In 2020, Gary Lincenberg received Benchmark Litigation’s award for being the Best White Collar/Government Investigations Attorney in the State of California.

Mr. Lincenberg defends businesses and executives facing government investigations in need of a trial-savvy attorney to handle complex civil and white collar criminal litigation. He is considered among the most experienced and skilled trial attorneys in the country. He has handled a wide variety of cases, including False Claims Act, FCPA, securities, investment, tax, real estate, banking, money laundering, money remitting, government contractor, economic espionage, export, health care, environmental, public corruption, program fraud, and intellectual property cases. Prior to joining Bird Marella over 25 years ago, he served over six years as an Assistant United States Attorney.

Some highlights from recent months include: (i) Provided legal assistance to the United States House of Representatives in impeaching President Trump for abuse of power and obstruction; (ii) Won dismissal of government contracting criminal charges against executive of KST Data, Inc. Reversed government suspension of KST. Then sued two companies that breached contracts with company based on the criminal case. Won the first case on summary judgment in 2019 and the second at trial in 2020; (iii) Avoided criminal charges of Varsity Blues targets; and (iv) Obtained a TRO to demolish a dangerous mansion criminally built in Bel Air by a notorious developer convicted for his violations.

Mr. Lincenberg is a Fellow of the American College of Trial Lawyers. He served as the National Co-Chairman of the ABA’s White Collar Crime Committee; Co-Chair of the CJS ABA Liaison Committee to the Department of Justice; Lawyer Representative to the Ninth Circuit Judicial Conference; President of the Los Angeles County Chapter of the Federal Bar Association; and Chairman of the ABA Southern California Regional White Collar Crime Committee. Mr. Lincenberg is an instructor at Harvard Law School’s Trial Advocacy Class. He regularly participates in professional activities integral to his success – presenting lectures, writing, and volunteering in the community – along with continually improving his skills in counseling, negotiating and arguing in court.

Mr. Lincenberg is regularly recognized among the top white collar defense attorneys in all of the leading publications. Chambers and Partners USA ranks Mr. Lincenberg in the selective Band 1 group. Chambers describes him as “marvelous,” and “quick to adapt to changing circumstances in the courtroom.” The Daily Journal again recognized him as one of the Top 100 Lawyers in California – one of only five true white collar crime specialists to be so honored.

Mr. Lincenberg is best known for his strategic approach to avoiding charges against his clients and for his superior skills at trial. Many white collar defense attorneys rarely try a criminal case, and have never defeated the government at trial. Mr. Lincenberg has an extraordinary record of success at trial, including complete victories, or hung juries resulting in dismissals, in five of his last six criminal trials. He has been retained by a host of large companies such as Plains, Providence, Epson, Yahoo, KB Homes, Unocal, Marathon Oil, Raytheon, Meggitt, Woodward, Sunrider, HP, Las Vegas Sands Corporation as well as scores of companies and their executives.

Education

  • Harvard Law School, J.D., 1985
  • University of Illinois, B.A., Bronze Tablet Award for Top 1 percent, summa cum laude, 1982

Honors & Awards

  • Ranked in Band 1 for “Litigation: White-Collar Crime & Government Investigations” by Chambers and Partners USA

  • Top 20 Trial Lawyers in California, Benchmark Litigation

  • 2020 California White-Collar Crime Litigation Attorney of the Year Award, Benchmark Litigation

  • Impact Case of the Year: People v. Plains All American Pipeline, Benchmark Litigation

  • Top 100 Lawyers in California, Daily Journal

  • American Bar Association Criminal Justice Section Award for Outstanding National Leadership

  • Top 50 Litigators, Los Angeles Business Journal

  • 500 Leading Lawyers in America, Lawdragon

  • The Best Lawyers in America

  • America’s Top 100 Bet-the-Company Litigators

  • America’s Leading Lawyers for Business

  • Top 100 Trial Lawyers in America, Benchmark Litigation

  • Local Litigation Star, Benchmark Litigation

Representative Cases

  • Lead counsel in a four month trial for Plains All American Pipeline, a Fortune 150 company, arising out of an oil spill in Santa Barbara. Obtained dismissal of charges against the three individuals, dismissal or acquittal on the knowing felony counts, and on 80% of all counts against the company, and a fine 1/400th of that requested by the State.

