Representative Matters

• See Court Decisions page for recent victories by teams led by John Lang
• When the relatives of a deceased businessman were confronted with an unexpected codicil to the businessman’s will giving much of his wealth to a person who had just been disinherited, John Lang took the case to trial in Surrogate’s Court, where a jury found the codicil to be a forgery.
• When the widow of the owner of a nationwide chain of stores was faced with hostile guardianship proceedings, John Lang helped her avoid the guardianship and also obtained the suspension of a hostile trustee of a trust to which she was a beneficiary.
• When the estate planning and offshore asset protection trusts of a family of very high net worth individuals came under attack by various federal agencies, John Lang was called upon to provide advocacy and consulting services to family lawyers.
• When a trustee and holder of a power of attorney refused to provide an accounting to a co-trustee and beneficiary, our Firm obtained a court order directing that a prompt and full accounting be filed with the court.
• Provided litigation consulting services to Trust and Estate practitioner representing beneficiary of spendthift trust who was being mistreated by trustee.
• Sustained the sale of trust property and successfully defended the actions of a trustee when challenged in N.Y.S. Supreme Court by disgruntled beneficiaries.
• Represented the attorney drafts person of a will in a Section 1404 proceeding.
• Served as lead counsel in team of attorneys representing beneficiary of estate in mediation with co-trustee of estate. Issues mediated involved wasting and looting of estate assets. Settlement obtained.
• John Lang has advised Trust and Estates counsel regarding ethics and professional representation disputes.

Representative Matters

• When the CEO of an independent oil distributorship was faced with an IRS audit that could have forced him to file for bankruptcy, John Lang negotiated a settlement that permitted his company to stay in business.
• When a financial institution was unable to settle an IRS claim demanding it pay the tax liability of a commercial loan customer, it turned to John Lang who tried the case before a jury in U.S. District Court and attained a verdict of no liability.
• Obtained reversal on appeal of an IRS audit finding that a professional photographer's business deductions were all improper based on the erroneous opinion that his photography was merely a hobby.
• Obtained reversal on appeal of gasoline excise tax assessment.
• Represented taxpayer in the United States Tax Court in a IRS challenge to a conservation easement.
• Helped international businessman obtain civil settlement of multimillion dollar failure to file case.
• Provided consulting services to legal team defending sophisticated offshore trust estate plan under investigation by the IRS.

Representative Domestic Commercial Litigations

• Obtaining a favorable settlement for the president of an insurance company in class action litigation arising from the company going into rehabilitatorship.
• Securing a favorable trial verdict, on behalf of a bank, which enforced a guarantee given to bank by a Nevada real estate developer for a loan on which his company had defaulted.
• Attaining the dismissal of a RICO class action suit against the landlord of a major Midtown NYC office building by a commercial tenant.
• Obtaining a favorable settlement for a hedge fund in securities fraud litigation against an investment bank, following aggressive discovery focused on the defendant investment bank's violations of its own internal procedures.
• Securing a public retraction of false claims, for an insurance company in trade libel action against a competitor which had published misleading representations of the financial soundness of the client’s insurance product.
• Defending and capping the liability of an attorney/accountant who was sued by aggrieved investors who were economically harmed by the alleged fraud of the general partner of a series of bankrupt oil and gas limited partnerships.
• Defending a publisher against both a consumer class action and multistate attorneys general proceedings arising from sweepstakes advertising, with a favorable settlement that included avoidance of personal liability to the company.
• Resolving a dispute on behalf of a music festival accused of breach of contract by an artist (who claimed she had an oral contract to perform) with no payment by the festival.

Representative International Matters

• Defending a British multinational commodities trading company against a US $60 million commodities fraud claim by conducting an investigation of an NYSE-listed plaintiff and uncovering basis for a RICO counterclaim that led to favorable settlement of the case.
• Prosecuting technology litigation by a U.S. company against a Swedish software company, and obtaining a favorable settlement.
• Successfully defending a trademark case brought by a Japanese tool company against a U.S. corporation in the U.S. Court of International Trade, by demonstrating weakness of the claim.
• Prosecuting a case in the U.S. against an Israeli bio-technology company for securities fraud, on behalf of U.S. and international investors. Prosecution resulted in a multi-million dollar settlement for the plaintiff investors.
• Negotiating the resolution of a dispute among principals of a Bermuda-based hedge fund, in which the client retained undisputed control of company.
• We obtained default fraud judgment, including award of attorneys fees, in Connecticut U.S. District Court on behalf of Bermuda plaintiff in construction industry.
• Our firm was retained after commodities trader defendant had defaulted on complaint alleging fraud scheme involving investments in Africa. We noticed our appearance for defendant, advised palintiff of contents of motion to dismiss that we were prepared to file, and we then secured a dismissal of case on plaintiff's own motion.

