Paul G. Gardephe
Partner

212-336-2310 | 212-336-7917 fax |
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Paul Gardephe chairs the firm’s Litigation Department, White Collar Defense and Investigations group and is co-Chair of the firm's Subprime Mortgage Practice Team. His practice includes the defense of white collar criminal prosecutions and grand jury investigations, internal corporate investigations, and related regulatory proceedings. He also co-chairs the firm’s Appellate Practice group and has extensive appellate practice credentials. He also often represents the media, particularly in libel and related matters.

Mr. Gardephe represents clients in criminal litigation, enforcement actions, and federal and state grand jury investigations involving allegations of health care fraud, securities fraud, tax, mail and wire fraud, money laundering, and criminal antitrust violations. Health care fraud has been a focus of Mr. Gardephe's practice, particularly the areas of off-label promotion and alleged Anti-Kickback Act violations. Prior to rejoining the firm in 2003, he served for nine years in the U.S. Attorney’s Office for the Southern District of New York, where he tried more than 20 cases to a jury verdict. Mr. Gardephe also served for three years as Chief Appellate Attorney of the Criminal Division. In that position, Mr. Gardephe was responsible for defining the legal positions adopted by the U.S. Attorney’s Office and for all briefs filed by the Criminal Division in the U.S. Court of Appeals for the Second Circuit, and worked closely with the Solicitor General’s Office and the Department of Justice on appellate matters. Mr. Gardephe has argued numerous appeals before the Second Circuit and other appellate courts, including the United States Supreme Court, and the Third and Sixth Circuits.

Mr. Gardephe also has extensive experience in conducting internal investigations in a wide variety of industries. On behalf of the Attorney General and the House and Senate Intelligence Committees, he led major Department of Justice reviews of the FBI’s performance in detecting the espionage of CIA officer Aldrich Ames and FBI Special Agent Robert Hanssen. As Vice President and Deputy General Counsel of Time Inc., Mr. Gardephe performed a wide variety of internal investigations and corporate audits. He also litigated numerous First Amendment-related cases in federal and state courts, personally handling both trials and appeals. Mr. Gardephe has also represented major national law firms, and is a member of Patterson Belknap's Law Firm Defense Group. He lectures on appellate advocacy and has taught trial advocacy at New York Law School since 1993. After graduation from law school, Mr. Gardephe served as a law clerk to the Hon. Albert J. Engel, U.S. Court of Appeals for the Sixth Circuit.

Representative Matters

Government Investigation, Regulatory and Compliance
Representation of major pharmaceutical firms in connection with U.S. Department of Justice investigations of suspected off-label promotion of prescription drugs.

Representation of major music company in connection with payola investigation being conducted by the New York Attorney General.

Representation of insurance brokerage firm in connection with New York Attorney General’s investigation of contingent commissions and other compensation received from insurance carriers. Performed internal investigations and audits for corporate clients involving allegations of accounting and other financial irregularities.

Extensive experience in cases alleging consumer fraud. Negotiated a comprehensive agreement with the Attorneys General of 48 states concerning publishing client's direct mail marketing activities. Representation of media organizations in connection with State Attorney General and Congressional investigations of consumer marketing practices.

Represented major pharmaceutical company in connection with New York Attorney General’s investigation of disclosure of clinical study results.

Represented executives of major pharmaceutical company under investigation for “channel stuffing” and improper handling of accounting reserves.

Representation of former CFO of Fortune 500 company charged with accounting fraud.

Representation of former CEO of investment brokerage firm charged with securities law violations.

Representation of American airport designer accused by the government of Trinidad of awarding contracts based on bribery.

Representation of entities and individuals before the SEC, NYSE and NASD.

Pursuant to SEC decree, appointed as the Independent Compliance Consultant to two major mutual fund advisers.