  • Lead counsel for KST Data, Inc. and its chief principal. Obtained a dismissal of criminal charges relating to false claims in connection with the Small Business Act, then a declination of parallel civil charges. Next, Bird Marella sued two companies that breached their agreements with KST based on the investigation, winning the first case on summary judgment and the second at trial.

  • Successfully defended a public company, Woodward Inc., its subsidiary, and the subsidiary’s prior owners, in a defective pricing/FCA criminal and civil prosecution by the USAO for the Northern District of Illinois. Obtained declinations against former owners, and achieved global monetary settlement for company of ten cents on the alleged dollar.

  • Numerous internal investigations for public companies of false claims allegations where we avoided charges.

  • As an AUSA in the Government Fraud section, investigated and prosecuted several large FCA cases.

  • Obtained dismissal with prejudice for Chicago attorney/NFL sports agent in investment fraud case.

  • Won motion to vacate SEC award involving high profile insider trading case, United States v. Newman, and related case SEC v Dosti.

  • Won dismissal of all charges against the executive of a Chinese public company charged with theft of trade secrets. Mr. Lincenberg’s cross-examination in Iowa of FBI agents, which led to the dismissal of the charges, is highlighted in Mara Hvistendahl’s book, The Scientist and the Spy.

  • Successfully defended a UCLA professor against felony conflict of interest charge and then prevailed on appeal.

  • Successfully defended a health care provider against mandatory reporting charges, resulting in dismissal at trial.

  • Successfully defended a CFO against revenue recognition and options backdating criminal and SEC prosecutions in New York. Mr. Lincenberg hung the jury in two successive trials leading to dismissal of all charges followed by settlement on a lesser charge with probation.

  • Obtained defense verdict for a prominent broker-dealer at trial on civil investment fraud charges.

  • Got charges dismissed against an attorney/sports agent charged in San Diego with investment fraud.

  • Successfully defended companies and executives of public companies in several pending FCPA investigations.

  • Defended the CEO and owner of a prominent garment industry company charged in a $15 million workers’ compensation fraud case, resulting in a probationary sentence.

  • Successfully represented public telecom company in patent, breach of contract, and internal investigation matters.

  • Defended a high-profile financial services client in pending criminal and SEC prosecutions involving alleged affinity investment fraud.

  • Successfully defended religious institutions in a tax, money laundering, and money remitting prosecution that shook a global charitable network. After winning a motion to suppress a search, Mr. Lincenberg settled on the eve of trial with the dismissal of all counts against four of the five organizations, and a small fine against the fifth.

  • Successfully defended a physician in a seven-week, four-defendant health care fraud trial. After the jury hung 10-2 in favor of acquittal, Mr. Lincenberg persuaded the U.S. Attorney’s office to drop the criminal case and settled the civil case on a non-fraud basis for a tiny percentage of the alleged dollar amount.

  • Represented the former president of a bank considered by the media to be a poster child for the national mortgage crisis in an SEC case and grand jury investigation. All charges were avoided.

  • Defended a public company under investigation in Southern California for export crimes. After the Assistant U.S. Attorney announced his intention to indict, Mr. Lincenberg persuaded the AUSA’s supervisors to overrule this decision and entered into a Non-Prosecution Agreement with zero penalty, believed to be the first of its kind in this area.

  • Defended a large real estate company in a civil prosecution by the Los Angeles City Attorney as part of the highly publicized “billboard wars.”

  • Defended the former CEO of an optical communications company in a shareholder derivative action, resulting in no liability for the executive, following a declination by the SEC.

  • Defended a founder of a high tech company in an investment fraud/tax prosecution.

  • Represented a major real estate developer of one of the largest undeveloped land parcels remaining in Los Angeles County. Mr. Lincenberg defended the client against environment crime charges and, on the eve of trial, reached a favorable civil settlement with the district attorney’s office.

  • Forced a civil settlement for payment in full on behalf of a fiber distribution company.

  • Defended dairymen throughout the Chino Valley in Clean Water Act investigations related to the release of runoff water. Through creative and aggressive defense strategies, Mr. Lincenberg has resolved each of these cases with no prison sentences for any clients.

  • Serve as lead counsel for a highly successful, private investor in connection with a current, high-profile insider trading case under investigation by the SEC and USAO.

  • Obtained a non-fraud settlement for stock broker clients and a declination of criminal prosecution. Mr. Lincenberg achieved this against the backdrop of numerous others being charged by the DOJ and SEC with fraud and criminal convictions.

