Alan B. Vickery
New York City
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 over 31 years’ experience in all aspects of civil and criminal litigation. He specializes in complex business litigation, identifying and achieving cost-effective solutions to clients’ most complex problems, whether by negotiation, mediation, arbitration or trial. He has extensive experience litigating contract, insurance, financial products, corporate governance, antitrust, media, and securities disputes, as well as handling internal corporate investigations, defending against SEC and other regulatory enforcement investigations, and representing corporations and individuals in grand jury investigations and white collar prosecutions. A former federal prosecutor, he has substantial jury trial experience.
Mr. Vickery obtained his J.D. from Columbia Law School, where he was a James Kent Scholar and Notes and Comments Editor of the Columbia Law Review. He then served as a law clerk to Chief Judge Wilfred Feinberg of federal Court of Appeals for the Second Circuit, followed by a year of service as law clerk to Associate Justice William H. Rehnquist of the United States Supreme Court.
Following his clerkship for Justice Rehnquist, Mr. Vickery began private practice as a litigation associate with Cravath, Swaine & Moore, where he worked on complex antitrust, intellectual property and commercial cases for major corporations, including Continental Airlines, IBM, Westinghouse Electric, Price Waterhouse, Polaroid, Salomon Brothers, the Federal Deposit Insurance Corporation and the Resolution Trust Corporation, among others.
In 1992, Mr. Vickery joined the Criminal Division of the U.S. Attorney’s Office for the Eastern District of New York. As an Assistant U.S. Attorney, he conducted numerous jury trials in federal district court and appellate arguments in the U.S. Court of Appeals for the Second Circuit. After initially handling a wide variety of prosecutions involving weapons, narcotics, and criminal enterprises, he was assigned to the Business and Securities Fraud Section, where he investigated and tried complex white collar crimes. He was appointed Deputy Chief of that Section in 1996 and Chief in 1997, in which positions he supervised the Office’s white collar business prosecutions until he returned to private practice in April 1999.
Mr. Vickery left the U.S. Attorney’s Office to join David Boies and Jonathan Schiller in what at the time was a small start-up litigation boutique, but which has since grown into one of the country’s leading national law firms, with over 250 litigators who handle complex cases in federal and state courts throughout the United States and supervise such cases in many foreign jurisdictions.
During more than 15 years with the firm, Mr. Vickery has handled challenging matters, arbitrations and court cases in a wide range of industries. He has represented Zurich Insurance Group and many of its subsidiaries, John Hancock Financial, Goldman Sachs, Morgan Stanley, Oracle, the New York Yankees, the Yankees Entertainment & Sports Network, the New York Times Company, Galleon Group, Barrack Gold, Prudential Financial, and many other major corporations, organizations and individuals.
Mr. Vickery has extensive experience in disputes involving complex structured products, derivatives, insurance and re-insurance. These include litigation with domestic and off-shore hedge funds over securities fraud and diverted assets and litigation related to domestic and foreign insolvencies and bankruptcies of counterparties. They also include complex insurance coverage and claims litigation. In addition, Mr. Vickery has represented firms and individuals as witnesses, subjects and potential targets in numerous governmental investigations and prosecutions, and conducted corporate internal investigations. He has a successful track record of heading off or otherwise favorably resolving SEC enforcement investigations and other federal and state regulatory and criminal investigations, with little or no publicity.
Mr. Vickery also has substantial experience handling widely publicized antitrust and contract cases related to professional sports and media. These include representing:
- The New York Yankees in litigation to terminate its long-term media rights agreement with Cablevision subsidiary Madison Square Garden Network.
- The Yankees Entertainment and Sports Network (“YES Network”) against Cablevision, Time Warner Cable and other cable and satellite carriers in antitrust and carriage disputes, including in litigation to end Cablevision’s boycott of YES Network and the Yankees in 2002-2003.
- NASCAR in a $1 billion antitrust challenge by Speedway Motorsports Inc. against NASCAR and its affiliate International Speedway Corporation (ISC) over NASCAR's business model and allocation of Winston Cup (now Nextel Cup) race dates to SMI’s newly built Texas Motor Speedway.
- The New York Yankees and the YES Network in a pending class action against Major League Baseball (“MLB”), eight MLB Clubs including the Yankees, numerous regional sports networks including YES Network, and two major cable and internet distributors, Comcast and DirecTV. The case is brought on behalf of internet and cable subscribers who are sports fans and object to the exclusive territorial restrictions that MLB places on distribution of major league baseball games by cable, satellite and internet services.
- A leading media company in connection with disagreements with the managing member of a well-known sports and entertainment company over minority member rights and freedom to sell minority interests to a third party.
- German media mogul Leo Kirch in litigation against Liberty Cable and Deutsche Bank over the collapse of KirchGroup, once Germany's largest media conglomerate.
- Washington Sports Ventures (“WSV”) -- the highest bidder in the sale of the Washington Redskins Football Club by the Estate of Jack Kent Cooke -- in litigation with the Cooke Estate and others over the NFL's failure to approve the executed contract of sale to WSV and thus the collapse of the deal.
During his service as an Assistant U.S. Attorney, Mr. Vickery handled major criminal trials and appellate arguments, including:
- United States v. John Brennan and U.S. Aviation Underwriters, a 7-week insurance fraud trial arising out of a commercial airline crash near Los Angeles, see 938 F. Supp. 1111 (E.D.N.Y. 1996), and appeal, 183 F.3rd 139 (1999)(reversed on venue grounds);
- United States v. Paul Russo, et al., an eleven-week stock manipulation trial, and appeal, 64 F.3d 1383 (2d Cir. 1995) (Second Circuit expanded scope of "in connection with" element of SEC Rule 10b-5);
- United States v. Santos Negron, et al., 3-week trial of members of large-scale "crack" cocaine manufacturing and distribution organization on continuing-criminal-enterprise, drug trafficking and weapons charges, and appeal;
- United States v. Renaldo Rodriguez, indictment of suspected hit man on federal weapons charges, 841 F. Supp. 79 (E.D.N.Y. 1994), and appeal, 53 F.3d 545 (2d Cir. 1984)(interpreted scope of statute prohibiting carrying or using firearm equipped with a silencer during and in relation to drug trafficking offense).
- In Re Richard Roe, 168 F.3d 69 (2d Cir. 1999) (scope of crime-fraud exception to attorney-client privilege in grand jury investigation).
- Press coverage of the Brennan and Russo cases included, respectively, "Taking a Hard Line Amid the Wreckage, " Sunday New York Times, Money and Business Section, p. 1 (10/6/96), and "Second Circuit's Broad View of Manipulation," New York Law Journal, p. 1 (3/28/96).
Significant grand jury investigations resulting in prosecutions include United States v. Engel, et al. ($115 million bank fraud); United States v. Lester Coleman (perjury in connection with Pan Am - Lockerbie civil litigation; Coleman purported to offer first-hand support for false defense theory that U.S. government agents negligently allowed terrorists to smuggle a bomb on board Pan Am Flight 103 by infiltrating secret government operation, featured in Time Magazine cover story 4/27/92); United States v. Caserta, et al. (investment banking advance fee scheme by founder of Spectrum Technologies); and United States v. Strugats (medicare and insurance fraud).
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
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
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
Sixteen BSF Attorneys Named 2010 New York Super Lawyers -- Metro Edition (2010 New York Super Lawyers -- Metro Edition)
2009 Another Banner Recruiting Year (Winter 2010)
BSF Tallies Another Victory for NASCAR (Winter 2010)
Other BSF Cases of Interest (Winter 2010)
BS&F Draws Former SEC Miami Regional Head (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)
Government ServiceChief 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