Alexandra Shapiro

Practice Areas

Alexandra Shapiro is one of the nation’s leading appellate lawyers. Noted for successful results in high profile white collar matters, she has won appellate reversals in many criminal and civil cases. These victories include two Supreme Court decisions narrowing the scope of the federal fraud statutes, Ciminelli v. United States and Percoco v. United States, as well as multiple Second Circuit rulings granting judgments of acquittal and new trials. Alexandra argued Salman v. United States, the first insider trading case heard by the Supreme Court in 20 years.

Alexandra is also an experienced trial lawyer, who began her career over 30 years ago as one of Justice Ruth Bader Ginsburg’s first clerks on the Supreme Court. Her practice focuses on appeals, white collar defense, and complex civil litigation. She has successfully represented prominent Wall Street professionals, public officials, as well as major public and private companies.

She served as President of the New York Council of Defense Lawyers and received its Ostrow Award honoring her work in the defense of liberty and the preservation of individual rights.

Prior to co-founding Shapiro Arato Bach LLP in 2009, Alexandra was a partner of a leading international law firm, and before that, an Assistant U.S. Attorney in the Southern District of New York, where she also served as Deputy Chief Appellate Attorney. In addition, she served as an attorney-adviser in the Office of Legal Counsel of the U.S. Department of Justice.

Alexandra wrote a novel about a wrongful white-collar prosecution, Presumed Guilty, which was published in 2022 and has received acclaim from Forbes, the New York Law Journal, and other publications.

Professional Memberships

Member, Lawyers’ Advisory Committee to U.S. Court of Appeals for the Second Circuit on Selection of Members of Criminal Justice Act Panel.

Member, Pro Bono Panel, U.S. Court of Appeals, Second Circuit.

Member, American Law Institute.

Ranked in Band 1 by Chambers and Partners in Litigation: White-Collar Crime & Government Investigations, and shortlisted for Chambers USA 2021 and 2022 Awards for “White-Collar Lawyer of the Year.”

Recognized as one Lawdragon’s the top 500 Litigators in America in 2024.

Recipient, New York Council of Defense Lawyers Norman Ostrow Award for the defense of liberty and the preservation of individual rights, March 2019.

Recipient, Police Athletic League Robert M. Morgenthau Award for outstanding leaders in the legal field, April 2018.

President, New York Council of Defense Lawyers, 2014-2015; Vice President, January 2013-February 2014; Secretary/Treasurer, 2011-12;

Member, Board of Directors, 2006-08 and 2016-2017; Co-Chair of Amicus Committee, 2005-2010.

Recognized as one Lawdragon’s the top 500 Litigators in America in 2016 and 2017.

Recognized as an “Appellate MVP” by Law 360 in 2015.

Recognized as one of The Best Lawyers in America in the specialty of Appellate Law.

Listed in Guide to the World’s Leading White Collar Crime Lawyers and Guide to the World’s Leading Women in Business Law.

Member, Criminal Justice Act Panel, U.S. District Court, Southern District of New York, 2001-2006 and 2013-2015.

Adjunct Professor, Columbia University School of Law (taught Federal Criminal Practice Seminar, 2001-05).

Winner, Burton Award for excellence in legal writing, June 2005.

Named one of Second Circuit’s 10 “Standout” Lawyers by National Law Journal, April 2001.

Attorney General’s Award for Distinguished Service, June 1997.

Author of paper on “Ethics and Best Practices in Internal Investigations” for the Practicing Law Institute’s 29th Annual Institute on

Securities Regulation, and numerous articles on white-collar criminal law and securities fraud for legal publications including New York Law Journal, Federal Sentencing Reporter, Wall Street Lawyer, and White-Collar Crime Reporter.

Co-author of “Criminal Violations of the Securities Act of 1933 and the Securities Exchange Act of 1934,” chapter in David M. Brodsky & Daniel J. Kramer, Federal Securities Litigation: Commentary and Forms.

Have spoken in a variety of forums on the Supreme Court and topics related to securities fraud, public corruption, corporate governance, criminal investigations, the federal sentencing guidelines and appellate advocacy.

Clients

WHITE COLLAR CRIMINAL AND REGULATORY DEFENSE AND APPEALS

Obtained Supreme Court rulings vacating and remanding Second Circuit decisions in two cases narrowing the scope of the honest services fraud and wire fraud statutes, Percoco v. United States and Ciminelli v. United States, for executives at COR Development, a real estate company.