  • Conducted a wide-ranging investigation focused on the export practices of the Orange County unit of a global aerospace consortium. In the course of the international inquiry, Mr. Lincenberg managed the joint defense team for several individuals facing criminal allegations, and led negotiations with the FBI, DOJ, NCIS, IRS, the State Department and other government agencies. Following the issuing of his report and lengthy meetings with the U.S. Attorney’s office and government representatives, he persuaded the government to reverse its intent to indict his client.

  • Earned trial acquittal for a doctor accused of Medicare billing fraud. His client was one of several doctors charged in connection with mobile respiratory therapy. While the other physicians pled guilty, Mr. Lincenberg took the matter to trial and achieved his client’s complete acquittal on all counts.

  • Represented numerous providers in connection with threatened criminal charges arising from alleged violations of standards of care. These include conditions in skilled nursing facilities, care provided at cosmetic surgery centers improper supervision of medical staff, and others. Mr. Lincenberg has successfully convinced numerous agencies to decline to charge such cases and/or even to dismiss those already charged.

  • Represented a duck farm in a criminal investigation of a workplace death. Mr. Lincenberg eventually persuaded government regulators that his client had not violated any statutes.

  • Defended a corporation and individual clients in a state occupational safety investigation connected to an explosion at a toy factory, and convinced state prosecutors to decline to bring charges.

  • Cleared nursing home worker of responsibility, and set new law, in his defense of one of several nursing home employees charged by the state with violating certain nursing home regulations. Mr. Lincenberg achieved a ruling from the appellate court establishing new law that individual employees cannot be charged with violating these regulations. This caused the entire case to be dismissed.

  • Successfully defended hospital employees in skid row/patient dumping claims.

  • Defeated nursing home patient death claims and kickback investigations. In his representation of several nursing homes, Mr. Lincenberg has defended administrators and facilities in various claims. These include defeating claims in connection with patient deaths and investigations into claims of kickbacks from vendors.

  • Providing continuing counsel to an international government contractor connected to inquires made by Homeland Security and other agencies concerning vendor sales to sanctioned parties, FCPA violations, fraud and other allegations of wrongdoing.

  • Conducted dozens of confidential internal investigations for companies in response to whistleblower allegations, private complaints, and government investigations.

  • Successfully defended Presidential Appointee in public corruption investigation.

  • Defended the City of Los Angeles in a lawsuit by the estate of rap star Biggie Smalls claiming that city police officers conspired with rap star Suge Knight in his murder. Won the case on summary judgment.

Appellate Decisions

  • People of the State of California v. Michael Lofchie, (2014) 229 Cal.App.4th 240
  • United States v. Louis Tomasetta, et al., Case No. 10 Crim 1205 (PAC) (S.D.NY. June 2012) (opinion granting Rule 29 motion)
  • In re McClatchy Newpapers, Inc., 288 F.3d 369 (9th Cir. 2002) (defense against a press request for confidential information)
  • Crystal v. United States, 172 F.3d 1141 (9th Cir. 1999) (attack on IRS summons procedures)
  • United States v. Chen, 99 F.3d 1495 (9th Cir. 1996) (r.e., attorney-client privilege issues)
  • Alvarez-Machain v. United States, 107 F.3d 696 (9th Cir. 1996) (defense of a government operative)
  • United States v. Speech, 968 F.2d 795 (9th Cir. 1992) (r.e., intent requirements in environmental prosecutions)

Recent News & Events

  • Bird Marella Recognized by Benchmark Litigation 2021

    Bird Marella is proud to announce that the firm has been recognized as a “Highly Recommended” law firm in California by Benchmark Litigation. The firm has also been ranked in Tier 1 for dispute resolution and in Tier 1 for securities litigation for the third consecutive year. In addition, five of the firm’s principals ...

  • Gary Lincenberg Recognized in Daily Journal’s 2020 Top 100 Lawyers in California

    Principal Gary Lincenberg has been named one of the “Top 100 Lawyers in California” by the Daily Journal for the second consecutive year. The annual publication profiles a selective list of the leading attorneys in the state performing extraordinary work. Lincenberg’s profile highlights his successful defense of Plains All American Pipeline in one of ...

  • 18 Bird Marella Attorneys Named to 2021 Best Lawyers in America®

    Bird Marella is proud to announce that 18 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2021 edition of Best Lawyers in America and Best Lawyers: Ones to Watch. Sharon Ben-Shahar Mayer – Criminal Defense: White-Collar Terry W. Bird – Commercial Litigation, ...

