Derrelle Janey

Attorney Profile

Top Rated Securities Litigation Attorney in New York, NY

Gottlieb & Janey LLP
 | 111 Broadway, Suite 701
New York, NY 10006
Phone: 212-566-7766
Selected to Rising Stars: 2015 - 2017
Licensed Since: 2011
Practice Areas:
  • Securities Litigation (40%),
  • Criminal Defense: White Collar (30%),
  • Business Litigation (20%),
  • Antitrust Litigation (10%)
Attorney Profile

As a named partner with the Gottlieb & Janey LLP law firm in New York, New York, attorney Derrelle Janey heads the firm's Civil Litigation, Securities and Regulatory Group. In this role, he and his team assists individuals and business organizations, especially financial institutions, with their legal needs related to civil and commercial litigation, criminal charges and federal investigations. Additionally, he has successfully recovered monies on behalf of bankruptcy trustees as special litigation counsel in Chapter 7 bankruptcy matters.  In that aspect, he has commenced investigations and prosecuted civil cases involving claims against third-parties alleging aiding and abetting criminal fraud, legal malpractice and fraudulent conveyance.

In 2011, the New York State Bar Association admitted Mr. Janey to practice before all of its state courts, and he is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York.

In recognition of his strengths and demonstrated results in highly complex national litigation, in 2017 the New York Law Journal selected Mr. Janey as among its "Distinguished Leaders" in the profession. 

Mr. Janey has published numerous articles on litigation issues, including on matters relevant to the financial services industry, and has delivered lectures on a variety of legal topics.

 

 

 
Practice Areas
Lawyer Practice Area Pie Chart

Securities Litigation (40%)

Criminal Defense: White Collar (30%): White Collar Crime, Criminal Law - Federal

Business Litigation (20%)

Antitrust Litigation (10%)

Focus Areas

Criminal Defense: White Collar: White Collar Crime, Criminal Law - Federal

Selections

top-imageSelected to Rising Stars for 3 years

Rising Stars: 2015 - 2017

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About Derrelle Janey

Admitted: 2011, New York

Professional Webpage: http://www.gottliebjaney.com/attorneys/derrelle-janey

Honors and Awards:

  • For his demonstrated success and leadership in large, complex and national litigation, the New York Law Journal named Mr. Janey as among its Distinguished Leaders for 2017., Distinguished Leader Award, The New York Law Journal, 2017

Bar/Professional Activity:

  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • New York
  • National Black Trial Lawyers Association, Member
  • Federal Bar Council Member
  • New York City Bar Association, Member
  • New York State Bar Association, Member
  • American Bar Association, Member

Pro bono/Community Service:

  • NAACP, Member

Scholarly Lectures and Writings:

  • Using the dismissal of RICO and unjust enrichment claims in Abbott Laboratories et al v. Adelphia Supply USA et al, 15-cv-5826, this article describes and analyzes the heightened pleading standards required for pleading RICO claims and the reasons courts in the Second Circuit carefully consider whether such claims should proceed beyond the pleading stage., Author, Pleading Civil RICO: Lessons from the Abbott Litigation, Law360, 2017
  • Description of the various ways in which parallel criminal cases impact and potentially hinder bankruptcy adversary proceedings, and approaches for overcoming those situations.  , Author, How Criminal Cases Affect Bankruptcy: Debunking the Myths, Law360, 2016
  • Analysis of the limitations for defendants defending against claims commenced in SEC administrative enforcement proceedings as compared to defending against such claims in federal court. , Author, The Odds Are Stacked Against Insider Trading Defendants, Law360, 2015
  • Description of current state of the law regarding legal requirements for application to stay civil proceedings where defendant also faces concurrent criminal action., author, Parallel Proceedings: Staying the Civil Action, New York Law Journal, 2014
  • Analysis of recent regulatory expectations for chief compliance officers of financial services companies., co-author, Broker-Dealer Compliance in Era of Regulatory Pressures, New York Law Journal, 2014
  • Critique of the Government's use of wiretaps in recent insider trading cases., co-author, Wiretaps and Fourth Amendment: Lessons from the Galleon Prosecutions, New York Law Journal, 2012

Verdicts and Settlements:

  • On behalf of an investor, Mr. Janey commenced a securities litigation action against a public company in federal court in New York alleging alternatively securities fraud and breach of contract in connection with a securities offering.  The defendants filed a motion to dismiss the complaint and were defeated.  In a rare instance, the court's order dismissing the motion to dismiss practically invited the plaintiff to file a motion for summary judgment.  The case is captioned as Cottam v. Global Emerging Capital Group, LLC et al, 16-cv-04584 (SDNY) (RJS)., 2017
  • As special litigation counsel to a chapter 7 Bankruptcy trustee, Mr. Janey led an investigation that culminated in legal action against the chapter 7 debtor's former law firm alleging claims, including aiding and abetting criminal fraud, legal malpractice and fraudulent conveyance.  The matter is captioned as Ian J. Gazes, as chapter 7 trustee for debtor WJB Capital Group, Inc., v. Mark Skolnick and Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, Adv. Pro No. 15-01298 (Bankr. SDNY) (SCC).  After extensive litigation in both federal bankruptcy and district court, Mr. Janey successfully settled this complicated federal litigation matter., 2017
  • In the largest trade infringement action prosecuted by the global pharmaceutical giant, Abbott Laboratories, Mr. Janey represented five commonly owned distributor companies based in Florida (who were among over 200 other defendants) defending against Abbott's infringement, fraud and civil RICO claims.  Mr. Janey, on behalf of his clients, filed a motion to dismiss Abbott's RICO and unjust enrichment claims, and conducted the oral argument on behalf of his clients and the clients of two other law firms (combined representing 46 defendants in the case).  By memorandum and order, Judge Carol Bagley Amon, chief judge of the Eastern District of New York, dismissed Abbott's RICO and unjust enrichment claims.  The case is Abbott Laboratories et al v. Adelphia Supply USA et al, 15 CV-5826 (CBA)(LB).  Abbott was represented by the law firm Patterson Belknap. , 2017
  • In what has been touted as the most important cybersecurity-related action to date at that time, the SEC fined Morgan Stanley $1 million for violations of the so-called safeguards rule, which requires firms to adopt policies and procedures to safeguard customer information.  This penalty occured in the context of the former Morgan Stanley employee, Galen Marsh, allegedly stealing data from 730,000 Morgan Stanley customer accounts.  I, along with my partner, Robert Gottlieb, represented Marsh in both the federal criminal case against him, as well as the SEC enforcement action.  In terms of the criminal case, Mr. Marsh was sentenced to 3 years of probation and, with respect to the regulatory enforcement action, Mr. Marsh was suspended from the securities industry for 5 years with an opportunity to reapply. , 2016
  • In re In the Matter of Jordan Peixoto, Administrative Proceeding File No. 3-16184.  Jordan Peixoto was charged by the SEC with substantive insider trading in the stock of Herbalife.  Following intense pre-trial motions and filing a petition to transfer the matter to the Federal District Court (suing the SEC), the Division of Enforcement filed a motion to dismiss the charges against my client, Mr. Peixoto., 2014

Educational Background:

  • University of Michigan Law School, 1996
  • Kenyon College, B.A. in Political Science, 1993

Industry Groups

  • Financial Services
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Office Location for Derrelle Janey

111 Broadway
Suite 701
New York, NY 10006

Phone: 212-566-7766

 

Derrelle Janey:

Last Updated: 4/19/2017

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