Christopher LaVigne is a partner in the Litigation practice. A former federal prosecutor, Chris’ practice focuses on white collar criminal defense, regulatory investigations and enforcement actions, and high-stakes commercial litigation matters.

Chris regularly represents corporate clients, financial institutions and hedge funds, and individual clients in matters involving the DOJ, the SEC, the CFTC, OFAC, and other agencies. Chris also represents clients at trials and hearings in high-stakes matters. Chris recently obtained a $44MM jury verdict for SS&C Technologies, Inc. after a jury trial in Chicago based on defendants’ misappropriation of SS&C’s trade secrets. Chris also secured dismissal with prejudice of antitrust and misappropriation-based claims against Viacom and Paramount Pictures after a hearing in the SDNY, based on plaintiff’s spoliation and fabrication of critical evidence. In a recent insider trading enforcement action in the SDNY, Chris convinced the SEC to voluntarily dismiss its lead insider trading charge shortly before trial and resolved the case with no admission of wrongdoing on the eve of trial.

Chris previously served as a federal prosecutor with the U.S. Attorney’s Office for the Southern District of New York from 2005-2013. Chris was a member of the Securities and Commodities Task Force and served as lead trial counsel in the high-profile case United States v. Doug Whitman, in which the founder of a hedge fund was convicted of all insider trading counts after trial. Chris also worked in the Terrorism and International Narcotics Unit, where he served as lead counsel in several of the Office’s highest profile international criminal prosecutions involving national security matters, sanctions and export control violations, terrorism matters, and foreign corruption. Chris’ noteworthy cases include the prosecution of an MIT-educated neuroscientist (nicknamed “Lady al Qaeda”) who was convicted after trial of attempted murder of federal officials in Afghanistan.

The Legal 500 recognized Chris in their 2020 publication under the Corporate Investigations and White-Collar Criminal Defense category. Chris has also been recognized by Benchmark Litigation from 2015 to 2022 for his litigation skills and was honored as a “Super Lawyer” for white collar criminal defense by New York Super Lawyers from 2016 to 2020. In 2014, Chris was named by Law360 as one of five nationwide White Collar Rising Stars, which recognizes “attorneys under 40 whose legal accomplishments belie their age.”

Before joining the U.S. Attorney’s Office, Chris clerked for the Honorable Kevin Thomas Duffy, United States District Judge for the Southern District of New York, and worked as an associate at another New York law firm.

Recent Matters of Note

• Represented SS&C Technologies as Plaintiff in a jury trial against Clearwater Analytics in Cook County, Illinois. Jury awarded SS&C $44 million for Clearwater’s misappropriation of its trade secrets, including $28 million in punitive damages for Clearwater’s willful and malicious conduct.
• Convinced SEC to dismiss lead insider trading count against individual client on eve of trial in the SDNY. Resolved case with no admission of wrongdoing.
• Defended data colocation center client in a Sherman antitrust trial in Las Vegas (case settled before verdict).
• Obtained complete dismissal after a hearing of Sherman antitrust, misappropriation, and related claims against Viacom, Inc. and Paramount Pictures Corporation. Established after hearing in the SDNY that plaintiff spoliated and fabricated key evidence and the court dismissed the case with prejudice and imposed sanctions.
• Represented UniCredit SpA in global resolution of DOJ, District Attorney of New York, OFAC, Federal Reserve, and DFS investigations into institution’s compliance with U.S. economic sanctions.
• Representing digital currency exchanges in confidential enforcement investigations.
• Obtained dismissal in two separate actions of antitrust claims filed against fintech client.
• Represented client in two-week criminal jury trial in the SDNY.
• Obtained preliminary injunction and TRO on behalf of fintech company based on plaintiff’s misappropriation of trade secrets.

Individual Representations

• Representation of David Nichols, a Bank of New York Mellon executive charged by the U.S. Attorney’s Office for the Southern District of New York with mail and wire fraud-related offenses concerning the institution’s foreign exchange practices.  The U.S. Attorney’s Office agreed to settle the case before trial, with no admission of mail/wire fraud by Mr. Nichols and no monetary penalty.
• Representation of executive in DOJ accounting fraud investigation at public company.
• Representation of former high-ranking financial institution executive in DOJ investigation into the institution’s marketing and sale of residential mortgage-backed securities.
• Representation of individual in charged SEC enforcement case; resolved case on eve of trial with no admission of wrongdoing.
• Representations of individuals in assorted grand jury investigations into insider trading.

