- New York Office
- McKool Smith
- One Bryant Park, 47th Floor
- New York NY 10036
- TEL: 212.402.9413
- FAX: 212.402.9444
- ehalper@mckoolsmith.com
Education
- J.D., cum laude, Harvard Law School, 1999.
- B.A., English and History, summa cum laude, Duke University, 1996, Phi Beta Kappa.
Court Admissions
- State of New York
- The U.S. Court of Appeals for the Second Circuit
- The U.S. District Courts for the Southern and Eastern Districts of New York
Bar Admissions
- The Association of the Bar of the City of New York
Eric B. Halper
| Senior Counsel | Download vCard |   |
Rick Halper is a Senior Counsel in the New York office of McKool Smith. His practice includes white collar criminal defense, securities enforcement actions, securities and derivative litigation, accounting malpractice and fraud actions, and complex commercial litigation. Prior to joining the firm he was an associate at Davis Polk & Wardwell. He also served as a Special Assistant District Attorney in Kings County, Brooklyn, New York, where he acted as lead prosecutor or co-counsel in several felony jury trials, including homicide, assault, robbery, weapons possession, and narcotics cases.
After law school Mr. Halper clerked for the Honorable Charles S. Haight, Jr. of the U.S. District Court for the Southern District of New York.
Mr. Halper has also participated in several pro bono activities, including assisting Holocaust survivors in completing applications for benefits under the German Ghetto Work Payment Program, volunteering for the Election Protection effort for the 2008 presidential election, contributing to a handbook for family members of deceased service personnel, and representing a defendant in his appeal of a criminal conviction.
Representative Matters
Prior to Joining McKool Smith:
G.K. Las Vegas Limited Partnership, et al. v. Simon Property Group, Inc., et al. Counsel for plaintiffs, founder and former partners of The Forum Shops at Caesars Palace Las Vegas, one of the nation’s most successful shopping venues, in fraud, breach of fiduciary duty and breach of contract litigation against Simon Property Group, Inc., the largest public U.S. real estate company. Lead associate responsible for the matter. Summary judgment granted in part and denied in part.
In re Crompton Corp. Securities Litigation; Fina v. Calarco, et al. Counsel for Vincent Calarco, former Chairman and CEO of Crompton Corporation, a global specialty chemicals company, in federal criminal antitrust investigation and related civil litigation (including multidistrict litigation, securities class action and derivative action). Successfully avoided indictment and any criminal liability. Civil litigations progressing towards settlement. Lead associate responsible for the criminal investigation and lead lawyer responsible for Mr. Calarco’s defense in the civil actions.
In the Matter of Banc of America Investment Services, Inc., et al. Defense of global banking and financial services institution in SEC enforcement action relating to disclosure of its method for selecting proprietary mutual funds in its discretionary wrap fee programs. Lead associate responsible for the matter. Negotiated favorable settlement.
In the Matter of CVS Caremark Corporation, et al. Defense of national retail pharmacy and pharmacy benefits manager in SEC enforcement action relating to alleged inappropriate accounting for a barter transaction. Lead associate responsible for the matter. Negotiated favorable settlement imposing no penalty or disgorgement.
Louisiana Municipal Police Employees’ Retirement System, et al. v. Crawford, et al. Counsel for CVS, national retail pharmacy and pharmacy benefits manager, in litigations challenging then pending merger with Caremark RX, Inc. Defeated motion for preliminary injunction paving way for completion of merger. Lead associate responsible for the matter.
United States v. Kumar, et al.; In re Computer Associates Class Action Securities Litigation; Federman v. Artzt, et al.; Computer Associates International, Inc. Derivative Litigation; Salvatore, et al. v. Kumar, et al. Counsel for Sanjay Kumar, former Chairman and CEO of Computer Associates, Inc., a global IT management software provider in criminal securities fraud action and multiple related civil matters, including securities class actions, derivative actions and wrongful termination action. Senior associate responsible for the criminal matter and lead lawyer responsible for Mr. Kumar’s defense in the civil actions. Obtained dismissal of wrongful termination action.
Foreign Corrupt Practices Act Investigation. Investigation of Foreign Corrupt Practices Act violations at international tobacco company. Lead associate responsible for the investigation.
27001 Partnership, et al. v. BT Securities Corporation, et al. Counsel for “Big Four” accounting firm, Deloitte & Touche LLP, in fraud actions stemming from plaintiffs’ purchase of publicly-offered notes issued by Bruno’s Inc., a southern-based supermarket chain owner and operator, which subsequently filed for bankruptcy protection. Claims against Deloitte were dismissed and continued to represent Deloitte as a third party in ongoing litigation against remaining defendants.
Federal Criminal Tax Shelter Investigation. Counsel for former national law firm in federal criminal tax shelter investigation. Client entered non-prosecution agreement.
Hays, et al. v. Deloitte & Touche LLP. Counsel for “Big Four” accounting firm, Deloitte & Touche LLP, in accounting fraud and malpractice action arising out of the bankruptcy of United Companies Financial Corporation, a diversified financial services company that originated, purchased, pooled, securitized and serviced sub-prime mortgage loans. Case settled in the middle of trial.