Hervé Gouraige

Hervé Gouraige: Attorney with Sills Cummis & Gross P.C. AV stamp icon
Attorney Awards

Biography

Herve Gouraige is a Member of the Sills Cummis & Gross Litigation Practice Group. Mr. Gouraige is a civil and criminal litigator/trial lawyer who practices in the areas of white collar criminal defense, securities litigation, federal and state RICO actions, health care fraud litigation (False Claims Act and kickback cases), internal corporate investigations, general commercial litigation, including class actions, and antitrust litigation. He has represented corporate and individual clients in all types of civil and criminal matters in federal and state courts throughout the country. Mr. Gouraige uses his skills, experience, and legal knowledge to develop innovative approaches to solve client problems without necessarily going to trial, although his trial skills have been highly praised.

Examples of Innovative Approaches Used in Solving Clients’ Problems

•In a recent commercial mortgage foreclosure in New Jersey, Mr. Gouraige’s client, the defendant-mortgagor, asserted a defense of fraud by a third party who allegedly conspired with the mortgagee to defraud the defendant. In the second day of trial, in August 2015, after Mr. Gouraige announced that he would call the third party as the next witness, that person brokered a settlement that resulted in an agreement to pay-off the mortgage and to pay Mr. Gouraige’s client a substantial sum to settle claims over certain related properties.
•In a recent SEC investigation regarding an investment fund in the life insurance settlement business, Mr. Gouraige persuaded the staff of the Regional Office in Philadelphia not to recommend to the Commission filing of any charge against his client.
•With more than 30 criminal and civil trials, jury and non-jury, Mr. Gouraige is an experienced trial lawyer whose courtroom skills have been highly praised. After obtaining an acquittal for his client in a case in Salem, VA, the trial judge praised Mr. Gouraige’s trial skills: “I might say to your counsel sitting next to you that I have been around a long time, some forty-six years at the bar, and I haven’t heard a finer argument than he made.” In his most recent public criminal representation, Mr. Gouraige was counsel to a former president of the United Nations General Assembly.

Mr. Gouraige served as an Assistant United States Attorney in the Southern District of New York under U.S. Attorney Rudolph Giuliani (1984-91). He handled criminal cases involving business fraud, tax fraud, health care fraud, and national security. In 1985, Mr. Gouraige was the first Assistant designated to handle health care fraud cases in the Southern District of New York. During his term as Assistant U.S. Attorney, Mr. Gouraige was awarded the Superior Achievement Award by the Department of Health and Human Services for significant contribution in fighting fraud in the Medicare and Medicaid programs, and the Department of Justice Director’s Award for Superior Performance for his successful handling of a four-month bank fraud trial.

Mr. Gouraige is an active member of the bar and the community. He is the chairperson of the Oxford-Cambridge Boat Race New York City Dinner Committee. He has served as president of the Harvard Law School Association of New Jersey. He is a member of the Litigation Counsel of America, an invitation-only trial lawyer honorary society, and a Trustee Emeritus (and former President) of the Board of Trustees of the Newark School of the Arts. He is a former member of the New Jersey and New York Rhodes Scholarship Selection Committees. Mr. Gouraige has served as a member of the Board of Directors of the Urban League of Hudson County (New Jersey) and The Legal Aid Society in New York (2002 - 08). By appointment of the Mayor, Mr. Gouraige served on the Judicial Advisory Committee of New York City under Mayor Rudolph Giuliani.

Mr. Gouraige has taught trial advocacy for the National Institute of Trial Advocacy at Hofstra University Law School, where he served as a Team Leader. He has also taught trial advocacy at Widener University School of Law and at Benjamin N. Cardozo School of Law.

Mr. Gouraige lectures for the ABA, ALI-ABA and PLI on civil and criminal matters. He is an elected member of the American Law Institute, and he has written a number of articles for professional journals, including an article on insider trading that was published in the Rutgers University Law Review.

Press Releases

Herve Gouraige Named to New Jersey Law Journal 2017 Diverse Attorneys of the Year List

10/18/2017

Sills Cummis & Gross’ Herve Gouraige Formally Inducted Into the Litigation Counsel of America

11/26/2012

Herve Gouraige is New President of the Harvard Law School Association of New Jersey

11/14/2011

In The News Items

Law Journal Announces Diverse Attorneys of the Year

New Jersey Law Journal 10/17/2017

Practical Discussion of Issues and Effective Strategies for Internal Investigations

The Metropolitan Corporate Counsel 5/1/2013

A Unique Perspective Makes for Innovative Defense Strategies

The Metropolitan Corporate Counsel 12/1/2011

Presentations

The New Transactional and Litigation Paradigm 2012 Retail - Real Estate Seminar

ALFA International’s Retail - Real Estate Practice Group 6/6/2012

Litigation Counsel of America Renaissance Symposium IV

Litigation Counsel of America 12/2/2011

American Health Lawyers Association’s 2010 Annual Meeting and In-House Counsel Program

The Intersection of Compliance and Governance: Overcoming the Challenges American Health Lawyers Association 6/27/2010

Risks to Directors and Trustees of Health Care & Life Sciences Companies: Corporate Compliance in a Distressed Economy