Company Representations in Criminal Matters and Internal Investigations

• Representation of hedge fund in insider trading investigation conducted by the U.S. Attorney’s Office for the Southern District of New York and the SEC.
• Representation of Citigroup in internal and government investigations into alleged $400 million fraud at one of its foreign subsidiaries.
• Representation of financial institution in SEC investigation regarding BSA compliance.
• Representation of broker dealer in FINRA enforcement action into alleged violations of FINRA registration and supervisory requirements.
• Representation of financial institution in DOJ, CFTC, and other regulatory investigations into the bank’s LIBOR rate-setting practices.

Company Representations in Civil Matters

• Defended broker-dealer in FINRA arbitration relating to suitability claims; Petitioner withdrew all claims with prejudice before adjudication.
• Represented trading company in affirmative civil litigation relating to cyber-heist by defendants; successfully recovered over 85 percent of lost funds.
• Represented media company in contractual disputes regarding licensing fees and alleged breaches of non-competition agreements.
• Represented design firm in investigation and civil proceedings related to defamatory statements made by blogger.
• Represented LG Electronics in consumer fraud actions filed in the Southern District of California.

Professional Affiliations

• Criminal Justice Act Panel
• New York City Bar Association – Member of the White Collar Crime Committee
• Law360 Sports Editorial Advisory Board
• Federal Bar Council

Publications

• Co-Author, “Hacking Scandals Highlight Vulnerabilities for Teams and Leagues,” SportsBusiness Journal, May 8, 2017
• Co-author, “Implications of Microsoft’s win in overseas server email case,” E-Commerce Law & Policy, September 2016
• Co-Author, “Insider Trading Laws and Enforcement,” Practical Compliance & Risk Management For the Securities Industry, Vol. 9, No. 3, May-June 2016
• Co-Author, “‘Litvak’ Dicta Provides Counsel Fodder for Challenging Proof of Intent,” New York Law Journal, April 2016
• Co-Author, “A New Tool For Extraterritorial Sanctions Enforcement,” Law360 Expert Analysis, 2015.
• Co-Author, “Conducting An Effective Sports Investigation,” Inside The Minds:Understanding Sports Law, Aspatore 2014
• Co-Author, “Trends and Strategies in Today’s White Collar Law Cases,” Inside the Minds: Managing White Collar Legal Issues, Aspatore 2014
• Co-Author, “Strange Bedfellows: Insider Trading and Political Intelligence,” Bloomberg BNA, 2013
• Co-Author, “New SEC Admission Policy May Be Tested Sooner Than Later,” Law360 Expert Analysis, 2013

Speaking Engagements

• “Lessons From Recent Trials,” New York City Bar Association’s 8^th Annual White Collar Crime Institute, May 15, 2019
• “Cybersecurity Hypotheticals,” 2018 Managed Funds Association Legal & Compliance Conference 2018, March 8, 2018, New York
• “Effective Anti-Corruption Ethics and Compliance Programs,” 2017 Columbia Law School Brazil Forum: Challenges and Perspectives, April 2017, New York
• “Addressing Current Legal Issues in Daily Fantasy Sports,” Cardozo Sports Law Symposium, March 2016, New York
• “Judge, Jury and Executioner: Internal Investigations in Sports,” Cardozo Sports Law Symposium, March 2015, New York
• “White Collar Investigations and Sports Law: Conducting an Effective Sports Investigation,” Thomson Reuters Webcast, December 2014, New York
• “Ansfield v. Omnicare: Collective Knowledge in Securities Fraud Suits,” New York State Bar Association, Securities Regulation Committee, November 2014
• “The Rising Popularity of Participating in Fantasy Sports Leagues for Cash,” Cardozo Sports Law Symposium, March 2014, New York
• “Insider Trading and Beyond: Recent Enforcement Trends in the United States and the United Kingdom,” Alternative Investment Management Association Panel, January 2014, London, UK
• Chris has frequently given CLE presentations on trends in insider trading and securities law enforcement
• Chris has been a panelist at the Department of Justice’s National Advocacy Center on prosecuting export-related offenses