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News: Alumni Updates

2 Big Wins for Dan Arshack, '83

Thursday, August 22, 2013   (0 Comments)
Posted by: Joe Libertelli
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Daniel ArshackCongrats to Dan Arshack, '83, of Arshack, Hajek & Lehrman, PLLC in New York City, who shared these reports of

1. a big appellate win against Fox News and their hired guns and

2. the dropping of criminal charges against a NYC hedge fund operator.

"We were contacted by the Colorado Office of the Public Defender in the case of James Holmes the defendant in the Aurora, Colorado theatre shooting. We were asked to make an effort to subpoena and attempt to compel a Fox News reporter based in NYC to appear and to give testimony in the Colorado case. The situation arose after law enforcement officials in Colorado, in an effort to illegally influence the outcome of a death penalty case, violated a court imposed gag order by leaking confidential communications between the defendant and his psychiatrist to the Fox News reporter in NYC. The reporter is attempting to rely on her statutory journalist shield to fight the subpoena and refuse to disclose the identity of her confidential sources. She is represented by mega-firm Hogan Lovels who has been resisting our efforts and whom we beat at the trial level. Then they tried to have the subpoena stayed, twice, at the Appeals Court and we beat them both times, so they appealed. In June, I argued the case in the Appellate Division First Department and yesterday the Appellate Division First Department in New York gave us the win!"

And regarding the hedge fund operator case Dan wrote:

"Last year, I was retained to represent Chetan Kapur, the owner of Think Strategy, a New York based hedge fund, who had been the subject of a prolonged SEC investigation and civil suits filed by unhappy investors. We became involved after he was arrested and after civil judgments had been entered against him in the SEC and civil actions. After a year of evaluating the evidence and meetings and negotiations with the Federal prosecutors, we succeeded in having all the fraud charges dismissed and the Government agreed to resolve the case with a minor record keeping violation. He was sentenced today before Judge Keenan to a nominal time served sentence and no fine.

"After a year of devoting extraordinary resources to closely analyzing the case, we were able to demonstrate to the Government that there was no reason to maintain the serious and damaging charges which had been brought against our client. We are gratified that the Government agreed to do the right thing by dismissing all of the fraud charges and permitting a resolution involving a simple regulatory offense related to books and records maintenance, a time served sentence and no fine.”

To read about it in Business Week, go to: 

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