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October 2, 2011 — Super Lawyers recognizes partners David Spears and Linda Imes. New York Super Lawyers – Metro Edition 2011 recognizes the top 5% of the lawyers in the New York metro area based on peer nominations, blue ribbon panel review, and independent research. Super Lawyers is published as a special supplement of The New York Times Magazine.

Chambers & Partners recognizes Spears & Imes as a "Leading Firm" among Specialist Firms with expertise in White-Collar Crime & Government Investigations and partners David Spears and Linda Imes as "Leading Individuals" in White-Collar Crime & Government Investigations.

Chambers, a London-based publisher, annually publishes a highly respected guide to the world's leading law firms and lawyers for clients. Chambers bases its guide on an independent review process involving contact with clients and lawyers familiar with the rated lawyers' and firms' work. For the 2011 edition of Chambers USA: America's Leading Lawyers for Business, a team of more than 50 full-time researchers from Chambers conducted thousands of in-depth interviews with attorneys and business leaders in the United States.

Chambers calls Spears & Imes "highly regarded for its outstanding client service" and "widely recommended for its work in white-collar criminal defense and government investigations." According to Chambers, the firm "receives praise for its deep trial experience and its expertise in securities enforcement and complex civil litigation." A source consulted by Chambers calls Spears & Imes "[a]n excellent firm doing fantastic work."

According to sources, Mr. Spears is "a phenomenal lawyer" who impresses with his "high energy levels, very thorough technical skills and solid advocacy skills." Chambers reports that Ms. Imes is "a talented and effective lawyer," observed to be "extremely intelligent" and "well versed in the law in her practice area."

April 29, 2011 — A District Court in the Southern District of New York dismissed all claims against Spears & Imes' client, The Licensing Company Limited ("TLC"). Debra Karlstein and Laurie Richardson represent TLC. The plaintiff, The Joester Loria Group, accused TLC, its former licensing subagent, of misappropriating confidential information to compete unfairly in a bid for a Chrysler licensing contract. United States District Judge Denise Cote granted TLC's motion to dismiss, holding that the plaintiff's conclusory allegations were insufficient to state a plausible claim for relief.

For a copy of the District Court's order, please click here.

January 7, 2011 — David Spears serves as a panelist at PLI's Expert Witness 2011 in New York City. The panel presentation focuses on the use of expert witnesses in proceedings in the federal courts.

October 7, 2010 — The Women's Refugee Committee, represented by Spears & Imes, files an amicus curiae brief with the Supreme Court of Missouri in In re Adoption of C.M.B.R. in support of a natural mother whose child was adopted over her objection while she was incarcerated after an immigration raid on a plant where she worked. This important case involves the parental rights of undocumented immigrants and implicates the intersection of federal immigration law and state family law.

Since 1997, the Women's Refugee Committee had advocated for the protection, access to safety, and right to due process of refugee, migrant, and asylum-seeking women, children and families.

Linda Imes, Christopher Dysard and Max Nicholas are working on the matter.

October 3, 2010 — Super Lawyers recognizes partners David Spears and Linda Imes. New York Super Lawyers - Metro Edition 2010 recognizes the top 5% of the lawyers in the five boroughs and Long Island based on polling and research by Law & Politics. Super Lawyers is published as a special supplement of The New York Times Magazine.

September 28, 2010 — A second District Court in the Southern District of New York dismisses all claims against Spears & Imes' client Angelo Mozilo, the former CEO and chairman of Countrywide Financial. David Spears and Mónica Folch represent Mr. Mozilo. The plaintiffs, who purchased residential mortgage-backed securities from Countrywide, brought fraud claims against Mr. Mozilo and other entities and individuals under the Securities Exchange Act and the common law. United States District Judge P. Kevin Castel has dismissed all of plaintiffs' claims against Mr. Mozilo with prejudice.

For a copy of the District Court's order, 2010 WL 3790810, please click here.

