Michael L. Yaeger

Obtained unanimous U.S. Supreme Court ruling overturning client’s conviction for honest-services fraud for actions taken when he was a private citizen serving as a campaign manager, not a public official. The Supreme Court rejected the theory that all private citizens with mere influence or de facto control over government decisions owe a fiduciary duty to the public. It held that such a rule was too vague and could encourage arbitrary and discriminatory enforcement. Percoco v. United States, 143 S. Ct. 1130 (2023). Representing individuals in investigations by various U.S. attorney’s offices (S.D.N.Y., E.D.N.Y., D.N.J., and D. Mass.), including fraud, FCPA, cyber, and AML investigations. Representing financial services companies and individuals in multiple SEC investigations, including blockchain-related investigations. Representing individuals in investigations by New York attorney general, including “dark pools” securities trading and public corruption. Representing health care companies and entities in regulatory investigations. Representing investment advisers in SEC exams. Representing companies in DFS investigations, including academic medical centers. Advising on sentencing issues as outside consultant. Shadow counsel work on appeal for counsel of record (including sentencing consulting on appeal).

Leading legal team’s response to dozens of data breaches at different companies and institutions (e.g., investment advisers, broker-dealers, private schools, and academic medical centers). Drafting and reviewing written information security plans, incident response plans, and other cyber policies (e.g., “bring your own device” policies) for investment advisers, broker-dealers, banks, payments companies, and academic medical centers. Representing investment advisers in SEC cyber exams. M&A due diligence of payments companies and cyber surveillance companies. Assisting blockchain company with application for BitLicense from New York State Department of Financial Services. Representing insurance companies in OFAC analysis related to ransomware. Drafting regulatory comment letters for financial services companies in response to proposed state regulations.

Representation of individual executive in class action and related USAO and SEC investigations. Representation of digital wholesaler in contract dispute with manufacturer. Representation of individual in MDL and related USAO investigation. Representation of individual against multinational corporation’s motion to compel discovery from third-party SDNY litigation, resulting in denial of opponent’s motion and award of attorneys’ fees and expert fees for defense of motion. Representation of exercise tech startup in dispute regarding privacy and data usage issues with rival. Representation of education company in real estate dispute in NYS Commercial Division. Representations of construction company in nonsolicitation dispute with competitor, and of health food manufacturer in federal class action.