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Eugene R. Licker
Partner and Chair, Securities Litigation, Arbitration and Regulatory Enforcement

Eugene Licker practices in the area of commercial litigation, focusing on white-collar criminal defense, SEC enforcement and consumer credit litigation.

Mr. Licker represents individuals and entities in federal and state grand jury investigations and criminal proceedings in matters relating to securities and other fraud, tax evasion and other alleged misconduct. In addition, he has been involved in numerous SEC investigations and actions regarding a broad range of securities laws issues. Mr. Licker has been involved in some of the highest-profile government investigations, ranging from the Boesky/Drexel Burnham and Prudential matters in the 1990s to the recent spinning investigations. In addition to providing representation in litigated matters, Mr. Licker has counselled clients with regard to the design, implementation and review of corporate compliance programs.

Mr. Licker also has a broad range of commercial civil litigation experience, frequently involving securities-related actions (defense) and other matters involving allegations of fraud. He has handled numerous securities class action litigations on behalf of issuers and their officers and directors, change of control litigations, and derivative actions. Litigations Mr. Licker has handled as lead attorney also include RICO claims and claims of breach of fiduciary duty, defamation, and various other contract and tort claims.

Mr. Licker has represented mortgage lenders in virtually all forms of litigation, including government civil and criminal investigations and actions, class actions, individual borrower suits in state and federal court and administrative proceedings. Mr. Licker has represented lenders large and small, including loan originators, loan servicers, purchasers and securitizers of loans and professionals involved in the lending process, in dealing with criminal and civil litigation arising out of the lattice of state and federal regulation.

Representative Experience

Provided class action defense on behalf of the management directors of Fushi Copperweld, Inc. Twelve shareholder class action suits were filed in state or federal court challenging the fairness of a proposed going private transaction. Succeeded in obtaining the dismissal of all of the federal court actions and in transferring all of the Nevada state court actions to the company's preferred venue in Las Vegas, NV.
Provided class action defense on behalf of the management directors of Harbin Electric, Inc. Ten shareholder class action suits were filed in state or federal court challenging the fairness of a proposed going private transaction. Succeeded in transferring all of the Nevada state court actions to the company's preferred venue in Las Vegas, NV.
Represented a China-based US public company in connection with SEC investigation regarding material misstatement in a public filing. Responded to Wells call and, on the basis of our Wells submission, the Staff terminated its investigation and informed the Company that it would not recommend commencement of an action.
Represented China Integrated Energy Inc., China MediaExpress Holdings, Inc. and Sino Clean Energy, Inc. in class action defense litigation and in connection with matters resulting from short-seller attacks.
Represented numerous China-based US public companies in formal and informal SEC investigations.

Publications/Speeches

Speaker, Fact or Fiction: Is Fraud Widely Prevalent in China-Based Public Companies or are Fears Exaggerated?, NASDAQ - New York, New York (November 8, 2011)
Speaker, Loeb & Loeb IP/Entertainment Law Conference, Los Angeles, California (October 5, 2011)
Author, SEC Liability for Audit Committee Members, Bloomberg Law Reports - Securities Law (August 2011)
Author, Subprime Mortgage Meltdown Litigation - A Look Ahead, The Metropolitan Corporate Counsel (April 2008)
Author, Lessons Learned — Representation of Delta Financial Corp. (Winter 2008)
Moderator, IQPC's 3rd Securities Litigation Conference, New York, New York (November 14-15, 2007)
Speaker, AICPA National Conference on Fraud and Litigation Services, San Diego, California (September 27-28, 2007)
Author, Receiverships, New York Law Journal (August 20, 2007)

Media Mentions

Accounting Difference Itself is Not Sufficient Proof for Fraud By Lu Jin Yuan, China Business News
Charities Hurt by Madoff May Have To Return Funds By Josh Nathan-Kazis, The Jewish Daily Forward
Madoff Victims Investigated The Wall Street Journal
Chais Fires Back at Picard; ‘Inaccuracies, Half-Truths and Innuendos’ By Dionne Searcey, Wall Street Journal Law Blog
Money Manager Stanley Chais Seeks to Move Madoff-Related Suits to Federal Court By Stuart Pfeifer, Los Angeles Times
Fund Manager Linked To Madoff Lists Condo By Christina S.N. Lewis, Wall Street Journal
Q&A with Loeb & Loeb's Eugene Licker
Securities Law 360

Affiliations

Member, American Bar Association
Former Director, New Rochelle Economic Development Corporation

Distinctions

Named "Best Lawyer" in Criminal Defense: White Collar, The Best Lawyers in America, published by Woodward White, Inc. (2013)
Named "New York Super Lawyer" in Criminal Defense: White Collar by Thomson Reuters (2007-2012)

American University Washington College of Law, J.D., 1978,

Note and Comment Editor, American University Law Review

Emory University, B.A., 1975

New York

U.S. District Court for the Eastern District of New York
U.S. District Court for the Northern District of New York
U.S. District Court for the Southern District of New York
U.S. District Court for the District of Columbia
U.S. Court of Appeals, Second Circuit

Law Clerk, Honorable Catherine B. Kelly, District of Columbia Court of Appeals

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