Obtained reversal of wire fraud and related charges against former Deerfield analyst in appeal challenging novel government theories that regulatory information is government “property” and that certain fraud statutes do not require proof of “personal benefit” in insider trading cases. Obtained Supreme Court ruling remanding case to Second Circuit for reconsideration in light of Kelly v. United States and Second Circuit ruling on remand vacating convictions.

Representing former employee of OpenSea in appeal raising novel issue about the application of the federal wire fraud statute to information about non-fungible tokens featured on company’s website.

Representing former J.P. Morgan metals trader in Seventh Circuit appeal of “spoofing” conviction.

Representing former CEO of The Federal Savings Bank in appeal of bank bribery conviction arising from loans to Paul Manafort.

Representing former dean of Fox Business School at Temple University in appeal of wire fraud convictions arising from alleged submission of false information to U.S. News and other educational rankings publishers.

Won Second Circuit reversal of conviction of former executive of Chinese construction company on based on evidentiary errors.

Won unanimous ruling from New York Court of Appeals affirming grant of new trial based on juror misconduct in Syracuse murder case.

Represented former HSBC global head of foreign exchange trading in appeal of wire fraud convictions relating to multi-billion-dollar “fix” transaction.

Won Second Circuit appeal vacating insider trading conviction of former JP Morgan Chase investment banker due to erroneous exclusion of exculpatory evidence.

Won Second Circuit appeal vacating conviction of former New York Senate majority leader on public corruption charges.

Obtained Second Circuit reversal of conviction of former Deutsche Bank broker on charges related to Jenkens & Gilchrist tax shelters, based on deprivation of client’s constitutional right to an impartial jury by a juror who engaged in extensive misconduct.

Won Second Circuit appeal reversing insider trading conviction in United States v. Newman.

Won Second Circuit appeal reversing conviction of tax lawyer and former partner of Ernst & Young arising from his work on the firm’s tax shelter practice.

Won Second Circuit appeal granting new trial for former chief marketing officer of U.S. subsidiary of Royal Ahold who had been convicted of securities fraud and related offenses.

Lead counsel for New York Council of Defense Lawyers on amicus briefs cited in two Supreme Court opinions involving the U.S. Sentencing Guidelines, United States v. Booker and Rita v. United States, and brief filed on related issue in United States v. Gall.

Co-authored brief for Arthur Andersen in U.S. Supreme Court appeal reversing criminal conviction for alleged obstruction of justice.

Represented CEO of public company in criminal insider trading case in Southern District of New York. Obtained dismissal of §10(b) count before trial and judgment of acquittal on remaining §14(e) count after two trials, including one resulting in hung jury. Successfully defended judgment of acquittal before Second Circuit.

Served as Independent Consultant for NYSE Euronext, pursuant to SEC Order, charged with conducting a comprehensive review of the market data delivery systems, and the policies, procedures and practices regarding compliance with Rule 603(a) of Regulation NMS of NYSE’s securities exchanges to ensure that the systems comply with Rule 603(a).

Conducted internal investigation on behalf of independent directors and Audit Committee of publicly-traded mortgage bank into issues related to $700 million restatement of earnings and negotiated company’s settlement with S.E.C.

Represented corporate and individual clients in connection with investigations by the S.E.C., the New York Attorney General’s Office and the U.S. Attorney’s Office for the Southern District of New York, of potential state and federal securities law violations related to mutual fund late trading and market timing.

COMPLEX CIVIL LITIGATION AND APPEALS

Won Second Circuit appeal reversing grant of discovery and quashing subpoena issued under 28 U.S.C. §1782, statute authorizing discovery in aid of foreign proceedings.

Represented Level the Playing Field, a non-partisan organization in efforts to reform the rules for general election presidential debates so that an independent candidate could participate. Won summary judgment in D.C. District Court declaring that Federal Election Commission decisions arbitrary and capricious.

Won D.C. Circuit appeal by Unity08, a non-partisan group seeking to nominate an independent presidential candidate, of ruling permitting Federal Election Commission to regulate the group as a “political committee” under Federal Election Campaign Act.

Successfully defended former directors and officers of publicly-traded Canadian mining company against federal securities fraud claims.

Represented General Cigar Company in complex trademark lawsuit arising fromuse of COHIBA mark on cigars sold in the U.S. Obtained ruling by Second Circuit vacating injunction and successfully opposed certiorari.

Represented major financial institution in NYSE arbitration involving claims by former brokers alleging damages of $90 million, which panel dismissed after hearing.