Atty. Martin J. Auerbach
Martin is a consultant* in the litigation and arbitration team. Martin leads the firm’s White Collar and Investigations practice in New York.
Profile Summary
About Martin J. Auerbach at a glance
Martin J. Auerbach is a Member based in New York, New York, practicing at Martin J. Auerbach. They have 48+ years of legal experience, licensed to practice since 1978. Their practice focuses on family law, business, elder law, insurance, and entertainment. Admitted to practice in NY State (1978), US District Court, Eastern District of New York (1979), US District Court, Southern District of New York (1979), and US Court of Appeals, Second Circuit (1983). Educated at Harvard Law School (J.D., 1977) and Harvard College (B.A. Biology, 1973). Recognitions include AV Preeminent. Active member of New York Council of Defense Lawyers American Bar Association Association of the Bar of the City of New York. Serands clients in New York, NY and the surrounding metropolitan area.
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About
- Martin is a consultant* in the litigation and arbitration team
- Martin leads the firm’s White Collar and Investigations practice in New York
- Martin has a national reputation in the US as a preeminent white collar and securities defense lawyer
- He has served in the Judicial and Congressional branches of the US government and in the Executive branch as a member of the US Attorney’s Office for the Southern District of New York where he prosecuted Marc Rich, the largest tax evasion case in US history
- Martin’s clients deeply appreciate the counsel and care he brings to their most daunting matters, and the exceptional results he has achieved
- He has successfully counselled and defended prominent individuals, industry leaders and leading companies in many of the highest profile white collar and regulatory matters, and parallel civil litigation, over the past three decades ranging from the Milken insider trading prosecution, to cases arising from the Mueller investigation
- Among Martin’s most iconic clients are Federal Reserve Chairman Paul Volcker, and global brand Sweet’N Low
- He has represented senior people in cases ranging from the JPM organ “London Whale” scandal to the Madoff case, insider trading cases involving Michael Milken, McKinsey & Co.‘s former CEO, Rajat Gupta, Martha Stewart and ImClone’s CEO Sam Waksal, the SEC case against Texas billionaire entrepreneurs Sam and Charles Wyly, the KPMG tax shelter prosecution, as well as Market Timing, Research Analysts, and Municipal GIC Antitrust investigations and the US Senate Offshore Tax Haven probe, among others
- In addition to prominent individuals and entrepreneurs, Martin’s clients have come from institutions such as Citigroup, Prudential, Lehman Brothers, JPM organ Chase, Jefferies, Christies, IMAX, Computer Associates and Conair/Cuisinart
- He has developed deep subject matter experience in areas ranging from financial services, securities and accounting fraud, insider trading, mail and wire fraud, the Foreign Corrupt Practices Act, RICO, money-laundering, government contracting fraud and construction, to taxes, gaming, official corruption and campaign finance violations
- Martin has also led, and defended clients in, sensitive internal investigations at institutions and public companies, on subjects ranging from cybersecurity to sexual harassment
- Martin recognizes the benefits of resolving matters in private, whenever possible, and is a skilful negotiator, discreetly working to achieve optimal outcomes
- Martin is also a highly effective and experienced trial lawyer
- Martin’s experience has given him acute awareness of the need to manage the reputational implications of high-profile matters and he works closely with the firm’s Media and Reputation team to prevent or minimize those impacts
- In addition to skills refined over more than three decades of practice, Martin offers clients the business perspective born of his experiences serving in the roles of General Counsel, Chief Compliance Officer, Cybersecurity committee member and Compliance Committee member for a multi-billion-dollar private equity fund and a multi-jurisdictional gaming company, and as Consulting Counsel for the world’s largest equipment rental company
- His wealth of experience allows Martin to craft highly sophisticated crisis management strategies and solutions. * Mr. Auerbach is an independent contractor of Withers Bergman LLP, and nothing herein shall be construed as creating any other relationship between Mr. Auerbach or Martin J. Auerbach, Esquire, PLLC, on the one hand, and Withers Bergman LLP or its affiliated entities (the Firm ) on the other hand, including but not limited to a partnership relationship
- Neither Mr. Auerbach, Martin J. Auerbach, Esquire, PLLC, nor any of his or its employees or personnel are or shall be deemed to be employees of the Firm
- Dates Joined 2020 Talks Lectured as adjunct faculty at NYU ’s Stern School of Management
- Track record Martin has successfully represented clients in Federal and state courts across the US, before the Department of Justice, the Securities and Exchange Commission, Congress, a host of other Federal and State governmental agencies including state gaming and racing regulators, and in arbitrations before FINRA and other bodies
- In addition to the US, Martin has acted for clients, and in matters, in the UK, Europe, Russia, Ukraine and other CIS countries, China, Japan, the Middle East, South America, Africa, Canada, Turkey and the Isle of Man
- Many of Martin’s greatest successes have been achieved confidentially
- Indeed, given the highly sensitive nature of many of his matters and the profile of many of his clients, confidentiality is often an important element of that success
- Martin has persuaded prosecutors and regulators to end investigations without charges or sanctions, secured deferred prosecutions for institutions, and obtained non-custodial sentences for individuals
- One of Martin’s most visible successes came in resolving the life-threatening crisis faced by the world’s largest rental equipment company, United Rentals Inc. The company was the focus of securities fraud investigations by the Department of Justice and the SEC, class action and derivative law suits, a de-listing review by the New York Stock Exchange and a potential downgrade by the major securities rating agencies
- The company’s remarkable recovery, following the successful end to those existential threats, is chronicled in a Harvard Business School case study
- Civil suits paralleling US Justice Department and SEC proceedings, as well as class action litigation, are another setting in which Martin’s success has been achieved publicly, including the recent dismissal of class action claims against senior corporate officers accused of securities fraud and dismissal of RICO claims against a leading international mining company
Practice Areas Explained
Martin J. Auerbach's Areas of Practice
Each practice area below reflects the types of cases Martin J. Auerbach handles, with a brief overview of what that area of law covers.
Family law attorneys handle divorce, child custody, child support, adoption, prenups, and protective orders. Find verified family lawyers near you.
Martin J. Auerbach is one of 187,066 family law attorneys indexed nationally. Browse family law attorneys in New York →
Business attorneys advise founders and growing companies on entity formation, contracts, financing, M&A, and dispute resolution.
Martin J. Auerbach is one of 501,317 business attorneys indexed nationally. Browse business attorneys in New York →
Elder law attorneys for Medicaid planning, long-term care, guardianship, conservatorship, and elder abuse.
Martin J. Auerbach is one of 53,430 elder law attorneys indexed nationally. Browse elder law attorneys in New York →
Insurance attorneys for coverage disputes, bad faith claims, denied claims, and policy disputes.
Martin J. Auerbach is one of 121,912 insurance attorneys indexed nationally. Browse insurance attorneys in New York →
Entertainment lawyers for music, film, sports contracts, talent representation, and IP licensing.
Martin J. Auerbach is one of 45,946 entertainment attorneys indexed nationally. Browse entertainment attorneys in New York →
Jurisdictional Context
Why local counsel matters in New York
Practicing law in New York. Legal matters in New York are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in New York are typically filed in the local municipal court or the appropriate New York state district court, depending on subject matter and amount in controversy. An attorney licensed in New York brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in New York courts without local counsel or pro hac vice admission.
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