September 27, 2010 — Max Nicholas joins Spears & Imes as an associate. Mr. Nicholas received his J.D., magna cum laude, in 2008 from Harvard Law School, where he was the Case-Comment Editor of the Harvard Environmental Law Review. In 2005 he received his bachelor's degree, summa cum laude, from Harvard University, where he was elected to Phi Beta Kappa. Mr. Nicholas clerked for the Honorable John G. Koeltl of the United States District Court for the Southern District of New York and the Honorable Robert D. Sack of the United States Court of Appeals for the Second Circuit.

July 20, 2010 — The Second Circuit Court of Appeals affirms the judgment of the District Court in AIG Global Securities Lending Corp. v. Banc of America Securities LLC, in which Spears & Imes represents six of the plaintiff-appellees. David Spears, Christopher Dysard, and Jason Mogel represent Allstate, Bank Leumi, Bayerische Landesbank, International Finance Corporation, Société Générale, and Travelers. In the trial before Judge John G. Koeltl in the Southern District of New York, the jury awarded all plaintiffs damages totaling $84 million (resulting in a judgment of $144 million), and Judge Koeltl upheld the verdict in a 62-page post-judgment opinion.

For a copy of the Second Circuit's Summary Order, 2010 WL 2836684 (summary order), please click here.

June 17, 2010 — A District Court in the Southern District of New York dismisses with prejudice all claims against Spears & Imes' client Angelo Mozilo, the former CEO and chairman of Countrywide Financial. David Spears and Mónica Folch represent Mr. Mozilo. The plaintiff, who held shares and other securities in Countrywide, brought fraud claims against Mr. Mozilo and other entities and individuals under the Securities Exchange Act and the common law.

For a copy of the District Court's order, 2010 WL 2473595, please click here.

Chambers & Partners recognizes Spears & Imes as a "Leading Firm" among Specialist Firms with expertise in White-Collar Crime & Government Investigations and partners David Spears and Linda Imes as "Leading Individuals" in White-Collar Crime & Government Investigations.

Chambers, a London-based publisher, annually publishes a highly-respected guide to the world's leading law firms and lawyers for clients. Chambers bases its guide on an independent review process involving contact with clients and lawyers familiar with the rated lawyers' and firms' work. For the 2010 edition of Chambers USA: America's Leading Lawyers for Business, a team of more than 50 full-time researchers from Chambers conducted thousands of in-depth interviews with attorneys and business leaders in the United States.

Chambers calls Spears & Imes a "highly regarded New York litigation boutique" with "a strong presence in white-collar criminal defense and government investigation work." A source quoted by Chambers remarks that Spears & Imes is "[a]n excellent choice for white-collar matters."

According to sources consulted by Chambers, partner Linda Imes is "an excellent attorney with great strategic sense," and partner David Spears is a "tenacious trial lawyer" who takes an "incredibly creative approach." Chambers cites as a "recent highlight" Mr. Spears' representation of Angelo Mozilo, the former CEO and chairman of Countrywide Financial, in two large securities fraud civil cases.

Spears & Imes represents a client in televised hearings by the Financial Crisis Inquiry Commission, a bipartisan commission charged with examining the causes of the current financial crisis in the United States.

Linda Imes and Thomas Leith are working on the matter.

January 22, 2010 — The U.S. government announces that Spears & Imes' client Adel Hamlily, who has been held without being charged for more than five years by the U.S. military at the United States Naval Station at Guantanamo Bay, Cuba, has been transferred to Algeria, his country of citizenship.

Christopher Dysard is co-counsel for Mr. Hamlily in a habeas corpus proceeding in District Court in Washington, D.C.

January 21, 2010 — Spears & Imes obtains a reversal from the Second Circuit Court of Appeals of an order from a District Court in the Eastern District of New York denying release pending appeal for former Morgan Stanley executive Darin DeMizio.

David Spears, Charlita Mays, and Thomas Leith represent Mr. DeMizio on appeal.

Spears & Imes associate Ellen Blain joins the U.S. Attorney's Office for the Southern District of New York as an Assistant in the Civil Division.