  • Bird Marella Featured in Daily Journal’s Verdicts and Settlements

    Bird Marella was recently featured in the Daily Journal’s Verdicts and Settlements in California for its victory in KST Data, Inc. v. Northrop Grumman Systems Corporation. Representing plaintiff KST, Bird Marella prevailed in a federal bench trial, winning a multimillion-dollar judgment for the tech company in a breach of contract ...

  • Gary Lincenberg Comments on Hadid Bel-Air Mansion Suit

    Principal Gary Lincenberg was quoted in Vanity Fair and The Daily Mail regarding the ongoing civil lawsuit against real estate developer Mohamed Hadid. Lincenberg, Ariel Neuman, Shoshana Bannett, and Jimmy Threatt are representing the neighbors of Hadid who are suing the developer over his illegally constructed Bel-Air mansion, which poses significant public danger to ...

  • Bird Marella Prevails at Trial for KST Data Inc. in Breach of Contract Suit

    Attorneys Gary Lincenberg, Nicole Rodriguez Van Dyk, Ashley Bowman and Jonathan Jackson prevailed in a federal bench trial, winning a multimillion-dollar judgment against Northrop Grumman Systems Corporation for client, KST Data, Inc., in a breach of contract and implied covenant of good faith and fair dealing suit. The dispute arose after Northrop refused to pay KST ...

  • Bird Marella Recognized as a Leading Law Firm by Chambers USA 2020

    Chambers and Partners, internationally regarded as one of the primary arbiters of achievement in the legal profession, has recognized Bird Marella as a leading law firm in its 2020 edition of Chambers USA. The firm received practice rankings in “Litigation: White-Collar Crime & Government Investigations” and “Litigation: General Commercial.” In ...

  • Lincenberg, Chan and Rhow Named to Lawdragon 500 Leading Lawyers in America

    Principals Gary Lincenberg, Paul Chan and Ekwan Rhow have been selected to the 500 Leading Lawyers in America for 2020 by Lawdragon. The three are among just 64 attorneys in California recognized. Regarded as one of the most elite distinctions in the legal profession, the annual list recognizes the best of ...

  • Bird Marella Wins Three Awards at the 2020 US Benchmark Litigation Awards

    Bird Marella was recently recognized by Benchmark Litigation at its annual US Litigation Awards ceremony held on March 5, 2020 in San Francisco. The firm was awarded Impact Case of the Year for its successful defense of Plains All American Pipeline in one of the largest environmental crime trials in ...

Other News & Events

  • Moderator and Speaker at over 100 conferences and seminars on white collar crime topics, including regular speaker at ABA National White Collar Crime Conference attended by over 1,000 attorneys every year.

Publications

In 2020, Gary Lincenberg received Benchmark Litigation’s award for being the Best White Collar/Government Investigations Attorney in the State of California.

Mr. Lincenberg defends businesses and executives facing government investigations in need of a trial-savvy attorney to handle complex civil and white collar criminal litigation. He is considered among the most experienced and skilled trial attorneys in the country. He has handled a wide variety of cases, including False Claims Act, FCPA, securities, investment, tax, real estate, banking, money laundering, money remitting, government contractor, economic espionage, export, health care, environmental, public corruption, program fraud, and intellectual property cases. Prior to joining Bird Marella over 25 years ago, he served over six years as an Assistant United States Attorney.

Some highlights from recent months include: (i) Provided legal assistance to the United States House of Representatives in impeaching President Trump for abuse of power and obstruction; (ii) Won dismissal of government contracting criminal charges against executive of KST Data, Inc. Reversed government suspension of KST. Then sued two companies that breached contracts with company based on the criminal case. Won the first case on summary judgment in 2019 and the second at trial in 2020; (iii) Avoided criminal charges of Varsity Blues targets; and (iv) Obtained a TRO to demolish a dangerous mansion criminally built in Bel Air by a notorious developer convicted for his violations.

Mr. Lincenberg is a Fellow of the American College of Trial Lawyers. He served as the National Co-Chairman of the ABA’s White Collar Crime Committee; Co-Chair of the CJS ABA Liaison Committee to the Department of Justice; Lawyer Representative to the Ninth Circuit Judicial Conference; President of the Los Angeles County Chapter of the Federal Bar Association; and Chairman of the ABA Southern California Regional White Collar Crime Committee. Mr. Lincenberg is an instructor at Harvard Law School’s Trial Advocacy Class. He regularly participates in professional activities integral to his success – presenting lectures, writing, and volunteering in the community – along with continually improving his skills in counseling, negotiating and arguing in court.