Media
The U.S. Court of Appeals for the Second Circuit reversed a $54 million judgment against our client, Island Def Jam Music Group (IDJ), a division of UMG Recordings, Inc., a defendant in a lawsuit filed by TVT Records, an independent music label. A jury had found IDJ and its former CEO liable for fraud, tortious interference, breach of contract and copyright infringement and awarded TVT $25 million in compensatory damages and $107 million in punitive damages, which the trial judge later reduced to $54 million. Briefed and argued appeal. TVT Records v. The Island Def Jam Music Group, 412 F.3d 82 (2d Cir. 2005), cert. denied, 74 U.S.L.W. 3720 (2006)

Obtained summary judgment for major computer game company in connection with licensing dispute involving online games. Briefed and argued appeal in the Second Circuit, which affirmed. Atari, Inc. v. Games, Inc., 2005 U.S. Dist. Lexis 4014 (S.D.N.Y. 2005), aff'd, 2006 U.S. App. Lexis 2729 (2d Cir. 2006).

Obtained summary judgment in the district court dismissing anti-gangsta rap advocate's libel suit against TIME. Briefed and argued appeal in the Third Circuit, which affirmed. Tucker v. Time Inc., 1999 U.S. Dist. LEXIS 1781 (E.D. Pa. 1999), aff'd, 237 F.2d 275 (3d Cir. 2001).

Tried this contract case arising out of FORTUNE's alleged breach of an employment agreement. Judgment granted as a matter of law in favor of FORTUNE. Schwartz v. FORTUNE Magazine, 193 F.R.D. 144 (S.D.N.Y. 2000) and 89 F. Supp. 2d 429 (S.D.N.Y. 1999).
Obtained summary judgment dismissing libel claims arising out of a TIME magazine editorial and internal e-mail messages. Ellis v. Time Inc., 26 Med. L. Rptr. 1225 (D.D.C. 1997).

Lead trial lawyer in libel case arising out of photograph in TIME identifying plaintiff as a prostitute. Jury verdict for defendant. DaSilva v. Time Inc., 93 Civ. 8602 (JES).

Other Significant Trials and Appeals:
Board of Education of the City of New York v. Tom F., 193 F. Appx. 26 (2d Cir. 2006), aff’d, 128 S. Ct. 1 (2007). Briefed and successfully argued in the U.S. Supreme Court this case presenting the issue of whether parents of disabled children are required to place their children in inadequate public school placements as a prerequisite for qualifying for private school tuition reimbursement under the Individuals with Disabilities Education Act.

United States v. Ruggiero, 100 F.3d 284 (2d Cir. 1996) and United States v. Aulicino, 44 F.3d 1102 (2d Cir. 1995). Lead trial lawyer in RICO case involving charges of murder and kidnapping arising out of conspiracy in which the defendants committed their crimes while posing as police officers. Briefed and argued appeals raising a variety of issues under RICO and the Sentencing Guidelines.

United States v. King, 94 Cr. 455 (S.D.N.Y. 1996). Tried this wire fraud case brought against well-known boxing promoter.

United States v. DiNapoli, 8 F.3d 909 (2d Cir. 1995) (en banc). Briefed this successful Government appeal -- heard in a rare en banc proceeding -- of a district court judgment setting aside a jury verdict on the ground that the indictment had been constructively amended.

United States v. Tellier, S4 92 Cr. 869 (MGC). Three and a half month RICO trial involving murder and the theft of millions of dollars in art, jewelry and furs.

United States v. Bye, 919 F.2d 6 (2d Cir. 1990). Briefed and argued this successful Government appeal of a district court order granting defendant's motion to suppress post-arrest statements and physical evidence.

United States v. Paulino, 850 F.2d 93 (2d Cir. 1988). Briefed and argued this successful Government appeal of a district court order granting defendant's motion to suppress evidence recovered in a warrantless search.

United States v. Gilbert, 87 Cr. 738 (GLG). Mail fraud trial concerning corrupt Sullivan County public official.