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
Fax: 212-374-1506
Selected to Rising Stars: 2015 - 2019
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 Securities, Complex Civil and Investigations practice, which includes all non-criminal defense litigation at the firm, such as antitrust litigation, bankruptcy litigation and SEC enforcement defense.  In this role, Mr. Janey represents individuals, business organizations, and banktruptcy trustees in "high stakes," "bet the farm litigation" in state and federal court across the country. 

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, Eastern and Western District(s) of New York.  He is also admitted to and has practiced before the United States Court of Appeals for the First Circuit and the Second Circuit, and has been admitted pro hac vice in federal district courts across the country, including the United States District Court for the Commonwealth of Massachusetts; the District Court for the Middle District of Florida; the District Court for the Southern District of Florida; and the District Court for the District of New Jersey.  Mr. Janey has also been admitted pro hac vice in state courts throughout New Jersey, including where he has been admitted for the purposes of serving as trial counsel.  

As part of his defense practice, Mr. Janey has been involved in several high-profile white collar criminal matters, including white collar trials in the Southern District of New York and white collar matters in other federal district courts.  Further, Mr. Janey has represented chapter 7 bankruptcy trustees in more than 12 adversary proceedings over the past 3 years in federal bankruptcy court in the Southern District of new York where he has successfully recovered millions of dollars for debtor estates. 

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, including, most recently, defending against criminal and SEC enforcement actions in cryptocurrency.

 

 

 
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

White Collar Crime, Criminal Law - Federal

Selections

top-imageSelected to Rising Stars for 5 years

Rising Stars: 2015 - 2019

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About Derrelle Janey

Admitted: 2011, New York

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

Honors/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 District of New Jersey (pro hac vice), 2018
  • United States District Court for the Commonwealth of Massachusetts (pro hac vice), 2018
  • United States Court of Appeals for the First Circuit, 2018
  • United States District Court for the Middle District of Florida (pro hac vice), 2018
  • United States District Court for the Southern District of Florida (pro hac vice), 2018
  • United States District Court of Appeals for the Second Circuit, 2018
  • United States District Court for the Western District of New York, 2018
  • New York
  • New York State Bar Association, Member
  • National Black Trial Lawyers Association, Member
  • American Bar Association, Member
  • Federal Bar Council Member
  • United States District Court for the Southern District of New York, 2012
  • New York City Bar Association, Member
  • United States District Court for the Eastern District of New York, 2013

Pro bono/Community Service:

  • NAACP, Member

Scholarly Lectures/Writings:

  • 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
  • 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
  • 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 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 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
  • 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

Verdicts/Settlements:

  • Direct Access Partners, LLC v. Rothstein, Kass & Co., P.C., Docket No. L-2107-14, New Jersey Superior Court Law Division, Essex County.  Trial counsel to broker-dealer in action against former accountant.  Matter settled during the course of trial. , 2018
  • United States of America v. Jack Ventola, 15-cr-10356 (District Court of Masschusetts) (DPW).  Mr. Janey represented Jack Ventola in this white collar criminal tax prosecution.  Client entered into a plea arrangement with the Government and the judgment of conviction at the sentencing hearing was 24 months of incarceration for failing to pay taxes for 8 years.  Based on the defense sentencing submission, including the described acts of charity and involvement in the community, the Court sentenced Mr. Ventola to 24 months instead of the 36 month term requested by the Government. , 2018
  • Peter Best v. Marva Layne & Asim Walker, Docket No. 18 2299 (Second Circuit Court of Appeals, 2018).  Mr. Janey represented the plaintiff-appellant, Peter Best, on appeal of District Court (SDNY) abstention of jurisdiction over defamation and tortious interference action on Colorado River grounds.  Following multiple sessions of Second Circuit CAMP mediation, the parties settled the matter by stipulation, more particularly, preserving Mr. Best's defamation and other tort claims for adjudication in a related state court action., 2018
  • Securities and Exchange Commission v. Town of Ramapo, et al., 16 CV 2779 (CS)(SDNY).  Represented town attorney (corporation counsel) in an alleged municipal fraud action prosecuted by the SEC.  Settled the SEC matter with minimal restrictions and penalties on client., 2018
  • Sugarhouse Casino, HSP Gaming, LP v. Craig Carton, Docket No DJ-041942-18 (Superior Court of New Jersey, Mercer County, Law Division).  Plaintiff commenced action against client while client was in the course of a federal criminal investigation.  Civil suit for money damages settled., 2018
  • City National Bank v. Carton, Index No. 153753/2018 (N.Y. Sup. Ct. 2018).  Financial institution action against client while client was in the course of a criminal indictment.  Civil suit for money damages settled., 2018
  • United States of America v. Craig Carton et al, 17 cr 680 (CM) (SDNY).  White collar criminal case where the defendant was found guilty.  mr. Janey served as trial counsel., 2018
  • 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
  • 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
  • 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
  • In February 2018, in a multi-defendant action prosecuted by the SEC alleging a multi-million dollar fraud scheme by the municipality (issuer) against investors, Mr. Janey represented the Town's corporate counsel, who was named as a defendant in the SEC action.  Ultimately, Mr. Janey reached a settlement in principle with the SEC Enforcement Division staff (pending approval by the SEC Commission) to settle all claims against his client on "a neither admit nor deny basis."  (The case is captioned as SEC v. Town of Ramapo, et al., SDNY, No. 16-CV-02779.)  
  • 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 February 2018, Mr. Janey, as counsel to the principal individual and corporate defendants, settled a multiyear litigation alleging, inter alia, claims of fraud and conversion.  The case is captioned as The MaxCure Foundation, Inc. and Richard L. Plotkin v. Taylor J. Van Deusen, Wendy Van Deusen, Longhouse Reserve, Ltd., Tailored Productions, and Duke+Van Deusen Events, LLC, Docket No. BER-L-1070-15, Superior Court of New Jersey Law Division: Bergen County. 
  • 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 February 2018, on behalf of the chapter 7 trustee for the estate of Direct Access Partners, LLC, Mr. Janey, along with co-counsel, successfully settled an auditor malpractice action against a national accounting firm that was the former auditor for the broker-dealer/debtor in bankruptcy.  The case settled during trial, after opening statements and after the jury had been sworn.  (The case is captioned as Direct Access Partners, LLC v. Rothstein, Kass & Co., P.C., Superior Court of New Jersey, Docket No. L-2107-14.) , 2018

Representative Clients:

  • Ian Gazes, bankruptcy chapter 7 trustee, Southern District of New York, 2018
  • Craig Carton, nationally syndicated sports radio talk show host, 2017
  • Michael Klein, former Town Attorney, Town of Ramapo, New York, 2018
  • Yann Geron, bankruptcy chapter 7 Trustee, Southern District of New York, 2018
  • Laurence Doud III, former chief executive, Rochester Drug Cooperative, 2018
  • Jack Ventola, former chief executive officer, National Fish & Seafood, 2017

Educational Background:

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

Industry Groups

  • Financial Services
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Comments

  • “Mr. Janey has extraordinary knowledge of the intricacies of securities and regulatory representation of corporations, businesses and individuals. His background in finance, investment industry and corporate sets him apart to other attorneys in this same area. His preparation at all stages of investigation and litigation cannot be matched by any other attorney.”
  • “Derrelle is one of the up and coming stars in the white collar litigation area - especially in the securities industry. A client favorite who works tirelessly for his clients.”

These comments were made by fellow attorneys during the annual nomination process.

Office Location for Derrelle Janey

111 Broadway
Suite 701
New York, NY 10006

Phone: 212-566-7766

Fax: 212-374-1506

Derrelle Janey:

Last Updated: 5/3/2019

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