log in
Print | Back

Lowenstein Sandler LLP

Michael B. Himmel

Michael B. Himmel

Partner
Chair, White Collar Criminal Defense 

Lowenstein Sandler LLP
New York, U.S.A.

tel: 646.414.6904 (NY)
Send an Email

Local Time: Thu. 04:34

Profile

Few choices are more important to a company or individual than the counsel they select when faced with a government investigation, potential indictment, or trial. Michael's significant experience defending entities and individuals in high-profile, bet-the-company matters makes him a clear choice when so much is at stake. His clients benefit from his years of experience on both sides of the courtroom, as well as his deep-rooted commitment to the successful outcome of each matter he handles.

Michael's national white collar practice includes matters involving the Foreign Corrupt Practices Act, criminal antitrust matters, health care fraud, securities fraud, tax fraud, and political corruption, as well as internal investigations. His clients have included private and public corporations in various industries, including life sciences and the financial sector, officers and directors of private and public corporations, professionals, and state and federal officials.

Chambers USA ranks Michael in Band 1 in White Collar Crime and Criminal Investigations, stating that he "receives extensive praise from commentators, who describe him as 'brilliant, direct, and tenacious,'" while also noting that he "understands legal strategy and is exceptionally able."

Michael's broad experience in white collar criminal matters, including trial, has resulted in his retention in many sophisticated civil litigation matters involving securities and corporate litigation. He frequently represents plaintiffs in securities class actions and has reached settlements for his clients ranging from $84 million to $1.3 billion. Michael is the immediate past chair of Lowenstein’s litigation practice, leading the department from 2007 to 2017.

Michael served as an Assistant District Attorney in Bronx County, New York, and an Assistant U.S. Attorney for the District of New Jersey, where he led the prosecution and conviction of a New Jersey state senator, a former speaker of the state legislature, and a number of union officials. He currently serves on the Advisory Board for the Association of the Federal Bar of New Jersey and is a member of the Federal Bar Council, Second Circuit.

Bar Admissions

    New York
    New Jersey

Education

St. Louis University School of Law (J.D. 1974), Member, St. Louis University Law Review
New York University (B.S. 1971)
Areas of Practice
Professional Career

Significant Accomplishments

White Collar & Government Investigations

Successfully represented numerous entities accused of FCA and FCPA violations. Secured a two deferred prosecution agreement for a global company that provides engineering and environmental consulting services to various federal, state, regional, and local governmental and quasi-governmental agencies. The case was initially brought as an FCA qui tam matter, which led to an investigation of alleged FCPA violations. The lead enforcement agencies were the U.S. Department of Justice and the U.S. Attorney's Office for the District of New Jersey.

Successfully represented numerous individuals in the banking and securities industries who were the targets of investigations conducted by the DOJ and the SEC. Currently representing a client in connection with an SEC investigation concerning the potential mismanagement and/or misappropriation of funds of a multibillion-dollar international hedge fund.

Successfully represented audit committees of public companies in connection with internal investigations related to DOJ and SEC inquiries.

Successfully represented numerous individuals investigated for alleged insider trading violations. Successfully represented numerous clients in federal antitrust investigations. Successfully represented individuals who were the subjects of alleged tax-fraud violations. Successfully represented individuals in political corruption investigations and prosecutions.

Successfully represented many individuals and entities in connection with Bernard L. Madoff-related investigations. Currently representing an agency of an international state in defending against a bankruptcy adversary proceeding arising from the Madoff Investment Securities recovery.

Business Litigation

Represented the State of New Jersey as special outside counsel in the State’s lawsuit against Volkswagen, Audi, and Porsche for their role in a massive consumer fraud scandal known as “dieselgate.” Successfully negotiated a settlement of all claims for a total of $69 million for New Jersey.

Successfully represented a partner in business dispute concerning a large apartment complex; obtained judgment in excess of $50 million against defendant managing partner for civil racketeering offenses, fraud, breach of fiduciary duty, and breaches of the partnership agreement and partnership law.

Successfully represented several Fortune 100 companies in qui tam cases.

Successfully represented institutional investors as plaintiffs in the civil prosecution of securities fraud cases.

Successfully represented national and regional law firms as defendants in legal malpractice cases.



Professional Associations

Association of the Federal Bar of the State of New Jersey, Advisory Board


Seminars

A frequent lecturer for the Institute on Continuing Legal Education on white collar criminal defense topics, he has been a panelist and faculty member for the American Bar Association White Collar Crime Institute.

Professional Activities and Experience

Accolades
  • Chambers USA: America's Leading Lawyers for Business (2004-2019) - Michael Himmel
  • The Best Lawyers in America - (1995-2020) - Michael Himmel
  • New Jersey Super Lawyers (2005-2018) - Michael Himmel
  • National Judge Learned Hand Award - Metro New Jersey Region of the American Jewish Committee - 2015 - Michael Himmel
  • Merit Selection Committee - United States District Court - 2014
  • Trial Bar Award - Trial Attorneys of New Jersey - 2003

Articles

Making sense of U.S. antitrust law is a nearly impossible feat. If you have ever attempted it, you likely found yourself entangled in a labyrinth of intricate rules, followed by an even larger web of obscure exceptions to those rules. The murky nature of antitrust law is further exacerbated when foreign corporations, or foreign affiliates of U.S. corporations, find themselves in a U.S. court defending against allegations of anticompetitive conduct.


While this may be of little consolation to foreign entities, the reality is that the existing case law is inconsistent. Nonetheless, the livelihood of a foreign entity may hinge on knowing how to defend against an antitrust lawsuit. To make matters worse, in the most recent antitrust case involving foreign companies, Animal Science Products, Inc. v. China Minmetals Corporation,1 the Third Circuit made it more complicated for foreign defendants to get out from under complex and expensive litigation. In that case, the court significantly tipped the scales against foreign entities defending against violations of antitrust law, particularly with respect to litigation exposure and costs. If this decision is any indication of the future for antitrust litigation, foreign defendants undoubtedly will face an increasingly uphill battle. Ironically, as the litigation stakes become higher, the law seems to become muddier.

The FCPA recently celebrated its 40th birthday. For most of those four decades, the United States has dominated international anti-corruption enforcement, however, new global players and partners are emerging: the U.K., France and Brazil have become key partners with the United States on anti-corruption actions. That is continuing – in fact, just this summer, Honeywell International Inc. announced that both the United States and Brazil are investigating the company for potential FCPA violations.


Beyond just partnering with the U.S., nations around the world are developing and strengthening their own enforcement mechanisms. This is creating new dynamics for anti-corruption enforcement, with the potential for both complementary and conflicting overlap. This article discusses five growing trends to consider in the area of cross-border anti-corruption investigations and actions.


(subscription required to access article)


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2019