Representative Domestic Investigative and Financial Crime Matters

• Representing a national bank that was the subject of a joint investigation by the Department of Justice and Department of the Treasury. Charges involved allegations of money laundering, as well as currency transaction reporting violations (both national and international).
  Result: Avoidance of any action against the bank, as well as assisting its staff in developing a comprehensive compliance program as part of a non-prosecution settlement.
• Defending the CEO of one of the largest container facilities on the West coast from prosecution arising out of a joint federal task force investigation focused on alleged customs violations and employment of illegal aliens. Charges included bribery of a federal officer. The challenges included:
  - The defendant’s prior guilty plea in US District Court
  - A videotaped confession to the FBI
  - An audiotape of the alleged bribery
  - Expected adverse testimony of the defendant’s wife, who helped manage the business
  Results: Withdrawal of the guilty plea, suppression of the confession, development of entrapment defense, and a successful motion for mistrial after two weeks of trial based upon a proof of government’s failure to disclose key documents, proof of perjury by the federal agent who allegedly received the bribe, and a showing that that defendant’s right to present defense had been impaired. Ultimately all charges were dismissed with prejudice.
• Representing the CFO of an insurance company accused of fraudulent SEC filings. The client was under investigation by the U.S. Justice Department, the SEC, and a Special Committee formed by one of the company’s Board of Directors.
  Results: Justice Department took no action and referred matter to SEC. SEC took no action against client. Special Committee of Board of Directors recommended that suit not be brought against client.
• Representing a senior partner of an accounting firm in a lengthy trial of felony tax evasion conspiracy and perjury charges in U.S. District Court. Challenges included testimony of numerous government cooperators who had previously pleaded guilty in same matter. These included an attorney and an accountant partner in defendant’s firm.
  Results: Four-week jury trial ended in mistrial following cross-examination of government’s star witness. Case later settled based on misdemeanor plea to failing to file an informational return with sentence of probation.  Client retained his CPA license.
• Conducting an internal investigation, on behalf of a national insurance brokerage firm into allegations of fraud and kickbacks in the construction of a ‘build-out’ of new office space.
  Result: Identification of the individuals responsible of wrong-doings, and discovery of evidence that allowed for prosecution of the perpetrators.
• Securing a no-action disposition for a stock broker under investigation by the New York Stock Exchange for an alleged front-running violation.
• Reaching a satisfactory settlement with the government for a nursing home operator in a dispute regarding Medicare reimbursement accounting.
• Negotiating a mutually acceptable settlement for a technology company under investigation by the New York State Attorney General’s office for alleged Blue Sky Law violations.
• Being part of a legal team that represented a bankrupt defense contractor against a backdrop of a highly publicized Justice Department investigation for fraud and corruption allegations against public officials, corporate executives, and auditing firms.
  Result: A commendation from then-U.S. Attorney Rudolph Giuliani expressing appreciation for the client’s cooperation with the investigation.

Representative International Investigative and Financial Crime Matters

• Representing an international technology security firm under investigation by the Department of Justice with respect to alleged export of missile technology to China.
  Results: No charges were filed against the client.
• Defending an offshore bank in a Securities and Exchange Commission enforcement action targeting certain assets.
  Results: Attained a favorable settlement agreement.
• Representing international entrepreneur under federal investigation for securities fraud, money laundering. Stock fraud charges were also pending in France.
  Results: Worked out favorable plea agreement with government, arranged for restitution, and obtained sentence of probation. Retained and worked with French counsel to obtain disposition of French charges with no additional penalty.
• Conducting an internal investigation of a foreign bank’s entertainment subsidiary that was suspected of skimming profits and submitting fraudulent financial reports.
  Results: Uncovered and documented significant fraud, and provided the evidentiary basis for our client’s subsequent civil litigation against the perpetrators.
• Representing a New Zealand national who was imprisoned in Thailand on U.S. insurance fraud charges, including extradition proceedings.
  Result: Obtained a sentence of probations and secured permission for the client to return to New Zealand.
• Representing a television production company under investigation by the Royal Canadian Mounted Police, and Revenue Canada.
  Result: No charges were filed against the company.
• Providing assistance and guidance to law firm regarding defense of U.S.-based, high-net-worth individuals who were subject of criminal investigations relating to transactions involving use of Isle of Man grantor and non-grantor trusts.
  Result: No criminal charges filed.
• Negotiating a settlement for an offshore reinsurer under investigation by the New York State Department of Insurance for under capitalization.
  Results: A mutually acceptable reallocation of capital.