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Matthew L. Levine

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Office: New York
Phone: 212 765-5070
Email: levine@fr.com



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Practice areas
White Collar Criminal Defense
Business Litigation
Complex Litigation
 
Education
Lehigh University B.A. Government 1985
Columbia School of Law J.D. 1989
Editor, Columbia Human Rights Law Review

Professional experience
Matthew Levine is a Principal in the New York office of Fish & Richardson. His practice emphasizes government investigations and white collar defense, complex business litigation and copyright and trademark litigation.

From 2001 through 2007, Mr. Levine served as an Assistant U.S. Attorney in the Eastern District of New York. From 1998 through 2001, Mr. Levine served as an Assistant U.S. Attorney in the District of Columbia. He has investigated and prosecuted hundreds of criminal cases, tried 17 jury trials and over 20 bench trials to verdict, and briefed dozens of appeals, arguing a number of them before the U.S. Court of Appeals for the Second Circuit, the U.S. Court of Appeals for District of Columbia Circuit, the New York State Appellate Division and the District of Columbia Court of Appeals.

In 2007, Mr. Levine served as Acting Chief of the U.S. Attorney’s Office Business & Securities Fraud Section, supervising a group of federal prosecutors conducting major securities fraud and other white-collar prosecutions. Mr. Levine also personally conducted some of the U.S. Attorney Office’s most high-profile securities and white collar prosecutions. He has handled investigations involving insider trading, accounting fraud, stock options backdating, private placement fraud, stock manipulation, computer intrusion, bank fraud, tax fraud, mortgage fraud, commodities fraud, and money laundering. From 2003 to 2004, Mr. Levine also served as Criminal Health Care Fraud Coordinator, where he developed and supervised the investigations and prosecutions of health care fraud offenses.

Mr. Levine began his career in the Justice Department in 1997 serving as Deputy Director of Intergovernmental Affairs, where he was responsible for overseeing relationships with State Attorneys General and local law enforcement agencies. Mr. Levine has previous experience in litigation with a major New York law firm, where he represented corporate and individual clients in all phases of civil and criminal matters.

Representative engagements
Representation of former executive in federal grand jury investigation and parallel SEC proceeding arising from claims of securities fraud at global technology manufacturer

Representation of individual charged with criminal violations of federal export control law in connection with shipments of aviation parts to Iran

Representation of former Chief Compliance Officer of Fortune 100 company in regulatory investigation

Representation of executive in federal investigation regarding public contracting practices

Representation of a registered representative in defense of securities arbitrations arising out of investments in auction rate securities

Representation of a hedge fund in an investigation conducted by state securities regulators involving various regulatory issues

Representation of a Chinese investor in a $16 million federal lawsuit against a global broker-dealer involving claims of fraud, failure to supervise and breach of fiduciary duty

Representation of Fortune 100 entertainment and media corporation in defending securities fraud and Delaware shareholder litigation (previous firm)

Representation of major Wall Street brokerage firm in defense of arbitration arising from breach of contract claim (previous firm)

Representation of innovative design company in trial over infringement of design patent, trademark, and trade dress for wine tote

Representation of leading New York restaurant in trademark and trade dress litigation

Representation of major university research foundation in litigation over patent ownership

Representation of manufacturer of private label beauty products in trademark litigation

Representation of renowned architect in prosecution of copyright infringement action for infringement of design of high-rise luxury condominium

Representation of leading software application provider in defense of arbitration involving claims of copyright and trade dress infringement

Representation of owner of U.S. rights to classic Fellini film La Dolce Vita in prosecution of copyright and trademark infringement action

Representation of direct mail marketer in defense of trade dress infringement action brought by luxury watch dealer

Representation of co-equal shareholder in New York corporate dissolution proceeding

Representation of well-known author in dispute with publishing house over publishing agreement

Publications
"When Breaching a Website's Terms of Service is a Crime", New York Law Journal (March 12, 2009).

"Message in Both Words and Action: Justice and SEC Expected to Ramp Up FCPA Enforcement Against Technology, Medical Device, Pharma, and Defense Industries" (March 5, 2009).

"Copyright Issues For Software Use Or Modification," IP Law360 (December 9, 2008).

"Off the Record," with W. B. Mateja and J. Masur, Los Angeles Daily Journal (December 4, 2008).

"Justice Department Report Shows Increased Enforcement of Export Controls," Fish & Richardson Export Control and White Collar Litigation Bulletin (November 25, 2008).

"New Federal Rule of Evidence 502 Limits Inadvertent Waiver Also Limits Subject Matter Waiver; Important to Regulatory Investigations," Fish & Richardson Litigation Alert (October 15, 2008).

"Registration of a Copyright as a Prerequisite to Bringing a Declaratory Judgment Action for Non-Infringement of that Copyright: Is There an Emerging Trend Favoring Jurisdiction Without Registration?," Bloomberg IP Law Reports (July 2008).

"Federal Appeals Court Affirms Lengthy Jail Sentence in Coca-Cola Trade Secrets Theft ," Fish & Richardson White Collar Litigation Alert (June 12, 2008).

"Broadcom's Charges Vie with 'Andersen's' Nexus Proviso," New York Law Journal (Feb. 25, 2008).

"Supreme Court Upholds Presumption Favoring Guidelines Sentences," Fish & Richardson White Collar Litigation Alert (June 29, 2007).

Recognition
Named to the 2009 Attorneys Who Matter – Up-and-Comer Category in the field of corporate compliance by the Ethisphere Institute.

Presentations and Speaking Engagements
Global Ethics Summit, Waldorf-Astoria, New York, NY (February 2009)

  • The Spread of Regulation: A Patchwork of Challenges
  • Dangerous Silence: What Employees Won't Tell You, Why, and What You Can Do About It

    Parallel Investigations Involving the Department of Justice, Commodity Futures Trading Commission, New York, NY (October 2003)

    Bar admissions and associations
    Admitted to the bar in New York, Southern and Eastern Districts of New York, United States Court of Appeals for the Second Circuit, United States Court of Appeals for the District of Columbia, and the District of Columbia Court of Appeals. Member: New York State Bar Association, Federal and Commercial Litigation Section; Federal Bar Council.

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