Spears & Imes associate Sarah Paul joins the U.S. Attorney's Office for the Southern District of New York as an Assistant in the Criminal Division.

October 19, 2009 — Laurie Richardson joins Spears & Imes as an associate. Ms. Richardson received her J.D., cum laude, in 2007 from New York University School of Law, where she was a Notes Editor of the New York University Law Review. In 2003 she received her bachelor's degree, magna cum laude, from Wellesley College, where she was elected to Phi Beta Kappa. Ms. Richardson clerked for the Honorable John G. Koeltl of the United States District Court for the Southern District of New York and the Honorable Harry T. Edwards of the United States Court of Appeals for the District of Columbia Circuit.

October 4, 2009 — Super Lawyers recognizes partners David Spears and Linda Imes. New York Super Lawyers - Metro Edition 2009 recognizes the top 5% of the lawyers in the five boroughs and Long Island based on polling and research by Law & Politics. Super Lawyers is published as a special supplement of The New York Times Magazine.

July 20, 2009 — Michelle Skinner joins Spears & Imes as an associate. Ms. Skinner received her J.D. in 2006 from Stanford Law School, where she was Senior Symposium Editor of the Stanford Law Review. In 1997 she received her bachelor's degree, summa cum laude, from Texas A&M University. Ms. Skinner clerked for the Honorable Bruce M. Selya of the United States Court of Appeals for the First Circuit.

June 15, 2009 — Mónica Folch joins Spears & Imes as an associate. Ms. Folch received her J.D. in 2006 from Stanford Law School, where she was a Notes Editor of the Stanford Law Review. In 1999 she received her bachelor's degree, magna cum laude, from Amherst College. Ms. Folch clerked for the Honorable Juan R. Torruella of the United States Court of Appeals for the First Circuit.

Chambers & Partners recognizes Spears & Imes as a "Leading Firm" among Specialist Firms with expertise in White-Collar Crime & Government Investigations and partner Linda Imes as a "Leading Individual" in White-Collar Crime & Government Investigations. Chambers, a London-based publisher, annually publishes a highly-respected guide to the world's leading law firms and lawyers for clients. Chambers bases its guide on an independent review process involving contact with clients and lawyers familiar with the rated lawyers' and firms' work. For the 2009 edition of Chambers USA: America's Leading Lawyers for Business, researchers from Chambers conducted more than 10,000 interviews with attorneys and business leaders in the United States.

Chambers calls Spears & Imes "a strong player in white-collar criminal defense and government investigations," highlighting the dismissal of the criminal indictment in the tax shelter case, United States v. Stein, obtained by partner David Spears. Chambers also reports that partner Linda Imes is a "[t]enacious and efficient advocate" who "has distinguished herself in the defense of clients in government or regulatory investigations and proceedings." A source surveyed by Chambers says: "She is brilliant for particularly sensitive matters – extremely insightful, creative, and not afraid to be aggressive when it's appropriate."

Chambers also has acknowledged the firm's prowess in civil litigation by noting that the firm obtained a jury verdict on behalf of institutional investors in a securities fraud case against Banc of America Securities LLC. The trial team included David Spears, Christopher Dysard, Jason Mogel, Ellen Blain, and Sarah Paul.

May 14, 2009 — In a 62-page opinion in AIG Global Securities Lending Corp. v. Banc of America Securities LLC (S.D.N.Y.), the District Court upheld the jury's verdict of $84 million (resulting in a judgment of $144 million) in favor of the plaintiffs. David Spears, Christopher Dysard and Jason Mogel represent six of the plaintiffs, Allstate, Bank Leumi, Bayerische Landesbank, International Finance Corporation, Société Générale, and Travelers, and will continue to represent them on appeal.

For a copy of the District Court's opinion, 646 F. Supp. 2d 385 (S.D.N.Y. 2009), please click here.