Mr. Lincenberg is regularly recognized among the top white collar defense attorneys in all of the leading publications. Chambers and Partners USA ranks Mr. Lincenberg in the selective Band 1 group. Chambers describes him as “marvelous,” and “quick to adapt to changing circumstances in the courtroom.” The Daily Journal again recognized him as one of the Top 100 Lawyers in California – one of only five true white collar crime specialists to be so honored.

Mr. Lincenberg is best known for his strategic approach to avoiding charges against his clients and for his superior skills at trial. Many white collar defense attorneys rarely try a criminal case, and have never defeated the government at trial. Mr. Lincenberg has an extraordinary record of success at trial, including complete victories, or hung juries resulting in dismissals, in five of his last six criminal trials. He has been retained by a host of large companies such as Plains, Providence, Epson, Yahoo, KB Homes, Unocal, Marathon Oil, Raytheon, Meggitt, Woodward, Sunrider, HP, Las Vegas Sands Corporation as well as scores of companies and their executives.

Representative Cases

  • Lead counsel in a four month trial for Plains All American Pipeline, a Fortune 150 company, arising out of an oil spill in Santa Barbara. Obtained dismissal of charges against the three individuals, dismissal or acquittal on the knowing felony counts, and on 80% of all counts against the company, and a fine 1/400th of that requested by the State.

  • Lead counsel for KST Data, Inc. and its chief principal. Obtained a dismissal of criminal charges relating to false claims in connection with the Small Business Act, then a declination of parallel civil charges. Next, Bird Marella sued two companies that breached their agreements with KST based on the investigation, winning the first case on summary judgment and the second at trial.

  • Successfully defended a public company, Woodward Inc., its subsidiary, and the subsidiary’s prior owners, in a defective pricing/FCA criminal and civil prosecution by the USAO for the Northern District of Illinois. Obtained declinations against former owners, and achieved global monetary settlement for company of ten cents on the alleged dollar.

  • Numerous internal investigations for public companies of false claims allegations where we avoided charges.

  • As an AUSA in the Government Fraud section, investigated and prosecuted several large FCA cases.

  • Obtained dismissal with prejudice for Chicago attorney/NFL sports agent in investment fraud case.

  • Won motion to vacate SEC award involving high profile insider trading case, United States v. Newman, and related case SEC v Dosti.

  • Won dismissal of all charges against the executive of a Chinese public company charged with theft of trade secrets. Mr. Lincenberg’s cross-examination in Iowa of FBI agents, which led to the dismissal of the charges, is highlighted in Mara Hvistendahl’s book, The Scientist and the Spy.

  • Successfully defended a UCLA professor against felony conflict of interest charge and then prevailed on appeal.

  • Successfully defended a health care provider against mandatory reporting charges, resulting in dismissal at trial.

  • Successfully defended a CFO against revenue recognition and options backdating criminal and SEC prosecutions in New York. Mr. Lincenberg hung the jury in two successive trials leading to dismissal of all charges followed by settlement on a lesser charge with probation.

  • Obtained defense verdict for a prominent broker-dealer at trial on civil investment fraud charges.

  • Got charges dismissed against an attorney/sports agent charged in San Diego with investment fraud.

  • Successfully defended companies and executives of public companies in several pending FCPA investigations.

  • Defended the CEO and owner of a prominent garment industry company charged in a $15 million workers’ compensation fraud case, resulting in a probationary sentence.

  • Successfully represented public telecom company in patent, breach of contract, and internal investigation matters.

  • Defended a high-profile financial services client in pending criminal and SEC prosecutions involving alleged affinity investment fraud.

  • Successfully defended religious institutions in a tax, money laundering, and money remitting prosecution that shook a global charitable network. After winning a motion to suppress a search, Mr. Lincenberg settled on the eve of trial with the dismissal of all counts against four of the five organizations, and a small fine against the fifth.

  • Successfully defended a physician in a seven-week, four-defendant health care fraud trial. After the jury hung 10-2 in favor of acquittal, Mr. Lincenberg persuaded the U.S. Attorney’s office to drop the criminal case and settled the civil case on a non-fraud basis for a tiny percentage of the alleged dollar amount.

