Adam S. Lurie

Phone202 862 2461

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Experience & CredentialsOther Offices
 

Practice Areas

  • Commercial Litigation
  • False Claims Act
  • Intellectual Property
  • Litigation
  • Securities Enforcement & Investigations
  • White Collar Defense and Investigations
 
Contact InfoTelephone: 202 862 2461
Fax: 202 862 2400
http://www.cadwalader.com/professionals/adam-lurie
 
University Mary Washington College, B.A., 1996
 
Law SchoolYeshiva University, Benjamin N. Cardozo School of Law, J.D., magna cum laude, 2000
 
Admitted2001, New Jersey; 2002, New York; 2004, District of Columbia
 
Biography

A partner in Cadwalader's Litigation Department, Adam is an accomplished trial lawyer with an exceptionally broad practice representing clients in their most important disputes - civil, criminal and regulatory. He draws on his experience as a former federal prosecutor, senior Department of Justice (DOJ) and congressional official to provide clients outstanding advocacy, judgment and client service.

RECENT REPRESENTATIVE EXPERIENCE

Complex Civil Cases

•Microsoft, as trial counsel in a patent infringement suit involving online advertising technology.
New York Governor Andrew M. Cuomo in a civil rights and False Claims Act (FCA) suit pending in the Southern District of New York.
Prominent software company in disputes, including arbitration, involving alleged theft of trade secrets, breach of fiduciary duty, intellectual property infringement and breach of contract.
Fortune 50 company in sexual harassment and retaliation dispute and mediation. Plaintiffs received less than 2% of multi-million demand.
Fortune 50 company in state court proceedings and arbitration involving allegations of breach of fiduciary duty, conversion and unjust enrichment.
International shipping company and its President in FCA and breach of contract action. DOJ dropped its FCA claims, and cut its damages demand substantially.
American Jewish Committee as amicus before U.S. Supreme Court in support of Muslim prison inmate's appeal alleging violations of religious liberty.
Fortune 100 Chief Accounting Officer in securities and ERISA class actions involving allegations of inappropriate energy trading.
Estate of Enron Corp. in connection with dozens of breach of derivative contract lawsuits to obtain billions of dollars.

White Collar and Regulatory Matters

•Top multinational public company in its response to a DOJ and SEC inquiry regarding its compliance with the Foreign Corrupt Practices Act (FCPA).
Top non-profit healthcare provider in DOJ FCA investigation.
The British Virgin Islands in a dispute with United States Department of State.
Symplicity Corporation and its former CEO in a DOJ cybercrime investigation and prosecution.
Top public companies in internal FCPA investigations and compliance program reviews.
Senior financial institution officials in DOJ, SEC and CFTC securities fraud investigations.
Senior sales director of a life science company in a DOJ/FDA Anti-Kickback, off-label marketing and healthcare fraud investigation.
Senior corporate executive in an internal corporate campaign finance matter. Representation resulted in no negative findings against client.
Foreign country and investment funds concerning compliance with the Foreign Account Tax Compliance Act (FATCA).
Health care provider in a DOJ health care fraud matter.
General Counsel of top publicly traded company in federal criminal securities fraud action.

RECOGNITION

Adam has been widely recognized as among the best in his field. He is listed in The Best Lawyers in America and Super Lawyers; the international press has described him as a “top notch American lawyer”; and he is a two time recipient of the prestigious Burton Award for exceptional legal writing. Television and print media regularly call on Adam for commentary, including Bloomberg News, CNN, the Wall Street Journal, Reuters and Law 360. Adam has published numerous articles and is a frequent speaker at conferences concerning, among other subjects, trial strategy, white collar enforcement and defense, and developments in complex civil litigation. His articles have appeared in the National Law Journal, New York Law Journal, The Financial Fraud Law Report, Bloomberg BNA and various other publications.

Adam's clients have similarly recognized his advocacy skills, judgment and client service. Microsoft, for example, selected Adam to attend its 2013 Advocacy Academy, which trains the company's top outside counsel in advanced civil trial and advocacy techniques.

Adam is also an expert in federal sentencing. The United States Sentencing Commission has appointed Adam to its Practitioners Advisory Group, comprised of only 17 lawyers nationwide. Adam is the single voting member representing the District of Columbia Circuit defense bar, and he advises the Commission on federal sentencing policy, including on all proposed amendments to the Federal Sentencing Guidelines.

