Eugene R. Licker

Of Counsel

lickere@ballardspahr.com
Tel 646.346.8074
Fax 212.223.1942
New York

Eugene Licker has more than 35 years of experience as a New York-based civil and criminal trial attorney who litigates a variety of matters spanning consumer financial services, securities litigation and enforcement, white collar criminal defense, and internal investigations. He has handled a wide variety of complex, high-profile cases in civil, criminal, and administrative forums nationwide.

Eugene's experience in a broad range of civil litigation includes defense of consumer class actions, and he has successfully defended numerous high-stakes securities-related claims as well as myriad other claims involving fraud allegations. He has represented clients in various investigations and actions by the Securities and Exchange Commission (SEC), encompassing a broad range of securities law issues, as well as other agency investigations and actions. In addition, Eugene counsels clients on design, implementation, and review of corporate compliance programs. He has conducted frequent internal and independent investigations and has counseled clients that were the subjects of independent investigations.

Eugene has handled numerous securities class action litigation matters on behalf of issuers and their officers and directors, as well as change-of-control cases and derivative actions. He has served as lead attorney in defending against RICO claims and claims of breach of fiduciary duty, as well as defamation and other contract and tort claims.

Eugene's clients have included many China-based U.S. public companies, which he has represented in formal and informal SEC investigations and in defending class actions and derivative suits.

Eugene represents mortgage lenders in virtually all forms of litigation, including government civil and criminal investigations and actions, class actions, and individual borrower suits in state and federal court and administrative proceedings. He has represented both large and small lenders—including loan originators, servicers, purchasers, and securitizers—as well as professionals involved in the lending process, in dealing with criminal and civil litigation arising from state and federal regulation.

Representative Matters

  • Obtained dismissal on motion for summary judgment of SEC investigation and action against client for alleged insider trading.
  • Obtained early-stage dismissal of federal securities class action against pharmaceutical company.
  • Represented Fannie Mae in action to recover $44 million lost in a fraudulent scheme perpetrated by a mortgage lender, including successful motions for appointment of a receiver and summary judgment.
  • Represented numerous U.S. and China-based public companies in formal and informal SEC investigations.
  • Defended China-based companies in class actions related to short-seller attacks.
  • Represented CEO of major investment bank in nationwide SEC investigation of sales of limited partnership interests.
  • Represented numerous parties in criminal, SEC, and civil actions arising out of the Boesky/Drexel Burnham Lambert matters.
  • Represented a court-appointed receiver for a Ponzi scheme, successfully pursuing more than 30 fraudulent conveyance actions and recovering approximately 35 cents on the dollar—despite the fact the scheme had no assets when the receiver was appointed.
  • Conducted numerous internal and independent investigations including investigations regarding options backdating, alleged fraudulent accounting practices and other allegedly fraudulent activities.

Pro Bono Experience

Organized and participated in program with My Sister’s Place, of White Plains, New York, assisting victims of domestic abuse and human trafficking in obtaining visas and thereby remaining in the United States, and countering their abusers’ threats that they would be deported.

Wrote and submitted an amicus brief on behalf of the American Academy of Adoption Attorneys in the case of Brooke B., heard by the New York Court of Appeals in June 2016, presenting the issue of the standing of a domestic partner who is not the biological parent of a child to petition for custody or visitation over the objection of the biological parent after the relationship with the non-biological parent has ended.

Professional Activities

American Bar Association

Judicial Clerkship

District of Columbia Court of Appeals

Recognition & Accomplishments

The Best Lawyers in America, criminal defense: white collar, 2013-2020

Super Lawyers, New York Metro Super Lawyers, Criminal Defense: White Collar, 2007-2012, 2014-2015; New York Metro Super Lawyers, Business Litigation and Consumer Law, 2013 and 2015

Board Memberships

New Rochelle Economic Development Corporation, former Director

American University Washington College of Law (J.D. 1978)
Note and Comment Editor, American University Law Review

Emory University (B.A. 1975)

New York

U.S. Court of Appeals, District of Columbia Circuit

U.S. Court of Appeals, Second Circuit

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York