  • Represented the former president of a bank considered by the media to be a poster child for the national mortgage crisis in an SEC case and grand jury investigation. All charges were avoided.

  • Defended a public company under investigation in Southern California for export crimes. After the Assistant U.S. Attorney announced his intention to indict, Mr. Lincenberg persuaded the AUSA’s supervisors to overrule this decision and entered into a Non-Prosecution Agreement with zero penalty, believed to be the first of its kind in this area.

  • Defended a large real estate company in a civil prosecution by the Los Angeles City Attorney as part of the highly publicized “billboard wars.”

  • Defended the former CEO of an optical communications company in a shareholder derivative action, resulting in no liability for the executive, following a declination by the SEC.

  • Defended a founder of a high tech company in an investment fraud/tax prosecution.

  • Represented a major real estate developer of one of the largest undeveloped land parcels remaining in Los Angeles County. Mr. Lincenberg defended the client against environment crime charges and, on the eve of trial, reached a favorable civil settlement with the district attorney’s office.

  • Forced a civil settlement for payment in full on behalf of a fiber distribution company.

  • Defended dairymen throughout the Chino Valley in Clean Water Act investigations related to the release of runoff water. Through creative and aggressive defense strategies, Mr. Lincenberg has resolved each of these cases with no prison sentences for any clients.

  • Serve as lead counsel for a highly successful, private investor in connection with a current, high-profile insider trading case under investigation by the SEC and USAO.

  • Obtained a non-fraud settlement for stock broker clients and a declination of criminal prosecution. Mr. Lincenberg achieved this against the backdrop of numerous others being charged by the DOJ and SEC with fraud and criminal convictions.

  • Conducted a wide-ranging investigation focused on the export practices of the Orange County unit of a global aerospace consortium. In the course of the international inquiry, Mr. Lincenberg managed the joint defense team for several individuals facing criminal allegations, and led negotiations with the FBI, DOJ, NCIS, IRS, the State Department and other government agencies. Following the issuing of his report and lengthy meetings with the U.S. Attorney’s office and government representatives, he persuaded the government to reverse its intent to indict his client.

  • Earned trial acquittal for a doctor accused of Medicare billing fraud. His client was one of several doctors charged in connection with mobile respiratory therapy. While the other physicians pled guilty, Mr. Lincenberg took the matter to trial and achieved his client’s complete acquittal on all counts.

  • Represented numerous providers in connection with threatened criminal charges arising from alleged violations of standards of care. These include conditions in skilled nursing facilities, care provided at cosmetic surgery centers improper supervision of medical staff, and others. Mr. Lincenberg has successfully convinced numerous agencies to decline to charge such cases and/or even to dismiss those already charged.

  • Represented a duck farm in a criminal investigation of a workplace death. Mr. Lincenberg eventually persuaded government regulators that his client had not violated any statutes.

  • Defended a corporation and individual clients in a state occupational safety investigation connected to an explosion at a toy factory, and convinced state prosecutors to decline to bring charges.

  • Cleared nursing home worker of responsibility, and set new law, in his defense of one of several nursing home employees charged by the state with violating certain nursing home regulations. Mr. Lincenberg achieved a ruling from the appellate court establishing new law that individual employees cannot be charged with violating these regulations. This caused the entire case to be dismissed.

  • Successfully defended hospital employees in skid row/patient dumping claims.

  • Defeated nursing home patient death claims and kickback investigations. In his representation of several nursing homes, Mr. Lincenberg has defended administrators and facilities in various claims. These include defeating claims in connection with patient deaths and investigations into claims of kickbacks from vendors.

  • Providing continuing counsel to an international government contractor connected to inquires made by Homeland Security and other agencies concerning vendor sales to sanctioned parties, FCPA violations, fraud and other allegations of wrongdoing.

  • Conducted dozens of confidential internal investigations for companies in response to whistleblower allegations, private complaints, and government investigations.

  • Successfully defended Presidential Appointee in public corruption investigation.

  • Defended the City of Los Angeles in a lawsuit by the estate of rap star Biggie Smalls claiming that city police officers conspired with rap star Suge Knight in his murder. Won the case on summary judgment.

