Shapiro, Arato & Isserles LLP  
 

Alexandra A.E. Shapiro

Shapiro, Arato & Isserles LLP

500 Fifth Avenue
40th Floor
New York, NY 10110

phone: 212-257-4881
fax: 212-202-6417

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Alexandra A.E. Shapiro
Partner

Alexandra Shapiro principally represents individuals and institutions in appeals, criminal and regulatory matters, and complex civil litigation and conducts internal investigations and advises on compliance matters.

Ms. Shapiro is an experienced trial lawyer and appellate advocate. She has tried numerous cases and argued many appeals in the federal and state appellate courts. She has expertise in a broad range of substantive areas, including securities law, tax fraud, and intellectual property, as well as substantial experience handling international investigations and disputes. A particular focus of her litigation practice has been the defense of lawyers and law firms.

Ms. Shapiro has also conducted internal investigations on behalf of corporations, corporate boards, and Audit Committees. She has assisted clients in developing and implementing regulatory compliance programs. She currently serves as President of the New York Council of Defense Lawyers, a not-for-profit professional association of about 250 very experienced lawyers whose principal area of practice is the defense of criminal cases, particularly in the federal courts in New York.

Prior to co-founding Shapiro, Arato & Isserles LLP in 2009, Ms. Shapiro was a partner of Latham & Watkins LLP for nine years, and before that, an Assistant U.S. Attorney in the Southern District of New York, where she also served as Deputy Chief Appellate Attorney. In addition, she clerked for Justice Ruth Bader Ginsburg of the Supreme Court of the U.S. and for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit, and served as an attorney-adviser in the Office of Legal Counsel of the U.S. Department of Justice.

Representative matters include:

White Collar Criminal and Regulatory Defense and Appeals

  • Representing former Deutsche Bank broker in Second Circuit appeal of conviction related to Jenkins & Gilchrist tax shelters.
  • Representing former Level Global principal in Second Circuit appeal of insider trading conviction. Obtained Second Circuit ruling granting bail pending appeal, on issue of whether insider trading liability requires proof that tippee knew that insider disclosed material nonpublic information in exchange for personal benefit.
  • Won Second Circuit appeal reversing conviction of tax lawyer and former partner of Ernst & Young arising from his work on the firm's tax shelter practice.
  • Won Second Circuit appeal granting new trial for former chief marketing officer of U.S. subsidiary of Royal Ahold who had been convicted of securities fraud and related offenses.
  • Counsel of record for New York Council of Defense Lawyers on amicus briefs cited in two Supreme Court opinions involving the U.S. Sentencing Guidelines, United States v. Booker and Rita v. United States, and brief filed on related issue in United States v. Gall.
  • Represented former CEO of telecommunications company in Tenth Circuit appeal of insider trading conviction raising complex issues under the federal securities laws and the Classified Information Procedures Act. Obtained ruling reversing conviction and granting new trial. After en banc Court vacated panel opinion, 5-4, obtained ruling reversing sentence based on district court's misinterpretation of insider trading guideline and forfeiture statute.
  • Co-authored brief for Arthur Andersen in U.S. Supreme Court appeal reversing criminal conviction for alleged obstruction of justice.
  • Represented CEO of public company in criminal insider trading case in Southern District of New York. Obtained dismissal of §10(b) count before trial and judgment of acquittal on remaining §14(e) count after two trials, including one resulting in hung jury. Successfully defended judgment of acquittal before Second Circuit.
  • Represented various officers and directors in connection with options timing investigations by Board Special Committees, the S.E.C., and the U.S. Attorney's Office for the Southern District of New York, as well as parallel civil class action and derivative suits, including Eighth Circuit appeal of injunction and related Minnesota Supreme Court appeal on standard of review of special litigation committee decisions. Clients in these matters included the former Chairman and CEO of a major health insurance company.

