Geoffrey Potter is a partner and Chair of the firm’s Anti-Counterfeiting Practice Team. A highly-experienced trial lawyer, Mr. Potter litigates counterfeiting and product diversion cases on behalf of major corporations in diverse industries worldwide. These cases primarily involve counterfeit products with the potential to cause serious injury or death, including counterfeit medical devices, pharmaceuticals and other consumer, industrial and electronic products.
In addition to this work, Mr. Potter also litigates cases concerning accountant liability, defamation, consumer and shareholder class actions, unfair competition, copyright, breach of contract and fraud. He has also conducted numerous securities and employment arbitrations and internal investigations involving Foreign Corrupt Practices Act violations, accounting improprieties and employee malfeasance.
In the anti-counterfeiting arena, he has successfully sued and executed seizure orders globally against hundreds of individuals and businesses that have manufactured and distributed counterfeits. This has resulted in the seizure and destruction of millions of counterfeits and the collection of millions of dollars in settlements and judgments. Repeatedly, Mr. Potter’s efforts have resulted in counterfeiters being incarcerated.
Outside of litigation, Mr. Potter counsels clients on integrated risk reduction solutions and best practices for avoiding counterfeiting problems. He advises on proactive methods to secure products and packaging against counterfeiters and on the development of programs to guard and monitor distribution channels.
Chambers USA - America's Leading Lawyers for Business named Mr. Potter a Leading Practitioner for Intellectual Property Litigation. Cited as an authority on anti-counterfeiting in more than a hundred articles, his recent quotes have been published in The New York Times, Wall Street Journal, International Herald Tribune, Forbes, Bloomberg and Financial Times. He is also a frequent speaker and teacher at anti-counterfeiting conferences.
Representative Matters
Significant Litigations and Internal Investigations for Manufacturing, Financial and Professional Service Businesses
Won and collected, after trial, a multi-million dollar verdict for a major public investment bank.
Won dismissal of a $50 million defamation action for one of the largest Latin American banks.
Won a complete defense verdict for a brokerage firm after a year-long arbitration brought by customers with losses in excess of $80 million.
Won dismissal for one of the largest consumer product companies of a consumer class action seeking damages on behalf of more than 100 million consumers.
Won, after trial, a complete defense verdict for one of the largest multinational industrial corporations in an action that sought a multi-million dollar banking fee.
Won a significant settlement, just before trial, for a hedge fund seeking damages against defendants that had fraudulently misrepresented the value of collateral.
Successfully represented a former partner of a leading accounting firm in SEC and criminal investigations as well as civil litigation alleging professional malpractice in connection with the audits of a public company.
Internal Investigations for Audit Committees of Significant Public and Private Corporations and Charities
On behalf of the audit committee of a public manufacturing company, conducted an internal investigation that uncovered income recognition fraud and Foreign Corrupt Practices Act violations. Following the investigation, represented the company before the U.S. Attorney and the SEC and obtained a successful settlement of all regulatory and criminal liability.
On behalf of the audit committee of a large agricultural business, conducted an internal investigation that uncovered very significant Foreign Corrupt Practices Act violations. Following the investigation represented the company before the Department of Justice and reached a settlement which resulted in no liability for the company. The Government, however, required all senior management to be trained by Mr. Potter on how to avoid future violations.
On behalf of the audit committee of a large national bank being investigated by the Federal Reserve, conducted an internal investigation concerning the purchasing and trading of certain large loan portfolios and the accounting of those transactions. The investigation showed that both the transactions and the accounting were proper and as a result the Federal Reserve dropped its investigation.
On behalf of the audit committee of a major public investment bank being investigated by the Department of Justice, the SEC and the IRS, conducted an internal investigation of a series of multi-billion dollar derivative trades. The investigation showed that the trades were proper and the Government investigations were dropped.