Eric B. Halper

Rick Halper is a Principal 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

• Insider Trading Investigation.  Counsel for former hedge fund portfolio manager in federal criminal and regulatory investigation arising out of the use of expert-network firms.
• Madoff-related Matters.  Counsel for various entities and individuals, including a renowned Swiss private bank, a Luxembourgian SICAV, and the general counsel of a large feeder fund, in connection with litigation pending in federal, state, and foreign jurisdictions and federal and state regulatory investigations arising out of Bernard Madoff’s Ponzi scheme.  
• In re ACS Shareholders Litigation.  Counsel for the founder and former Chairman of Affiliated Computer Services, Inc., in litigations challenging then pending merger between ACS and Xerox Corporation.  Merger successfully completed and cases settled favorably. 
• Reid v. Siniscalchi, et al.  Counsel for Finmeccanica S.p.A., one of the top ten global players in aerospace, defense, and security, and related entities in breach of fiduciary duty, breach of contract, civil conspiracy, and tortious interference litigation arising out of an unsuccessful joint venture to commercialize Russian satellite orbital slots.
• In the Matter of GH3 International, Inc.  Counsel for former chief compliance officer of a brokerage firm in connection with SEC investigation into alleged stock manipulation and fraudulent “pump-and-dump” schemes. 
• Chemtura Bankruptcy.  Counsel for former Chairman and CEO of Chemtura in connection with proofs of claim relating to various retirement benefits.
• 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, the largest public U.S. real estate company. 
• In re Crompton Corp. Securities Litigation; Fina v. Calarco, et al.  Counsel for 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 or civil liability.   
• 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.  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.  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.  
• Computer Associates.  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.   
• Foreign Corrupt Practices Act Investigation.  Investigation of Foreign Corrupt Practices Act violations at international tobacco company.  
• 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.

Press Releases