Internal Investigations and Compliance

  • Retained by NYSE Euronext to serve as Independent Consultant, pursuant to SEC Order, to conduct a comprehensive review of the market data delivery systems, and the policies, procedures and practices regarding compliance with Rule 603(a) of Regulation NMS of NYSE's securities exchanges to ensure that the systems comply with Rule 603(a).
  • Conducted internal investigation on behalf of Audit Committee of publicly-traded financial institution into whistleblower allegations of financial impropriety and provided recommendations for enhancing internal controls.
  • Conducted internal investigation on behalf of independent directors and Audit Committee of publicly-traded mortgage bank into issues related to $700 million restatement of earnings and negotiated company's settlement with S.E.C.
  • Represented corporate and individual clients in connection with investigations by the S.E.C., the New York Attorney General's Office and the U.S. Attorney's Office for the Southern District of New York, of potential state and federal securities law violations related to mutual fund late trading and market timing.

Complex Civil Litigation and Appeals

  • Won D.C. Circuit appeal by Unity08, a non-partisan group seeking to nominate a moderate presidential candidate, of ruling permitting Federal Election Commission to regulate the group as a "political committee" under Federal Election Campaign Act.
  • Successfully defended former directors and officers of publicly-traded Canadian mining company against federal securities fraud claims.
  • Represented General Cigar Company in complex lawsuit filed by Cuban company asserting trademark infringement, violation of international trademark treaties, and related claims arising from General Cigar's use of COHIBA mark on cigars sold in the U.S. Obtained ruling by Second Circuit vacating injunction and successfully opposed certiorari.
  • Represented Playtex Products, Inc. in successful Second Circuit appeal in false advertising case and successful Federal Circuit appeal in patent case.
  • Represented major financial institution in NYSE arbitration involving claims by former brokers alleging damages of $90 million, which panel dismissed after hearing.

Professional Activities, Publications and Honors

  • Recognized as one of The Best Lawyers in America in the specialty of Appellate Law
  • Recognized by Super Lawyers as one of the top appellate practitioners and top 50 women lawyers in New York
  • Listed in Guide to the World's Leading White Collar Crime Lawyers and Guide to the World's Leading Women in Business Law
  • President, New York Council of Defense Lawyers, March 2014-present; Vice President, January 2013-February 2014; Secretary/Treasurer, 2011-12; Member, Board of Directors, 2006-08; Co-Chair of Amicus Committee, 2005-2010
  • Member, Lawyers' Advisory Committee to U.S. Court of Appeals for the Second Circuit on Selection of Members of Criminal Justice Act Panel
  • Member, Pro Bono Panel, U.S. Court of Appeals, Second Circuit
  • Member, Criminal Justice Act Panel, U.S. District Court, Southern District of New York, 2001-2006 and 2013-present
  • Adjunct Professor, Columbia University School of Law (taught Federal Criminal Practice Seminar, 2001-05)
  • Member, Board of Editors, White-Collar Crime Reporter, 2006-present
  • Winner, Burton Award for excellence in legal writing, June 2005
  • Named one of Second Circuit's 10 "Standout" Lawyers by National Law Journal, April 2001
  • Attorney General's Award for Distinguished Service, June 1997
  • Author of paper on "Ethics and Best Practices in Internal Investigations" for the Practicing Law Institute's 29th Annual Institute on Securities Regulation, and numerous articles on white-collar criminal law and securities fraud for legal publications including New York Law Journal, Wall Street Lawyer, White-Collar Crime Reporter, and law.com.
  • Co-author of "Criminal Violations of the Securities Act of 1933 and the Securities Exchange Act of 1934," chapter in David M. Brodsky & Daniel J. Kramer, Federal Securities Litigation: Commentary and Forms.
  • Have spoken in a variety of forums on topics related to securities fraud, corporate governance, criminal investigations, the federal sentencing guidelines and appellate advocacy.

Education

Columbia University School of Law
J.D., 1991

John Ordroneaux Prize for
highest academic average
(first in class of 347)

James Kent Scholar
(1989-90, 1990-91)

Harlan Fiske Stone Scholar
(1988-89)

Articles Editor, Columbia
Law Review

Williams College
B.A. with Honors in
History, 1986

Phi Beta Kappa, magna cum laude

Bar Admissions

New York
District of Columbia