Appellate Decisions

  • People of the State of California v. Michael Lofchie, (2014) 229 Cal.App.4th 240
  • United States v. Louis Tomasetta, et al., Case No. 10 Crim 1205 (PAC) (S.D.NY. June 2012) (opinion granting Rule 29 motion)
  • In re McClatchy Newpapers, Inc., 288 F.3d 369 (9th Cir. 2002) (defense against a press request for confidential information)
  • Crystal v. United States, 172 F.3d 1141 (9th Cir. 1999) (attack on IRS summons procedures)
  • United States v. Chen, 99 F.3d 1495 (9th Cir. 1996) (r.e., attorney-client privilege issues)
  • Alvarez-Machain v. United States, 107 F.3d 696 (9th Cir. 1996) (defense of a government operative)
  • United States v. Speech, 968 F.2d 795 (9th Cir. 1992) (r.e., intent requirements in environmental prosecutions)

News & Events

Bird Marella Recognized by Benchmark Litigation 2021

Bird Marella is proud to announce that the firm has been recognized as a “Highly Recommended” law firm in California by Benchmark Litigation. The firm has also been ranked in Tier 1 for dispute resolution and in Tier 1 for securities litigation for the third consecutive year. In addition, five of the firm’s principals ...

Gary Lincenberg Recognized in Daily Journal’s 2020 Top 100 Lawyers in California

Principal Gary Lincenberg has been named one of the “Top 100 Lawyers in California” by the Daily Journal for the second consecutive year. The annual publication profiles a selective list of the leading attorneys in the state performing extraordinary work. Lincenberg’s profile highlights his successful defense of Plains All American Pipeline in one of ...

18 Bird Marella Attorneys Named to 2021 Best Lawyers in America®

Bird Marella is proud to announce that 18 of the firm’s attorneys have been recognized and selected by their peers for inclusion in the 2021 edition of Best Lawyers in America and Best Lawyers: Ones to Watch. Sharon Ben-Shahar Mayer – Criminal Defense: White-Collar Terry W. Bird – Commercial Litigation, ...

Bird Marella Featured in Daily Journal’s Verdicts and Settlements

Bird Marella was recently featured in the Daily Journal’s Verdicts and Settlements in California for its victory in KST Data, Inc. v. Northrop Grumman Systems Corporation. Representing plaintiff KST, Bird Marella prevailed in a federal bench trial, winning a multimillion-dollar judgment for the tech company in a breach of contract ...

Gary Lincenberg Comments on Hadid Bel-Air Mansion Suit

Principal Gary Lincenberg was quoted in Vanity Fair and The Daily Mail regarding the ongoing civil lawsuit against real estate developer Mohamed Hadid. Lincenberg, Ariel Neuman, Shoshana Bannett, and Jimmy Threatt are representing the neighbors of Hadid who are suing the developer over his illegally constructed Bel-Air mansion, which poses significant public danger to ...

Bird Marella Prevails at Trial for KST Data Inc. in Breach of Contract Suit

Attorneys Gary Lincenberg, Nicole Rodriguez Van Dyk, Ashley Bowman and Jonathan Jackson prevailed in a federal bench trial, winning a multimillion-dollar judgment against Northrop Grumman Systems Corporation for client, KST Data, Inc., in a breach of contract and implied covenant of good faith and fair dealing suit. The dispute arose after Northrop refused to pay KST ...

Bird Marella Recognized as a Leading Law Firm by Chambers USA 2020

Chambers and Partners, internationally regarded as one of the primary arbiters of achievement in the legal profession, has recognized Bird Marella as a leading law firm in its 2020 edition of Chambers USA. The firm received practice rankings in “Litigation: White-Collar Crime & Government Investigations” and “Litigation: General Commercial.” In ...

Lincenberg, Chan and Rhow Named to Lawdragon 500 Leading Lawyers in America

Principals Gary Lincenberg, Paul Chan and Ekwan Rhow have been selected to the 500 Leading Lawyers in America for 2020 by Lawdragon. The three are among just 64 attorneys in California recognized. Regarded as one of the most elite distinctions in the legal profession, the annual list recognizes the best of ...

Bird Marella Wins Three Awards at the 2020 US Benchmark Litigation Awards

Bird Marella was recently recognized by Benchmark Litigation at its annual US Litigation Awards ceremony held on March 5, 2020 in San Francisco. The firm was awarded Impact Case of the Year for its successful defense of Plains All American Pipeline in one of the largest environmental crime trials in ...

Other News & Events

  • Moderator and Speaker at over 100 conferences and seminars on white collar crime topics, including regular speaker at ABA National White Collar Crime Conference attended by over 1,000 attorneys every year.

Publications