Trial Practice

Mr. Buchanan has tried nearly two dozen complex civil and criminal cases to verdict. His trial work has involved complex frauds, public corruption, numerous patent cases, and trials and arbitrations on behalf of major pharmaceutical companies involving medical devices, vaccine technology, and licensing matters. He has also argued multiple civil and criminal appeals in federal courts around the country.

REPRESENTATIVE MATTERS:

• Secured a $42 million jury verdict against a government contractor for its role in the infamous torture of detainees at Abu Ghraib prison during the Iraq War. This landmark victory has attracted worldwide attention in the media, human rights community, and academia.
• Represented one of the world's leading manufacturers of industrial centrifuges in a patent infringement case brought by a non-practicing entity (GS Cleantech Corporation, et al., Petitioners v. · Adkins Energy LLC, et al.). Mr. Buchanan invalidated all five of the asserted patents and prevailed at trial on inequitable conduct counterclaims, finding the inventors and prosecuting attorneys had committed fraud before the U.S. Patent and Trademark Office. Mr. Buchanan briefed, argued, and won an affirmance of that decision at the Federal Circuit and secured a $20 million judgment against the non-practicing entity. 
• Defended a not-for-profit foundation at three-week civil forfeiture trial in which the U.S. Department of Justice (U.S. DOJ) sought to forfeit assets valued in the hundreds of millions of dollars.
• Handled several patent trials for a major pharmaceutical company involving contact lenses and medical device technology.
• Represented a major pharmaceutical company in international arbitration relating to a contract dispute with Japanese pharmaceutical company.
• Defended a major medical device manufacturer in an arbitration brought by an independent sales organization challenging a termination of a distribution agreement, resulting in dismissal of all claims, judgment in the client’s favor, and a damages award.

Complex Commercial Litigation Practice

Mr. Buchanan advises and represents clients in high-stakes disputes across industries, including matters involving criminal and regulatory investigations, contract and commercial claims, technology and intellectual property issues, appeals, and other bet-the-company litigation.

REPRESENTATIVE MATTERS:

• Defending a global entertainment and technology company against allegations of patent infringement in a U.S. International Trade Commission investigation, which seeks an exclusion order barring the importation of the company’s products into the United States.
• Represented a Fortune 150 Company in successful Ninth Circuit appeal relating to a denial of coverage under insurance policies for costs related to environmental contamination remediation.
• Represented the Chairman/CEO and other senior executives of Fortune 150 Company in connection with third-party litigation over microchip technology.
• Represented a national sports museum in a lawsuit challenging the ownership of a historic piece of sports memorabilia, resulting in voluntary dismissal of the case.
• Represented leading pharmaceutical and biopharmaceutical companies in connection with licensing disputes.
• Represented an alternative asset management company in high-stakes stalking horse litigation.

White Collar Practice

Mr. Buchanan’s white-collar representations have involved allegations of securities fraud, insider trading, tax fraud, accounting fraud, health care and Medicare/Medicaid fraud, and theft of trade secrets.

REPRESENTATIVE MATTERS:

• Conducting numerous internal investigations on behalf of major pharmaceutical companies in connection with alleged violations of the anti-kickback statute and trade secrets matters.
• Served on the Newark Police Department Monitoring Team that was responsible for overseeing the NPD's compliance with a Consent Decree issued by the U.S. DOJ.
• Represented a global technology company in a high-profile internal investigation and subsequent federal fraud prosecution involving a former senior executive.
• Represented an international law firm in connection with an internal investigation and subsequent referral to the U.S. DOJ that led to the indictment of two company executives for allegedly violating the FCPA.
• Conducted an internal investigation for a publicly traded Fortune 150 Company in connection with a whistleblower allegation of improper revenue recognition practices.
• Represented the Chief Accounting Officer of automobile company in connection with the so-called “Diesel-Gate” investigation.
• Represented an energy company in connection with allegations by the Illinois Attorney General’s Office relating to alleged telemarketing infractions.
• Represented executives of a major pharmaceutical company in connection with healthcare fraud and off-labeling investigations being conducted by the U.S. Attorney’s Office, District of Massachusetts.
• Represented the CEO of a global clinical trial supply company in connection with a criminal investigation being conducted by the Eastern District of Pennsylvania regarding the import of allegedly counterfeit drugs for use in a clinical trial.
• Represented employees of a major airline in criminal investigation and prosecution of the former New Jersey Attorney General and Chairman of the Port Authority of New York and New Jersey.
• Represented a principal of a company in connection with a criminal investigation regarding alleged money laundering and structuring.
• Represented a medical device startup in connection with knock-off and counterfeit products.

