Eugene R. Licker

While Eugene’s practice is quite diversified, the majority of his matters center on allegations of fraud—in the securities, tax, and general business context—as well as breach of contract, breach of fiduciary duty, business torts, and other commercial litigation, including defamation. Eugene has litigated fraud cases as both defense and plaintiff’s counsel, providing him an important and unique perspective.

For instance, Eugene represented an equity receiver in a Securities and Exchange Commission (SEC) enforcement action and assisted in recovering assets for the victims. In a case where he represented a group of whistleblowers, Eugene assembled a massive application for an award based on ferreting out millions of dollars in tax evasion by wealthy Americans who hid assets overseas.

Most of Eugene’s work has involved defending individuals and their entities against allegations of fraud launched by the plaintiffs’ securities bar, as well as the SEC, U.S. Attorney’s Offices, the FBI, state attorneys general (primarily New York and California), the New York Stock Exchange, FINRA, and other agencies. While he hasn’t won every case, his outstanding success record inspires confidence in his clients and colleagues.

Eugene has had the good fortune to be involved in some of the most interesting and high-profile litigation cases that have arisen since he made his fortuitous move to New York as a young litigator. Though some of those cases are no longer recent or household names for younger lawyers, they afforded him an important opportunity to work with some of the best lawyers in the country, as well as to oppose some of the best, exposing him to some of the most creative legal thinking of his time.

Eugene has played key roles in high-stakes matters since early in his career. In the early 1980s, he served as lead associate on a matter for a major New York hospital seeking to recover from its insurer losses from the massive scam popularly known as “OPM”: other people’s money. Later in the ’80s, he helped represent Lowell Milken, who, along with his brother Michael, was indicted and also pursued civilly by the SEC, attorneys general, and civil litigants for alleged securities law violations. The case had numerous complex aspects and ended with settlement of a civil action brought on behalf of the Milkens' former employer for $1.2 billion.

Over the ensuing years, Eugene has handled the financial fraud aspects of a civil RICO action against Claus von Bulow for twice trying to kill his wife, Sonny von Bulow; represented the CEO of a major investment banking house in a nationwide investigation; and served as lead counsel for the individual who ran Bernie Madoff’s California feeder fund. Along the way, he has defended more than 50 actions involving allegations of securities fraud, many of them interrelated. Many of the actions—filed in courts throughout the country, including Nevada Business Court, Delaware Chancery Court, and other state and federal courts—arose from scathing reports by short sellers.

As a result of his involvement in attorneys general cases, Eugene came to represent residential mortgage lenders in virtually all forms of litigation, including civil and criminal government investigations and actions, class actions, and individual-borrower suits in state and federal courts and administrative proceedings. His clients have included both large and small lenders, as well as servicers, purchasers, and securitization businesses.

Eugene takes pride in Ballard Spahr’s emphasis on the quality of lawyering at the firm. He is a proud member of the firm’s Litigation Department, as well as its Securities Litigation, White Collar Defense and Investigations, and Consumer Financial Services groups. Please reach out to Eugene if he can be of service.