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919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2210
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Alan R. Glickman, a partner in the New York office, practices in the areas of complex commercial, securities, shareholder derivative, RICO, accountants’ liability, intellectual property, real estate, class action defense, mergers & acquisitions, and bankruptcy and creditors’ rights litigation. Significant matters have included the defense of a former senior executive of Bear Stearns in class actions brought in the wake of the firm's collapse and acquisition, representation of the creditors' committee in the bankruptcy of a major bank holding company, representation of large private equity funds in a dispute with respect to control of a major U.S. shipping company, the defense of three investment banks and issuers against class action claims relating to alleged misstatements in connection with securities offerings, and the defense of a major Olympic international sports federation in an antitrust litigation. Alan also has conducted numerous internal investigations, including on behalf of the boards of directors of a major pharmaceutical company and a major food wholesaler/distributor relating to alleged accounting improprieties and recently served as Chair of the Practising Law Institute's New York panel on the conduct of internal investigations.
In practice for almost 30 years, Alan is listed in Best Lawyers, the oldest peer-review publication in the legal profession, and New York Super Lawyers, which recognizes the top five percent of attorneys within the New York metro area. Alan received his B.A., cum laude, from Harvard University in 1977, and graduated from New York University School of Law, where he was editor of the Moot Court Board, in 1980.
Selected Representations
Litigation
In re Intershop Litigation: Represented three investment banks in defending against class action claims relating to alleged misstatements in connection with a securities offering.
Symbol v. PSC, Inc.: Represented leading manufacturer of laser bar code scanning equipment in defending claim for breach of supply contract in litigation ancillary to bankruptcy reorganization.
Rush v. Footstar: Represented chief financial officer in defending class action which asserts securities fraud claims in the wake of footwear manufacturer’s disclosure of accounting irregularities.
WSF v. International Skating Union: Represented Olympic skating federation in action alleging violation of the U.S. antitrust laws in connection with sponsorship of international figure skating competitions.
Green v. Metrocall: Represented one of the nation’s largest wireless paging providers and its directors in defense of class action alleging breaches of fiduciary duty in connection with announced merger.
Bodley v. REA Holdings (S.D.N.Y.): Represented financier in action with respect to a joint venture to extract palm oil in Indonesia.
In re Hagerstown Fiber Limited Partnership: Represented trustee in bankruptcy in action to recover tens of millions of dollars lost in connection with the financing and construction of a paper de-inking facility.
In re Ames Debenture and Note Litigations: Defended former big six accounting firm in federal securities class actions arising out of the bankruptcy of Ames Department Stores.
Lasalle National Bank v. Duff & Phelps, et al.: Represented over twenty institutional holders of a total of $200 million in bonds of Towers Financial Services in a federal court action against, among others, a national rating agency (951 F. Supp. 1071.).
Hyde Athletic Industries, Inc. (aka Saucony) v. Jones and Reebok: Obtained preliminary injunction on behalf of manufacturer of Saucony running shoes against Reebok in action relating to dispute over endorsement rights to an international triathlon champion (Wall Street Journal, 3/26/96, at B14.).
Hoechst Marion Roussell, Inc. v. Faulding Inc.: Represented generic drug manufacturer in intellectual property dispute involving claims of patent infringement and entitlement to proceeds with respect to heart medication.
Citibank v. Nyland: Represented Citibank as mortgagee in what was the largest foreclosure action in New York City history, involving the purportedly Marcos-owned 40 Wall Street.
Ward v. Monro Muffler Brake, Inc./Douglas v. Monro Muffler Brake, Inc.: Defended Monro Muffler, its board of directors and large shareholders in securities class actions arising out of Monro's initial public offering.
Internal Investigations
Represented board of directors of major pharmaceutical company in conducting internal investigation into accounting practices for purposes of responding to letter demanding that the company sue its directors and officers.
Represented the audit committee of a large regional supermarket chain in connection with allegations of fraudulent accounting practices.
Represented senior officer of large manufacturer in connection with the company's internal investigation of accounting issues.
Conducted investigation for investment bank into possible securities law violations.
Selected Publications
“The Elements of an Insider Trading Claim” and “Tender Offers,” Insider Trading Law and Compliance Answer Book (Practising Law Institute) October 2011 (co-author)
“Pleading Scienter Under the Federal Securities Laws: What Creates a Strong Inference of Fraudulent Intent?” SRZ Securities Law Developments, 2003
“Safe Harbors for Forward-Looking Statements: An Overview for the Practitioner” (co-author)
“Forward Looking Statements and Cautionary Language After the 1995 Reform Act: An Empirical Study” (co-author)
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Selected Speaking Engagements
“Recent Developments in Bankruptcy and Distressed Investing,” SRZ 21st Annual Private Investment Funds Seminar, January 2012
Moderator, “Conducting the Investigation,” Practising Law Institute Internal Investigations: How to Protect Your Clients or Company, June 2010
Lecturer on securities fraud at New York State Society of Certified Public Accountants Pension Fund conference
Lecturer on class action litigation for Celesq, Inc.
Lecturer on securities litigation at New York State Society of Certified Public Accountants Broker/Dealer conference
Lecturer on insider trading at Practising Law Institute Securities Litigation conference
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Memberships
New York City Bar Association
Other Distinctions
The Best Lawyers in America
New York Super Lawyers
Bar Admissions
Court Admissions
- U.S. District Court, Eastern District of New York 1982
- U.S. District Court, Southern District of New York 1982
Education
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New York University School of Law, J.D., 1980
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Harvard University, B.A., cum laude, 1977
Prior Experience
Cravath, Swain & Moore LLP, 1980-86