The American Lawyer has cited Spears & Imes as one of five "small-sized" but "big hearted" litigation boutique firms that, despite their size, are "still making pro bono contributions." Am Law highlighted the firm's involvement (led by partner Christopher Dysard) in representing two Guantanamo Bay detainees in habeas corpus proceedings in federal court.

January 20, 2009 — Thomas Leith joins Spears & Imes as an associate. Mr. Leith received his J.D., cum laude, in 2006 from New York University School of Law. In 1996, he received his bachelor's degree, with distinction, from the University of Wisconsin-Madison. Mr. Leith clerked for the Honorable Raymond J. Dearie, Chief Judge of the United States District Court for the Eastern District of New York.

December 4, 2008 — Spears & Imes represents six of eight institutional plaintiffs (Allstate, Bank Leumi, Bayerische Landesbank, International Finance Corporation, Société Générale, and Travelers) in AIG Global Securities Lending Corp. v. Banc of America Securities LLC, a federal securities fraud action in the Southern District of New York. After a six-week trial to recover large losses related to the sale of securities backed by consumer installment loans of Heilig-Meyers, on December 4, 2008, the jury has awarded all plaintiffs more than $84 million, resulting in a judgment of $144 million, including interest – the entire amount sought by the plaintiffs.

David Spears, Christopher Dysard, Jason Mogel, Ellen Blain, and Sarah Paul were on the trial team.

Update: As recognized by Incisive Media's VerdictSearch, The New York Law Journal, and The National Law Journal, the verdict in this case was the third largest verdict in New York state and federal courts in 2008 and the 23rd-largest verdict in state and federal courts nationwide in 2008.

September 28, 2008 – Super Lawyers recognizes partners David Spears and Linda Imes. New York Super Lawyers - Metro Edition 2008 recognizes the top 5% of the lawyers in the five boroughs and Long Island based on polling and research by Law & Politics. Super Lawyers is published as a special supplement of The New York Times Magazine.

August 28, 2008 — Since 2005, partner David Spears has represented the lead defendant in United States v. Stein, in which the Department of Justice indicted 19 individuals for alleged tax shelter fraud involving KPMG. Mr. Spears has been instrumental in obtaining several groundbreaking rulings in this case. In June 2006, the District Court ruled that certain provisions of the Thompson Memorandum, which discouraged the payment of legal fees by a corporation for its employees, violated the Fifth and Sixth Amendments to the Constitution. United States v. Stein, 435 F. Supp. 2d 330 (S.D.N.Y. 2006). That ruling caused the Department of Justice to revoke the Thompson Memorandum and to replace it with the McNulty Memorandum, which withdrew the policy statement about payment of fees set out in the Thompson Memorandum and provided that prosecutors could only consider an entity's payment of its employees' defense fees in limited circumstances, and even then only with the approval of the Deputy Attorney General.

In July 2007, the District Court dismissed with prejudice all of the government's charges against our client and 12 other defendants based upon the government's interference with KPMG's payment of legal fees for those defendants. United States v. Stein, 495 F. Supp. 2d 390 (S.D.N.Y. 2007). Mr. Spears argued the motion before the District Court that resulted in the dismissal of the indictment. The New York Times quoted the following remarks by Mr. Spears after the ruling: "Everyone can be proud of our criminal justice system and our courts' regard for the constitution."

The Second Circuit Court of Appeals has now affirmed the District Court's dismissal of the indictment in United States v. Stein, 541 F.3d 130 (2d Cir. 2008). For a copy of the opinion, please click here.

In addition, the Department of Justice has withdrawn the McNulty Memorandum and replaced it with yet another version of its guidelines relating to the prosecution of entities, the Filip Memorandum. Among other things, the Filip Memorandum states that in deciding whether to prosecute an entity, the Department of Justice shall not give any consideration to an entity's payment of fees for its employees.

Spears & Imes associate Sarah Baumgartel joins the Federal Defenders' Office for the Southern District of New York.

Sara Shudofsky publishes an article entitled "Evidentiary Surprises and Ethical Dilemmas" in Litigation. For a copy of the article, please click here.