Alan B. Vickery
t: 212 446 2345
f: 212 446 2350
Areas of Practice
Columbia Law School, J.D., 1983; James Kent Scholar (1980-81); Harlan Fiske Stone Scholar (1981-82 and 1982-83); Notes and Comments Editor, Columbia Law Review
Amherst College, B.A., magna cum laude, American Studies, 1976
Associate Justice William H. Rehnquist, United States Supreme Court, 1984-1985
Chief Judge Wilfred Feinberg, United States Court of Appeals for the Second Circuit, 1983-1984
United States Supreme Court
United States Courts of Appeal: Second, Fourth and Federal Circuits
United States District Courts: Southern and Eastern Districts of New York
Alan Vickery has 32 years’ experience in all aspects of civil and criminal litigation. He specializes in complex, high-stakes financial and business cases, working closely with clients to identify and achieve cost-effective solutions to their most challenging legal problems. He has substantial jury trial and appellate experience, and has conducted arbitrations under JAMS, AAA, ICDR and ARIAS rules.
Mr. Vickery has represented prominent domestic and foreign corporations in litigation in a broad range of fields, including:
- contracts and complex corporate transactions
- derivatives, securities and other financial products
- insurance coverage and complex insurance claims
- antitrust and unfair business practices
- professional sports and media rights
- computer technology and intellectual property
- fraud, business torts and civil RICO
- corporate governance, derivative suits and class actions
- regulatory investigations and enforcement proceedings.
Many of these representations have involved parallel proceedings in multiple U.S. and foreign jurisdictions; adversary proceedings in bankruptcy court; internal investigations; and governmental investigations.
Prior to joining Boies Schiller in April 1999, Mr. Vickery was Chief of the Business & Securities Fraud Section of the U.S. Attorney’s Office for the Eastern District of New York, where he served as a criminal prosecutor for seven years. Drawing on that experience, he has represented firms and individuals as witnesses, subjects and potential targets in regulatory proceedings and criminal investigations. He also has conducted sensitive internal corporate investigations of potential, suspected or alleged improper conduct or illegal activity and whistleblower claims. Notably, he has headed off or otherwise favorably resolved SEC and other federal and state regulatory investigations, with little or no publicity.
Mr. Vickery received his J.D. from Columbia Law School, where he was a James Kent Scholar and Notes and Comments Editor of the Columbia Law Review. Following graduation, he clerked for Chief Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and then for Associate Justice William H. Rehnquist of the United States Supreme Court.
Financial sector and insurance clients Mr. Vickery has represented include, among others, Zurich Insurance Group and many of its subsidiaries, John Hancock Financial Services and its life insurance subsidiaries, Goldman Sachs, Morgan Stanley, Fidelity National, Prudential, Natixis and FM Global. Sports and media clients include the New York Yankees, the Yankees Entertainment & Sports Network, NASCAR, the New York Times Company, Comcast, Washington Sports Ventures and Leo Kirch, late founder of Germany’s media conglomerate KirchGroup. Technology sector clients include Oracle, Intertrust Technologies, Symantec Corporation and Caithness Energy. Clients in a variety of other industries include Akzo Nobel, Thomson S.A., Trizec Properties and its CEO Peter Munk, Barrick Gold and Solow Building Company.
Before joining the U.S. Attorney’s Office, Mr. Vickery was an associate with Cravath, Swaine & Moore, where he participated in complex litigation for Continental Airlines, IBM, Westinghouse Electric, Salomon Brothers, Price Waterhouse, Polaroid Corporation, Transworld Corporation, the Federal Deposit Insurance Corporation and the Resolution Trust Corporation, among others.
The following are examples of Mr. Vickery’s representations since joining Boies, Schiller & Flexner:
Antitrust, Professional Sports and Media
- The New York Yankees in litigation to terminate its $450 million long-term media rights agreement with Cablevision subsidiary Madison Square Garden Network in 2001, clearing the way for creation of the Yankees Entertainment & Sports Network (“YES Network”), which was reported in press accounts in 2014 to be valued at approximately $3.9 billion.
- YES Network in an antitrust suit against Cablevision over its refusal to carry YES Network and Yankees games for the 2002-2003 baseball season, in an effort to thwart the launch of YES Network by depriving it of access to Cablevision's three million subscribers in the greater New York metropolitan region.
- YES Network in AAA arbitration with Cablevision to set long-term pricing and carriage terms, pursuant to a settlement of YES Network’s antitrust case signed just ten minutes before the first pitch of the Yankees’ opening game for the 2003-2004 season, which was carried by Cablevision pursuant to the settlement, with terms to be set in the arbitration.
- NASCAR in a $1 billion antitrust challenge over NASCAR's business model and refusal to allocate a second Winston Cup (now Nextel Cup) race date to Texas Motor Speedway.
