500 Fifth Avenue
New York, NY 10110
Mr. Gitner focuses his practice on defending individuals and entities in white-collar criminal and regulatory matters.
Mr. Gitner has represented corporate executives, financial professionals, lawyers, accountants, artists, law firms, and corporations before a wide array of federal and state authorities and courts, as well as in internal investigations. Those matters have involved allegations of securities fraud, mail and wire fraud, insider trading, accounting fraud, market manipulation, criminal antitrust, obstruction of justice, perjury, workplace discrimination and harassment, tax fraud, bribery, extortion, environmental law violations, money laundering, off-label marketing, immigration violations, insurance fraud, the Foreign Corrupt Practices Act, trade secret violations, professional misconduct, asset forfeiture, and other criminal and regulatory issues. Mr. Gitner also has represented entities and individuals in complex federal and state civil litigation and claimants in restitution proceedings.
In 2017 and 2019, Chambers USA shortlisted Mr. Gitner for the White Collar and Government Investigations Lawyer of the Year, an award he won in 2015. That same publication has stated that Mr. Gitner receives “widespread praise for his breadth of expertise and his deft handling of high-profile cases,” is “widely lauded for his expert white-collar defense practice” and a “natural in the courtroom,” and is “the full package, just the whole thing.” The Legal 500 states that Mr. Gitner is a “superstar . . . who is particularly praised for his subject matter expertise and responsiveness.” In July 2014, The American Lawyer named Mr. Gitner its “Litigator of the Week” after he secured the first acquittal in a federal criminal insider trading case in recent memory. The New York Times has profiled Mr. Gitner in an article entitled “Meticulous, Superstitious, and Victorious.” Mr. Gitner routinely appears in Benchmark Litigation, Super Lawyers, New York’s Best Lawyers, The International Who’s Who of Business Crime Defense, Expert Guides (White Collar Crime), Who’s Who Legal (Investigations), and similar publications.
Prior to joining LSW as a partner in 2005, Mr. Gitner served in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York, where he was an Assistant United States Attorney from 1997 to 2005 and chief of the General Crimes Unit from 2003 to 2005. Mr. Gitner was a recipient of the Justice Department’s Director’s Award for Superior Performance and was named the Federal Prosecutor of the Year in 2003 by the Federal Law Enforcement Foundation.
Mr. Gitner has spoken at continuing education seminars, lectured at Columbia Law School, and is an adjunct professor at New York Law School, where he has taught a course on sentencing. Mr. Gitner was also a lead author of Business Crime, a comprehensive treatise on white collar criminal matters, and is the author of numerous articles concerning white collar criminal and regulatory issues.
Mr. Gitner sits on the Development Committee of the Parkinson’s Foundation. From 2013 to 2015, he served as a Mayor’s appointee on the New York City Civilian Complaint Review Board, an independent agency that investigates charges of police misconduct.
Columbia Law School (J.D., 1995)
Harlan Fiske Stone Scholar
Articles Editor, Columbia Journal of Law and Social Problems
Cornell University (B.A., 1992)
cum laude, with honors and distinction in all subjects
Assistant U.S. Attorney, U.S. Attorney’s Office, SDNY (1997-2005) (Chief, General Crimes Unit (2003-05))
Law Clerk, Hon. Barbara S. Jones, U.S. District Court, SDNY (1996-97)
Law Clerk, Hon. Naomi Reice Buchwald, U.S. District Court, SDNY (1995-96)
U.S. Court of Appeals, Second Circuit
U.S. District Court, SDNY
Chair, Criminal Law Executive Group Council, UJA Federation of New York (2016-2018)
Commissioner, New York City Civilian Complaint Review Board (2013-2015)
Board Member, The Fund For Modern Courts
Criminal Law Committee, New York City Bar Association
Panelist, “Corporate Prosecutions: What Companies, Boards and Executives Need To Know,” The Conference Board (March 25, 2019)
Moderator, Practising Law Institute, September 20, 2018, “Insider Trading Law 2018”
Panelist, New York City Bar, April 30, 2018
“Hot Topics in Antitrust: Fraud-Based Antitrust Investigations”
Panelist, Practising Law Institute, July 21, 2017, “Insider Trading Law 2017: A Pivotal Time for Insider Trading Law.”
Panelist, “Role of Experts,” New York City Bar Association 5th Annual White Collar Crime Institute (2016)
Panelist, "Lessons Learned from Recent White Collar Trials," White Collar Crime 2015, Practising Law Institute (2015)
Panelist, “Lessons Learned From Recent Major Trials,”American Bar Association Annual Institute on White Collar Crime (2015)
Panelist, “Investigating, Prosecuting, and Defending Insider Trading Cases,” Navigant Consulting (2014)
Panelist, “Insider Trading 2014: New Developments in Investigating, Prosecuting & Defending Cases,” New York City Bar Association (2014)
Panelist, “Insider Trading and SEC Investigations,” Defending Corporations and Individuals in Government Investigations (Thompson Reuters, 2014)
Panelist, “From the Trenches: High Profile Trials 2013,” Practising Law Institute (2013)
Off-Label Drug Promotion and the First Amendment, New York Law Journal (2013) (co-author, with Patrick Garlinger)
Obtaining Restitution for Crime Victims Without Sacrificing Privacy, New York Law Journal (2013) (co-author, with Patrick Toomey)
Off-Label Prescription Drug Marketing and Related Issues, 6 BUSINESS CRIME: CRIMINAL LIABILITY OF THE BUSINESS COMMUNITY 40-1 (Arkin et al. eds., 2012) (co-author, with Abigail Rosen and Patrick Garlinger)
Seeking Restitution for the Costs of Internal Investigations, New York Law Journal (2008) (co-author, with Brian Jacobs)
Challenging the Guidelines’ Loss Table, Federal Sentencing Reporter, Vol. 20, No. 3 (2008) (co-author, with Gabrielle Friedman and Kan Nawaday)
Must a Firm Report Child Porn on Company Server?, New York Law Journal (2007) (co-author, with Gabrielle Friedman)