams SEC’s 3rd Circ. Appeal In Penny Stock Case
June 15, 2018
Startup Working On Contentious Pentagon Ai Project Was Hacked
June 12, 2018
Ex-Goldman banker facing possible lifetime ban sues Federal Reserve
Ex-Goldman Banker Wants Final Fed Decision On Lifetime Ban
May 30, 2018
New York Pathologist’s Estate Under Fire in First-Ever Unsealed Qui Tam Case
January 23, 2018
Ex-Google worker flushed out of Brooklyn ‘safe house’ after owing investors more than $350G over failed startup
January 19, 2018
Suit Is Filed in NY’s First Unsealed Qui Tam Estate Tax Case
January 19, 2018
NJ Case Bolsters The Limitations Defense Against SEC
January 2, 2018
Tax Nonfilers Face Potential Liability Under New York FCA
December 23, 2017
Hotshot banker thankful for ‘fantastic’ decision on $17M SEC case
December 13, 2017
SEC Filed $17M Stock Scheme Suit Too Late, NJ Judge Says
December 13, 2017
Regulators, Whistleblowers And The Paradise Papers
Platinum Execs Say Insurers Must Give Cash For Defense
October 11, 2017
Judge all but tosses case against ‘rogue’ trader Guy Gentile
September 18, 2017
New Scrutiny for In-House Financial Court as Banker Faces Ban
August 21, 2017
FCA Cases: Protect Claims by Relying on NY’s Favorable Pleading Standard
August 16, 2017
Broker Says $17M Pump And Dump Claims Come Too Late
August 4, 2017
SEC won’t pursue $17M claw back case against rogue FBI informant
July 21, 2017
SEC Fights To Keep Alive Suit Over $17M Stock Scheme
July 21, 2017
SEC Suit Over $17M Stock Scheme Time-Barred, Broker Says
July 3, 2017
Judge Tells Platinum Investors To Butt Out Of SEC Dispute
July 3, 2017
Feds Drop Charges In $30M Pump-And-Dump Row, Cite Ruling
May 24, 2017
Ex-Execs Fight Discovery Freeze In $1B Platinum Fraud Suit
February 6, 2017
Charges Against Broker Dismissed In $17M Stock Scheme
January 31, 2017
Brokerage Owner Wins Dismissal of $17 Million Fraud Indictment
January 31, 2017
Landy Selected by Super Lawyers as a Rising Star for Litigation for a Third Consecutive Year
September 21, 2016
Ex-Goldman Exec Rips Arbitration Push In Fed Leak Fees Suit
September 1, 2016