- YES Network in “most-favored nation” litigation against Time Warner Cable over carriage terms.
- The New York Yankees and the YES Network in antitrust class action against Major League Baseball, eight clubs including the Yankees, regional sports networks including YES, Comcast and DirecTV over exclusive broadcast territories preventing unfettered distribution of games over internet, cable and satellite.
- Prominent media company and minority member of well-known multi-billion professional sports and entertainment enterprise over restrictions on minority member rights and ability to sell ownership stakes to third parties.
- German media mogul Leo Kirch in litigation against Deutsche Bank, its former CEO Rolf Breur, and others over the collapse of KirchGroup, once Germany's largest media conglomerate.
- Washington Sports Ventures in litigation over the NFL's failure to approve the sale of the Redskins Football Club to it by the Jack Kent Cooke estate, notwithstanding its winning bid.
- Arbitration by Washington Ventures against its former member Dan Snyder for misappropriation of opportunity to acquire the Washington Redskins Club.
Financial Services and Contract Litigation
- Zurich Insurance subsidiary Centre Group in defending $750 million of claims by creditors of a bankrupt owner of 80 nursing homes after Centre, represented by a different firm, had already been found jointly and severally liable by the bankruptcy court for all the owner’s debts under a de-facto-partnership theory; achieved court-approved settlement of $47.5 million.
- Managing member of successful $2.5 billion alternative energy project in JAMS arbitration of complex contract interpretation dispute over allocation of distributions among LLC members.
- Zurich Global Life in lawsuit brought by Aviva Life in Delaware Chancery Court over crediting rate and surrender rights of a long-term stable value protection fund offered by a Zurich investment trust, into which $180 million in premiums had been invested 12 years earlier to fund business-owned life insurance (“BOLI”) policies issued by American General Life to Aviva’s predecessors.
- Goldman Sachs in suit by New York Stock Exchange seat holders seeking to enjoin NYSE merger with Archipelago Holdings, an electronic trading firm, and resulting “going public” of the NYSE.
- ARIAS arbitration of alleged violations of duty of utmost good faith and fair dealing in disclosures material to valuation in the acquisition of a $1.5 billion book of long-term disability policies through a 100% quota share reinsurance agreement.
- International financial services company in pursuing diverted assets backing a $220 million off-shore securitization of receivables of Indonesian paper mills owned by Asia Pulp & Paper, which was at the time subject to potential liquidation proceedings in Singapore.
- Foreign affiliates of U.S. based capital markets firm in claw-back actions seeking hundreds of millions of dollars brought in the British Virgin Islands and in the Southern District of New York by liquidators of Fairfield Sentry Fund and by Irving Picard, Trustee of Bernie L. Madoff Securities Inc., as well as potential litigation by liquidators of other Madoff feeder funds.
- Similar claw-back actions in Florida, the British Virgin Islands and the Bahamas by the liquidators of Lancer Offshore Fund and AWH Fund Ltd., respectively.
- Domestic subsidiary of foreign financial services firm in five-year litigation marathon in multiple U.S. and foreign jurisdictions to recover assets and funds backing a complex derivative structure which had been diverted and misappropriated by a web of interconnected on-shore and off-shore funds of funds; successfully recovered all of the client’s losses plus part of its attorneys’ fees and expenses.
- Foreign investment bank in negotiations over restructuring the debts of its wholly owned mono-line insurer which had issued $30 billion in credit default swaps that became insolvent in the wake of the 2008 financial crisis.
- John Hancock Life Insurance Company in defense of purported class action on behalf of owners of universal life policies that permit increases in the periodic cost-of-insurance charges deducted from the policy value based on changes in future expectation of mortality experience; unlike some other insurers John Hancock has not imposed such increases, so the complaint seeks damages and prospective relief for alleged breach of the policies by failure to reduce the cost-of-insurance charges as a result of allegedly better-than-anticipated mortality experience.
- National coordinating counsel and lead litigator for major life insurer challenging over $1 billion in stranger-originated-life-insurance policies (“STOLI”) as void ab initio for lack of insurable interest and fraud; and in cooperating with prosecutors and regulators investigating brokers and investors engaged in fraudulent STOLI transactions.
- Zurich Insurance and AkzoNobel in negotiating a complete settlement of the environmental mitigation demand by New York State and Livingston County as to brine escaping from a massive flooded salt mine 1200 feet underground, which threatened overlying aquifers; controlled pumping from above the mine and construction of an innovative desalination plant had proved successful at intercepting the brine flow for more than seven years, but at an unsustainable multi-million-dollar annual cost that would have to continue, absent the settlement, for approximately 2,500 years.
- Lead property and casualty insurer in connection with claims by owner and global construction company related to condemnation of newly constructed $450 million office building because of alleged fundamental defects and seismic instability.