Seton Hall University School of Law 11/4/2009

Key Compliance Issues Facing Directors and Trustees of Health Care and Life Sciences Companies

Key Compliance Issues Facing Directors and Trustees of Health Care and Life Sciences Companies 4/22/2009

Internal Investigations in Law Firms

ALI-ABA 11/12/2008

The New Jersey False Claims Act: Perspectives and Insight

9/18/2008

Responding to and Managing Government Investigations of Medicare and Medicaid Providers

American Conference Institute 3/31/2008

Publications

Federal Courts Lack Authority to Decide Insider Trading Criminal Cases

New York Law Journal 7/27/2017

Op-Ed - Decreasing Jury Trials Undermines the Public: Transparency and citizen participation are keys to the fair administration of justice

The National Law Journal 9/5/2016

Do Federal Courts Have Constitutional Authority to Adjudicate Criminal Insider-Trading Cases?

Rutgers University Law Review 9/1/2016

A Transformation from Public Law Litigation to Private Arbitration

The Metropolitan Corporate Counsel 7/1/2014

Pharmaceuticals, Medical Devices & Biologics: Health Care Fraud Enforcement, Strict Criminal Liability, and Responsible Corporate Officials

Bloomberg Law Reports - Health Law 9/6/2011

No Third-Party Action for Contribution or Implied Indemnification for Equitable Claims in False Claims Act Case

Bloomberg Law Reports - Health Law 7/11/2011

Summary of United States ex rel Williams v. Renal Care Group

American Health Lawyers Association Practice Group Email Alert 6/14/2011

Honest Services Law Must Go

National Law Journal 1/18/2010

The Newest Darling of the Modern Prosecutor’s Nursery: Use of the Federal and State Federal False Claims Acts in the Health Care Industry

2010 Health Law and Compliance Update 1/1/2010

Defining RICO Enterprise after Boyle

New York Law Journal 9/8/2009

Rankings and Recognition

The Best Lawyers in America 2013-2019, Commercial Litigation

New Jersey Law Journal “Diverse Attorneys of the Year List” 2017

Litigation Counsel of America
Member,New Jersey State Bar Association
Member,Garden State Bar Association
Member,New York State Bar Association
Member,Association of the Bar of the City of New York
Member,New York Criminal Defense Council
Member,American Health Lawyers Association
Chair, 2015 Oxford-Cambridge Boat Race Dinner Committee
Trustee Emeritus and former President of the Board of Trustees,Newark School of the Arts
Former President,Harvard Law School Association of New Jersey

Areas of Practice (7)

  • Corporate Internal Investigations
  • Health Care
  • Litigation
  • Securities Litigation
  • Tax and Business Crimes/White Collar Criminal Defense
  • Venture Capital/Regulated Substances
  • Antitrust

Education & Credentials

Contact Information:
(973) 643-5989  Phone
(973) 643-6500  Fax
www.sillscummis.com
University Attended:
Oxford University, M.A., 1982; Oxford University, Rhodes Scholar, B.A., 1974; Boston University, B.A., 1972
Law School Attended:
Harvard Law School, J.D., 1977
Year of First Admission:
1978
Admission:
U.S. Court of Appeals, Ninth Circuit; U.S. District Court, Eastern District of New York; U.S. Court of Appeals, Second Circuit; U.S. District Court, District of New Jersey; U.S. Court of Appeals, Third Circuit; U.S. District Court, Southern District of New York; 1978, New York; 1991, New Jersey; U.S. Supreme Court
Memberships:

Affiliations

Member, American Bar Association, White Collar Crime Committee, Health Care Fraud and Abuse Subcommittee
Member, American Law Institute
Member, Federal Bar Council
Member, National Bar Association
Fellow, American Bar Foundation
fellow, Litigation Counsel of America
Member, New Jersey State Bar Association
Member, Garden State Bar Association
Member, New York State Bar Association
Member, Association of the Bar of the City of New York
Member, New York Criminal Defense Council
Member, American Health Lawyers Association
Member, Supreme Court Historical Society
Chair, 2015 Oxford-Cambridge Boat Race Dinner Committee
Trustee Emeritus and former President of the Board of Trustees, Newark School of the Arts
Former President, Harvard Law School Association of New Jersey

Birth Information:
February 12, 1950
Reported Cases:
Representative Decisions; Wachtel v. Guardian Life Ins. Co. of America, 482 F.3d 225 (3d Cir. 2007) 4/2/2007; UMDNJ v. Corrigan, 347 F. 3d 57 (3d Cir. 2003), cert. denied, 542 U.S. 937 (2004) 10/17/2003; HVV Corporation v. Jackson Communications, Inc., Adv. No. 94-3104 (Bank. Ct; D. N. J. 1996) 3/29/1996; Sierra Rutile Ltd. v. Katz, 1995 WL 622691 (S.D.N.Y. 1995) 10/24/1995; United States v. Chuang, 897 F. 2d 646 (2d Cir. 1990) 12/28/1990; Arrington v. New York Times, 55 N. Y. 2d 433 (1982), cert. denied, 459 U.S. 1146 (1983) 4/7/1982
ISLN:
906954339

Peer Reviews

5.0/5.0
A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Newark, New Jersey

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