Cybersecurity Practice

Mr. Buchanan serves as Co-Chair of the firm’s Privacy and Data Security practice. He regularly represents public and private companies in the financial services, healthcare, insurance, energy, and e-commerce industries on a variety of issues relating to data breaches and cybersecurity incidents, including incident response and investigation, and related litigation.

REPRESENTATIVE MATTERS:

• Represented numerous companies across various industries, including insurance companies, financial institutions, utilities, and not-for-profit organizations, in responding to ransomware attacks and cybersecurity incidents.
• Advised major insurance and healthcare companies, and financial institutions on compliance issues regarding the New York State Department of Financial Services Cybersecurity Regulation, Securities and Exchange Commission cybersecurity rules, HIPAA and HITECH security rules, and the Gramm-Leach-Bliley Act Safeguards Rule.
• Represented a global technology-enabled services leader in high-profile ransomware attack and subsequent class action litigation brought under the California Consumer Protection Act.
• Represented a global technology-enabled services leader in ransomware demand and cybersecurity attack. The firm’s proactive cooperation with federal law enforcement led to the arrest of the threat actors.
• Represented a multinational athletic apparel company in connection with alleged violations of the California Invasion of Privacy Act.

Pro Bono Activity

Mr. Buchanan serves as Chair of the firm’s Pro Bono practice and has a broad range of pro bono experience. As part of his pro bono work, Mr. Buchanan has served as lead counsel in multiple trials and handled a wide range of matters across civil and human rights, criminal justice, and immigration.

REPRESENTATIVE MATTERS:

• Represented former detainees at Abu Ghraib prison during the Iraq War at trial and on appeal in an action brought under the Alien Tort Statute against a government contractor, resulting in a groundbreaking $42 million jury verdict affirming the company’s liability for its role in the torture of the detainees. The verdict was upheld on appeal.
• Represented New York City nursing home residents in a class action litigation alleging violations of the ADA, Rehabilitation Act, and Medicaid Act by New York State Department of Health and its contractor by failing to properly administer Nursing Home Transition and Diversion Waivers, resulting in a favorable settlement.

• U.S. Supreme Court
• U.S. Court of Appeals, Second Circuit; Third Circuit; Fourth Circuit; Federal Circuit
• U.S. District Court, Southern and Eastern Districts of New York; District of New Jersey
• New York
• New Jersey

MEMBERSHIPS: Member, New York Council of Defense Lawyers

PUBLICATIONS: Mr. Buchanan has published articles on white collar, intellectual property, and cybersecurity issues, including an amicus curiae brief to the United States Supreme Court on behalf of the New York Intellectual Property Law Association (NYIPLA). Mr. Buchanan writes frequently on privacy and data security issues and served as editor-in-chief of the firm’s Data Security Law blog.

SPEAKING ENGAGEMENTS: Mr. Buchanan has spoken before various professional organizations on topics including criminal investigations in securities fraud, as well as the Foreign Intelligence Surveillance Act. He has presented at a number of seminars, including the Rutgers Institution for Professional Education’s “Data Breach: Legal Responsibilities and Ramifications” and The Law Firm Cyber Risk Conference, regarding data breaches, notification issues, and incident response strategies.

Mr. Buchanan’s additional presentations include:

• "A Question of Damages: Lost Profits, Reasonable Royalties and Exceptional Findings," ACI Paragraph IV Disputes Conference;
• “Changing Norms in Global Privacy: Emerging Issues & Law Firm Risks,” SCG Legal Annual Meeting;
• "Risky Business: Examining New Guidance for Calculating Damages in the Aftermath of an At-Risk Launch," ACI Paragraph IV Disputes Conference;
• “Assessing the True Measure of Damages in At Risk Launch Scenario,” ACI Paragraph IV Disputes Conference;
• "Advanced Strategies for Drafting and Perfecting Pleadings and Effectively Using Dispositive Motions in Paragraph IV Disputes," ACI Paragraph IV Disputes Conference;
• “Patent Litigation for the Non-Specialist,” Association of Corporate Counsel Webcast.