PRIOR EXPERIENCE

Before rejoining Cadwalader as a Partner, Adam was senior counsel to the Assistant Attorney General (AAG), Criminal Division, at the DOJ from 2010-2012. In this position, Adam provided advice to DOJ leadership regarding prosecutions, litigation strategy, and policy involving nearly every DOJ white collar priority, and especially the FCPA, securities and other financial fraud, money laundering, asset forfeiture, health care fraud and FDA matters. As the AAG's representative to the Financial Fraud Enforcement Task Force, Adam led a significant investigation into a major financial institution's derivative trading practices preceding the financial crisis, and was significantly involved in the creation of the DOJ/SEC FCPA Resource Guide.

From 2005 - 2009, Adam was an Assistant United States Attorney in Newark, New Jersey, where he was appointed by former U.S. Attorney and current New Jersey Governor Chris Christie to the Office's elite securities and health care fraud and political corruption units. He successfully tried numerous complex cases, including the conviction, after an 11-week jury trial, of the Chairman of the New Jersey Senate Budget Committee and a New Jersey medical school dean on pension fraud and corruption charges, and handled some of the Office's most significant FCPA, securities, corporate fraud, health care fraud and FDA, and corruption matters.

During the 111th Congress (2009 - 2010), Adam was named Chief Counsel for investigations and oversight on the U.S. House of Representatives Permanent Select Committee on Intelligence following press reports that CIA failed to inform Congress about the development of an intelligence program involving a federal contractor. Adam oversaw hearings and other inquiries, including those concerning allegations of misleading Congress, FCPA violations, fraud in federal contracting, cyber security efforts, and OFAC sanctions.

Following a clerkship with United States District Judge Clarence C. Newcomer, of the Eastern District of Pennsylvania, Adam began his career at Cadwalader as a litigation associate, where he specialized in civil litigation and government enforcement.

COMMUNITY SERVICE AND EDUCATION

Adam is committed to serving his community. He engages in substantial pro bono legal work, and also serves as a board member of the American Jewish Committee in Washington, D.C., on the advisory board of the Maryland / Israeli Development Center, and is an officer on the Yeshiva University, Benjamin N. Cardozo School of Law Alumni Executive Committee.

Adam is a magna cum laude graduate of Yeshiva University's Benjamin N. Cardozo School of Law, and of Mary Washington College (now University of Mary Washington). He was an editor on the Cardozo Law Review, and is a member of the Order of the Coif. Adam is a member of the New York, New Jersey and District of Columbia bars. Every January, Adam hosts and teaches a seminar for Cardozo Law School students concerning the practice of law in Washington, D.C.

News Releases

• Cadwalader Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America Aug 18, 2014

• Cadwalader Advises British Virgin Islands on Foreign Account Tax Compliance Act (“FATCA”) Intergovernmental Agreement with United States Jun 30, 2014

• Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014 Jun 27, 2014

• Cadwalader Files Amicus Brief in U.S. Supreme Court on Behalf of American Jewish Committee May 29, 2014

• Super Lawyers Recognizes Cadwalader's Washington, D.C. Attorneys Apr 25, 2014

• Cadwalader Partner Adam Lurie Appointed to Advise United States Sentencing Commission Nov 01, 2013

• Washington, D.C., Super Lawyers Recognizes 15 Cadwalader Attorneys May 01, 2013

• Cadwalader Adds Recognized Washington Attorney to Business Fraud Group Apr 02, 2012

Recent Press

• SEC's FCPA Crackdown Looms Over Small-Cap Cos. Jul 29, 2014

• How To Avoid Botching Your Internal Investigation May 22, 2014

• CFTC Issues 1st Whistleblower Award But Questions Linger May 20, 2014

• Herbalife Probe Set to Unlock Key to Pyramid Question May 06, 2014

• The Morning Risk Report: Global Anti-Corruption Push Means New Penalties Oct 29, 2013

• Word for Word: What is the best advice you have ever received? Apr 22, 2013

• The Push for New Cyber-Threat Disclosure Requirements Aug 01, 2012

• Senate Bill Would Boost Whistleblowers' Chances in Court May 15, 2012

• Former DOJ Official Joins Cadwalader in D.C. Apr 02, 2012

Recognition

• Cadwalader Attorneys, Practices Recognized in 2015 Edition of The Best Lawyers in America Aug 18, 2014

• Cadwalader Recognized Among Leading Firms in The Legal 500 US 2014 Jun 27, 2014

