Attorneys

Eric S. Olney

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Partner

Eric Olney is an experienced litigator who focuses on complex commercial litigation and appellate advocacy. Eric has defended Fortune 500 companies, their officers, directors, and underwriters in various commercial settings, including actions involving the federal securities laws. Eric also has substantial experience in breach of contract, fraud, and bankruptcy-related disputes. In addition, Eric has represented clients in M&A litigation and counseled parties to mergers and acquisitions.

Prior to joining Shapiro Arato LLP, Eric worked at Latham & Watkins LLP.

Representative Matters

  • Defended officers and directors of NYSE-listed company in securities fraud action brought in the Southern District of New York. Plaintiffs withdrew all claims following service of a motion for sanctions against plaintiffs.
  • Representing former HSBC global head of foreign exchange Mark Johnson in appeal of wire fraud conviction before the Second Circuit.
  • Representing former S.A.C. Capital Advisors portfolio manager Mathew Martoma in appeal of insider trading conviction before the Second Circuit.
  • Represented Bassam Salman in appeal of insider trading conviction before the U.S. Supreme Court.
  • Successfully appealed summary judgment ruling against private equity funds alleging fraud in lawsuit against NASDAQ-listed company and its former CEO; obtained reversal and reinstatement of the funds’ claims.
  • Successfully appealed $96 million verdict against New York Crane & Equipment in wrongful death action arising from the 91st Street crane collapse. Obtained a $60 million reduction in damages from the New York appellate court.
  • Obtained dismissal of claims against various defendants in actions brought by the trustee for Bernard Madoff’s estate seeking “clawback” of alleged payments to defendants.
  • Representing film producer David Bergstein in appeal of wire and securities fraud conviction before the Second Circuit.
  • Defended UBS against shareholder class actions alleging that the bank tortiously interfered with a merger agreement. All claims against UBS were dismissed.
  • Represented UBS in disputes arising from a failed multi-billion dollar merger, resulting in a favorable settlement.
  • Defended Fannie Mae in consolidated securities fraud class action in the Southern District of New York. All claims under the Securities Act of 1933 were dismissed, and Fannie Mae also successfully opposed an individual plaintiff’s motion to remand, on the ground that SLUSA requires class action claims under the Securities Act to be litigated in federal court.
  • Represented former BDO Seidman CEO in appeal from arbitration award denying advancement of legal fees arising from criminal prosecution.
  • Successfully represented various pro bono clients, including applicants for asylum in the United States based on fear of persecution in countries of origin.

Professional Activities

  • Recognized by Super Lawyers as a “Rising Star” (2014 edition).
  • Member, Association of the Bar of the City of New York.
  • Member, Federal Courts Committee of the City Bar Association.
  • “Removal of Class Action Securities Cases in the Age of CAFA,” Bloomberg Law Reports Vol. 2, No. 5 (2009).

Eric S. Olney

|

Partner

Eric Olney is an experienced litigator who focuses on complex commercial litigation and appellate advocacy. Eric has defended Fortune 500 companies, their officers, directors, and underwriters in various commercial settings, including actions involving the federal securities laws. Eric also has substantial experience in breach of contract, fraud, and bankruptcy-related disputes. In addition, Eric has represented clients in M&A litigation and counseled parties to mergers and acquisitions.

Prior to joining Shapiro Arato LLP, Eric worked at Latham & Watkins LLP.

Representative Matters

  • Defended officers and directors of NYSE-listed company in securities fraud action brought in the Southern District of New York. Plaintiffs withdrew all claims following service of a motion for sanctions against plaintiffs.
  • Representing former HSBC global head of foreign exchange Mark Johnson in appeal of wire fraud conviction before the Second Circuit.
  • Representing former S.A.C. Capital Advisors portfolio manager Mathew Martoma in appeal of insider trading conviction before the Second Circuit.
  • Represented Bassam Salman in appeal of insider trading conviction before the U.S. Supreme Court.
  • Successfully appealed summary judgment ruling against private equity funds alleging fraud in lawsuit against NASDAQ-listed company and its former CEO; obtained reversal and reinstatement of the funds’ claims.
  • Successfully appealed $96 million verdict against New York Crane & Equipment in wrongful death action arising from the 91st Street crane collapse. Obtained a $60 million reduction in damages from the New York appellate court.
  • Obtained dismissal of claims against various defendants in actions brought by the trustee for Bernard Madoff’s estate seeking “clawback” of alleged payments to defendants.
  • Representing film producer David Bergstein in appeal of wire and securities fraud conviction before the Second Circuit.
  • Defended UBS against shareholder class actions alleging that the bank tortiously interfered with a merger agreement. All claims against UBS were dismissed.
  • Represented UBS in disputes arising from a failed multi-billion dollar merger, resulting in a favorable settlement.
  • Defended Fannie Mae in consolidated securities fraud class action in the Southern District of New York. All claims under the Securities Act of 1933 were dismissed, and Fannie Mae also successfully opposed an individual plaintiff’s motion to remand, on the ground that SLUSA requires class action claims under the Securities Act to be litigated in federal court.
  • Represented former BDO Seidman CEO in appeal from arbitration award denying advancement of legal fees arising from criminal prosecution.
  • Successfully represented various pro bono clients, including applicants for asylum in the United States based on fear of persecution in countries of origin.

Professional Activities

  • Recognized by Super Lawyers as a “Rising Star” (2014 edition).
  • Member, Association of the Bar of the City of New York.
  • Member, Federal Courts Committee of the City Bar Association.
  • “Removal of Class Action Securities Cases in the Age of CAFA,” Bloomberg Law Reports Vol. 2, No. 5 (2009).