Education:

New York Law School, J.D., magna cum laude, 1988
   Managing Editor, New York Law School Law Review

State University of New York at Albany, B.S., 1982

Clerkship:

Hon. Edmund L. Palmieri, United States District Court for the Southern District of New York, 1988-1989

Panels:

American Bar Association, Section of Litigation, Cooperating with the Government and Waiving Privilege in Corporate Investigations, Expert Faculty, March 10, 2009.

CLE program sponsored by Shearman & Sterling LLP,
Is Our Criminal Justice System in Crisis? Balancing the Interests of the Government, Corporations, and Individuals
in
White Collar Criminal Investigations and Prosecutions,
Moderator, February 28, 2008.

Publications:

Stanley S. Arkin and Howard J. Kaplan, Coerced Cooperation Policy Threatens Employee Rights,
NEW YORK LAW JOURNAL (May 11, 2005).

Note, "Bystander Recovery: A Policy Oriented Approach," N.Y.L. Sch. L. Rev., 1989.

Bar Admissions:

New York State
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Federal Claims
U.S. Court of Appeals for the Second Circuit

Memberships:

American Bar Association
    Co-Chair, Sub-Committee on Criminal Aspects
    of Securities Laws
Association of the Bar of the City of New York
New York State Bar Association
New York American Inn of Court

t. 212.333.0219
f. 212.333.2350
E.
hkaplan@arkin-law.com

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Howard J. Kaplan PDF Print E-mail

Howard J. Kaplan has extensive experience litigating cases in federal and state courts throughout the United States. He specializes in complex business dispute and representing clients faced with parallel criminal and civil investigations and lawsuits. He regularly represents clients in matters involving federal and state securities laws,business torts, fraud claims, fiduciary duty issues, corporate governance matters, employment disputes, and contract and licensing matters. Mr. Kaplan also has extensive experience representing financial services institutions (including hedge funds and private equity firms) and their partners, employees and investors in all manner of disputes relating to the financial services industry. Mr. Kaplan has supervised internal investigations (including representing special committees), and has represented clients in connection with investigations and proceedings by the Securities & Exchange Commission, the U.S. Department of Justice, State Attorneys General, and other governmental agencies. His clients include corporations, investment banks, hedge funds, venture capital firms, real estate developers, lawyers and law firms, and officers, directors and shareholders of public and private companies. Prior to joining the firm, Mr. Kaplan was with the New York office of Sullivan & Cromwell.

Recent notable representations include:

  • Serving as trial counsel for an energy company pursuing fraud claims
    arising out of its acquisition of an energy trading unit;
  • Representing clients in numerous highly publicized fraud investigations,
    both civil and criminal, including the mutual fund "market timing"
    investigations, stock option investigations, and investigations relating to
    Refco, Collins & Aikman and Bernard Madoff;
  • Defending clients named in class action lawsuits and "multidistrict
    litigation" matters, including most recently the Mutual Fund Market
    Timing MDL, the Municipal Derivatives MDL, and the Collins & Aikman
    class action litigation;
  • Defending a senior officer of Dow Chemical Company against allegations
    that he secretly planned a leveraged buyout of the company;
  • Defending the former Chief Executive Officer and Chief Financial
    Officer of Dayton Power and Light Company against allegations of fraud
    and breach of contract;
  • Representing a prominent investment bank in connection with litigation
    arising out of a county government’s losses from trading derivative
    securities; and
  • Representing a beer manufacturer in a dispute with its largest United
    States distributor regarding the right to distribute "Bass Ale" in the United
    States.