• Super Lawyers Recognizes Cadwalader's Washington, D.C. Attorneys Apr 25, 2014

• Super Lawyers Recognizes 15 Cadwalader Attorneys in Washington, D.C. May 01, 2013

Clients & Friends Memos

• First Amendment and Off-Label Promotion - Prosecute What I Do, Not What I Say Apr 21, 2014

• Supreme Court Holds That Sarbanes-Oxley Whistleblower Provision Applies To Employees Of Investment Advisers And Other Private Companies Mar 18, 2014

• Tempting Fate: Two Recent Federal Decisions Apply Fairness Test to Protect Attorney-Client Privilege in Face of Extrajudicial Disclosures Apr 18, 2013

• Ninth Circuit's Harkonen Decision Does Not Undermine Recent Second Circuit Precedent Establishing That Truthful Promotion Of Approved Drugs For Off-Label Use Is Protected By The First Amendment Mar 22, 2013

• Two Birds with One Stone: In Action Involving Civil RICO, Second Circuit Provides Defenses Against Mail Fraud and FLSA Allegations Mar 06, 2013

• Federal Court Finds that FDA Drug Approval is not Complete Defense to False Claims Act Allegation Involving On-Label Promotion Feb 21, 2013

• Worthless Services Can Be Costly: Nursing Facilities Enter Into CIA and Settle False Claims Act Suit Over Quality Issues Feb 06, 2013

• Second Circuit's Caronia Decision Striking Down On First Amendment Grounds The Criminal Conviction Of A Pharmaceutical Sales Representative For Off-Label Promotion Could Have Broad Implications Jan 04, 2013

• First Circuit Set to Weigh in on Significant Circuit Split Involving False Claims Act First to File Rule Nov 23, 2012

• FATCA May Open a Pandora's Box of Civil and Criminal Tax Liability for U.S. Persons Who Have Not Timely Paid Their U.S. Taxes or Filed Returns-Now Is a Critical Time to Consider Voluntary Disclosure Oct 22, 2012

• U.S. Court of Appeals for D.C. Circuit Affirms Exclusion From Federal Health Care Programs Under “Responsible Corporate Officer” Doctrine Aug 06, 2012

• A Hat Trick of Heightened False Claims Act Risks for Health Care Providers Jul 19, 2012

Articles

• UK Issues Sentencing Guideline for Individuals Convicted of White-Collar Offenses Aug 01, 2014

• U.K. Guidelines Emphasize Importance of Robust Programs Mar 17, 2014

• Privilege and Work Product Doctrine: Noteworthy Developments Mar 05, 2014

• DOJ seeks reversal of decision that could significantly impair False Claims Act enforcement Nov 18, 2013

• The HSBC DPA: A Former DoJ Prosecutor's Perspective Apr 08, 2013

• Golden Living Case Shows How 'Worthless Services' Can Be Costly Mar 20, 2013

• U.S. Foreign Account Tax Compliance Act: New Reporting Obligations on Foreign Financial Institutions about U.S. Individuals' Accounts, Investments Feb 01, 2013

• FATCA May Open Pandora's Box of Civil, Criminal Tax Liability; Now Is a Critical Time to Consider Voluntary Disclosure Dec 04, 2012

• 1st Circ. Set To Weigh In On FCA First-To-File Rule Dec 04, 2012

• FIRREA: Expect Substantial Anti-fraud Enforcement and Compliance Issues Jul 16, 2012

Events

• The False Claims Act: Critical New Developments Nov 13, 2014

• U.S. Sentencing Commission Advisory Group's Annual National Seminar Sep 18, 2014

• Representing Clients in White Collar Criminal Investigations Jun 04, 2014

• Federal Court Rules That Routine Compliance Investigative Records Are Not Privileged; What Now? Apr 09, 2014

• The American Bar Association's 28th Annual National Institute on White Collar Crime Mar 05, 2014

• Ombudsman Integrity Lecture Series Feb 27, 2014

• Detroit Midwest Regional Anti-Corruption Seminar Jan 16, 2014

• 22nd International Trust & Tax Planning Summit Nov 20, 2013

• Anti-Corruption Informational Series for India: Benchmarking and Disseminating Best Practices Oct 16, 2013

• 12th Annual Compliance & Ethics Institute Oct 06, 2013

• 1st Annual Regional Institute on Federal Criminal Enforcement Policy and Practice Oct 02, 2013

• Events In The Nation's Capital Continue To Impact Enforcement And Compliance Efforts Jul 09, 2013