- Silicon Valley computer technology firm in potential expedited litigation in Delaware Chancery Court seeking specific performance of multi-billion-dollar contract of sale of software business unit when purchaser and its banks delayed scheduled closing based on reasons which raised the possibility they were looking for grounds to back out of the purchase due to buyer’s remorse because of downturn in business unit’s revenues following purchase agreement.
- Oracle in $4 billion damages claim by HP based on Oracle’s decision to stop making its flagship database software compatible with HP’s large Itanium-chip-based computers.
- Silicon Valley computer technology firm in patent and antitrust disputes with dominant computer operating system firms.
- Evaluation of potential patent claims against major computer operating system companies over computer search functionality and rich media applications.
Internal Investigations, Regulatory and White Collar Defense
- “Pool counsel” retained by Galleon Group to represent approximately 60 then current and former executives and employees, individually, in federal criminal and SEC investigations and prosecutions related to insider trading charges against Galleon’s founder Raj Rajaratnam, former McKinsey CEO Rajat Gupta, and others.
- Financial firm in internal investigation and in defense of SEC enforcement investigation of market timing of mutual funds.
- Insurance company in connection with SEC and New York Attorney General investigations into finite reinsurance allegations.
- Capital markets firm in connection with negotiations, litigation and regulatory investigations over institutional accumulation and arbitrage of retail insurance products.
- Corporate parent in conducting internal investigation into allegations of misconduct by in-house counsel of subsidiary.
- Fortune 500 corporation in conducting internal investigation into whistleblower allegation of alleged theft of trade secrets from competitor.
Selected Professional Awards and Associations
Trustee, United States Supreme Court Historical Society
Member, Columbia Law School Board of Visitors
Chairman, American Friends of Lucerne Festival
Past Director, Salle Modulable Foundation located in Lucerne, Switzerland
Regularly Listed Among Top Lawyers by Super Lawyers Magazine and Best Lawyers in America
Executive Office of U.S. Attorneys, United States Deptartment of Justice, Director's Award for Superior Performance in 1994 and 1997
Member, American Bar Association and ABA’s Litigation Section
Member, New York State Bar Association
Member, New York City Bar Association
Member, Federal Bar Council
Active in Alumni Associations and Fundraising for Amherst College and Columbia Law School
Note, Breach of Confidence: An Emerging Tort, 82 Colum. L. Rev. 1426 (1982) (cited by numerous federal and state courts, including the U.S. Court of Appeals for the Second Circuit and the highest courts of Oregon (in banc), Virginia, Ohio, South Carolina and the District of Columbia)
A.B.A. White Collar Section, San Francisco, Cal. 1999, Criminalizing Breach of Fiduciary Duties
A.B.A. White Collar Section, San Francisco, Cal. 1998, Reinsurance Fraud, U.S. v. John Brennan and United States Aviation Underwriters
Andrews Publications Annual International Reinsurance Conference, Cambridge, Mass. 1997, Reinsurance Fraud Based on Fiduciary Duties, U.S. v. John Brennan and United States Aviation Underwriters
Columbia University Law School White Collar Seminar (Prof. John Coffee), 1995, 1997 and 1998, Guest Lecturer
Fordham Law School White Collar Crimes Seminar, 1994, Guest Lecturer
A.B.A. Antitrust Section, Section 1 Committee, Washington, D. C. 1989, Essential Facility Doctrine in Airline Computer Reservation Systems Antitrust Litigation, Continental Airlines v. American Airlines and United Airlines
State, County to Split $20M From Salt Mine Settlement (In the News)
Board of Supervisors approves settlement with AkzoNobel (In the News)
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
Alan Vickery '83: Competitive Edge (Columbia Law School Magazine)
Donation for a Lucerne Opera House Is in Dispute (In The News)
Sixteen BSF Attorneys Named 2010 New York Super Lawyers -- Metro Edition (2010 New York Super Lawyers -- Metro Edition)
Other BSF Cases of Interest (Winter 2010)
BS&F Draws Former SEC Miami Regional Head (Winter 2010)
2009 Another Banner Recruiting Year (Winter 2010)
BSF Tallies Another Victory for NASCAR (Winter 2010)
Firm Report: May 2009 (May 2009)
Thirteen BSF Attorneys Named 2009 New York Super Lawyers -- Metro Edition (2009 New York Super Lawyers -- Metro Edition)
Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)
Taking a Hard Line Amid the Wreckage (The New York Times)
Second Circuit's Broad View of Manipulation (New York Law Journal)
Chief of the Business and Securities Fraud Section, United States Attorney's Office, Eastern District of New York, 1997-1999; Deputy Chief of that Section, 1996-1997 Assistant United States Attorney, Criminal Division, United States Attorney's Office, Eastern District of New York, 1992-1999