• FCPA and Anti-Corruption for the Life Sciences Industry May 14, 2013

• Society of Corporate Compliance and Ethics - East Coast Regional Meeting Apr 12, 2013

• Impact of the FCPA Resource Guide Nov 28, 2012

• 28th National Conference on the Foreign Corrupt Practices Act Nov 15, 2012

• 20th Annual Ethics and Compliance Conference Oct 02, 2012

• Working as In-House Counsel: Career Path Insights Sep 24, 2012

• FIRREA: DOJ's Increased Use of Civil Fraud Statute Affect Anti-Fraud Enforcement and Compliance Jul 23, 2012

• Fellows Program Summer Meeting Jul 11, 2012

• Defense Industry Initiative Best Practices Forum Jun 20, 2012

• The Twenty-First Annual National Seminar on the Federal Sentencing Guidelines May 23, 2012

Newsletter

FCPA Advisor

• Will Independent Directors Be on the Hook for Failure of Internal Controls in FCPA Cases? Jul 15, 2013

• Allianz To Pay $12.3M To Settle SEC's Bribery Allegations Dec 19, 2012

• DOJ and SEC Issue FCPA Guidance Nov 19, 2012

• FCPA Allegations Involving Customs Clearance in Kazakhstan Jun 11, 2012

SEC Enforcement Advisor

• SEC Announces Largest Ever Whistleblower Award, Awards $30 Million to Foreign Whistleblower Oct 01, 2014

• Second Circuit Holds that Anti-Retaliation Provisions of Dodd Frank Act Have No Extraterritorial Application Aug 20, 2014

• Gatekeepers In the Enforcement Spotlight May 22, 2014

• SEC Announces Second Set of Whistleblower Awards Jul 01, 2013

• The SEC's New Policy on Seeking Admissions in Settlements Jun 28, 2013

White Collar Defense and Investigations Advisor

• AML Guidance Issued for Banks Seeking to Service Marijuana-Related Businesses Feb 27, 2014

• Department of Justice Files Amicus Curiae Brief In First Circuit Seeking Reversal of Decision That Could Significantly Impair False Claims Act Enforcement Aug 28, 2013

• SEC Issues Guidance on Conflict Minerals Rule Jun 10, 2013

• U.S. and Chinese Regulators Sign Historic Memorandum of Understanding Regarding Enforcement Cooperation May 31, 2013

• Southern District of New York Orders Chevron CEO and General Counsel to Testify in RICO Suit Related to $18 Billion Ecuadorian Judgment May 28, 2013

• European Union Pending Legislation Requiring Additional Transparency from Extractive Industries May 20, 2013

• A Brief Primer for Corporate Social Media Disclosures in Light of the SEC's Recent Guidance on Regulation FD Apr 08, 2013

• The Dodd-Frank Whistleblower Program: An Analysis of the SEC's Second Annual Report, Best Practices for Dealing with Whistleblowers, and Recent Cases Interpreting the Scope of the Anti-Retaliation Provisions of the Dodd-Frank Act Dec 10, 2012

• SEC Issues Resource Extraction Rule Sep 21, 2012

• SEC Issues Conflict Minerals Rule Aug 29, 2012

• The Evolving Obligations of Public Companies to Disclose Cyber-Intrusions Jul 09, 2012

Videos

• Adam Lurie Discusses Herbalife Probes with Bloomberg TV Jul 07, 2014 (Also at Washington, DC Office)

 
ISLN915890192
 

Documents by this lawyer on Martindale.com

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First Amendment and Off-Label Promotion - Prosecute What I Do, Not What I Say
Bret A. Campbell,Jason Jurgens,Adam S. Lurie,Brian T. McGovern,Martin L. Seidel, April 23, 2014
On December 3, 2012, the United States Court of Appeals for the Second Circuit vacated the conviction of Alfred Caronia (“Caronia”), who had been tried and convicted of participating in an unlawful conspiracy to introduce a misbranded drug into interstate commerce in violation of the...

Supreme Court Holds That Sarbanes-Oxley Whistleblower Provision Applies To Employees Of Investment Advisers And Other Private Companies
William J. Foley,Jason M. Halper,Adam S. Lurie,Lambrina Mathews, March 20, 2014
On March 4, 2013, the Supreme Court issued an opinion with broad implications for mutual funds and certain other SEC-regulated companies that conduct business through or with privately-held entities (such as investment advisers and managers), as well as the private companies that do business with...
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Office Information

Adam S. Lurie


New YorkNY 10281-0006




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