Christopher LaVigne

Christopher LaVigne

Partner

Email

christopher.lavigne@aoshearman.com

Phone

+1 212 848 4432

Offices

New York

V-CARD
A former federal prosecutor, Chris focuses on white-collar criminal defense, regulatory investigations and enforcement actions, and high-stakes commercial litigation matters on behalf of both plaintiffs and defendants in courts across the U.S.

Chris has achieved significant trial victories on behalf of clients in recent years, including a USD292.5 million jury verdict for Guardant Health in a false advertising case that earned “Litigator of the Week” recognition in November 2024 for the trial team and a USD44mn jury verdict for SS&C Technologies, Inc. in a trade secret misappropriation case. 

A seasoned trial lawyer, Chris regularly represents and counsels clients in some of their most significant matters, ranging from bet-the-company civil cases to highly sensitive white-collar investigations. Chris’ civil work includes misappropriation of trade secrets, antitrust, Lanham Act, and other commercial disputes. Chris also frequently conducts internal investigations for companies on workplace-related misconduct and fraud-based claims, and represents companies and individuals before the DOJ, SEC, CFTC, and other regulatory agencies.  

Chris has been recognized for his litigation skills by Benchmark Litigation (2015-2024), New York SuperLawyers (2015-2020, 2022-2024), World IP Review (2024 (trade secrets cases)), and the Legal 500 (2020-2024), which called him a “stand out” member of the Litigation Team.

Chris previously served as a federal prosecutor with the U.S. Attorney’s Office for the Southern District of New York from 2005-2013. Chris was a member of the Securities and Commodities Task Force and served as lead trial counsel in the high-profile case United States v. Doug Whitman, in which the founder of a hedge fund was convicted of all insider trading counts after trial.  Chris also served in the Terrorism and International Narcotics Units where he handled several of the Office’s most significant international criminal prosecutions involving national security matters, sanctions and export control violations, terrorism cases, and foreign corruption. Chris’ noteworthy cases included the successful prosecution trial of an MIT-educated neuroscientist (nicknamed “Lady al-Qaeda”) for attempted murder of U.S. officials in Afghanistan. Chris also clerked for United States District Judge Kevin Thomas Duffy of the Southern District of New York.

Expertise

Industries

Experience

Representative matters

  • Guardant Health as Plaintiff in Lanham Act false advertising jury trial against competitor Natera, Inc. in the Northern District of California.  Jury awarded Guardant USD292.5mn in damages (including USD175.5mn in punitive damages), representing one of the largest Lanham Act jury verdicts ever.  America Lawyer recognized the trial team in its “Litigator of the Week” honors in November 2024. 
  • SS&C Technologies, Inc. as Plaintiff in trade secret misappropriation jury trial against Clearwater Analytics in Cook County, Illinois. Jury awarded SS&C USD44mn in damages for, including USD28mn in punitive damages.
  • KuCoin Crypto Exchange in connection with criminal charges filed by DOJ and civil enforcement charges filed by CFTC relating to KuCoin’s BSA/AML program and registration status.
  • Switch Ltd. in a Sherman antitrust trial in the District of Nevada (case settled before jury verdict).
  • Viacom, Inc. and Paramount Pictures Corporation in defending Sherman antitrust, misappropriation of trade secrets, and related claims. Established after hearing in the SDNY that plaintiff spoliated and fabricated key evidence and court dismissed the case with prejudice and imposed sanctions.
  • A multinational financial institution in global resolution of DOJ, District Attorney of New York, OFAC, Federal Reserve, and DFS investigations into institution’s compliance with U.S. economic sanctions.
  • Gemini Trust Co. in CFTC enforcement action alleging false statements in connection with self-certification of BitCoin futures product.
Individual representations in criminal and regulatory matters
  • Executive of digital asset company in connection with DOJ’s FTX investigation and prosecution of Sam Bankman-Fried.
  • Convinced SEC to dismiss lead insider trading count against individual client on eve of trial in the SDNY. Resolved case with no admission of wrongdoing.
  • David Nichols, a Bank of New York Mellon executive charged by DOJ with mail and wire fraud-related offenses concerning the institution’s foreign exchange practices in the SDNY. DOJ settled the case before trial, with no admission of mail/wire fraud by Mr. Nichols and no monetary penalty.
  • Individual in charged SEC enforcement case; resolved case on eve of trial with no admission of wrongdoing.
     
Company representations in criminal matters and internal investigations
  • A global financial institution in internal and government investigations into alleged USD400mn fraud at one of its foreign subsidiaries.
  • Digital asset company in FTC investigation into cyber-related issues and disclosures.
  • Various companies in workplace misconduct investigations.
  • Hedge fund in insider trading investigation conducted by the DOJ and the SEC.
  • Broker dealer in FINRA enforcement action into alleged violations of FINRA registration and supervisory requirements.

 

Company representations in civil matters
  • SS&C Technologies, Inc. in successful dismissal of two Sherman antitust monpolization claims in the Third Circuit Court of Appeals and SDNY.
  • Fintech company in obtaining injunction based on defendant’s misappropriation of trade secrets. 
  • Private equity firm in breach of fiduciary duty-related claims in Delaware Chancery Court. 
  • Broker-dealer in FINRA arbitration relating to suitability claims; Petitioner withdrew all claims with prejudice before adjudication.
  • Trading company in affirmative civil litigation relating to cyber-heist by defendants; successfully recovered over 85 percent of lost funds.

 

Pro bono

  • Served on the Criminal Justice Act Panel for the Southern District of New York.
  • Represented client in two-week criminal trial in the SDNY.

Published Work

  • LaVigne, Christopher, Co-Author, (2017) “Hacking Scandals Highlight Vulnerabilities for Teams and Leagues”, SportsBusiness Journal
  • LaVigne, Christopher, Co-author, (2016) “Implications of Microsoft’s win in overseas server email case”, E-Commerce Law & Policy
  • LaVigne, Christopher, Co-Author, (2016) “Insider Trading Laws and Enforcement”, Practical Compliance & Risk Management For the Securities Industry, Vol. 9, No. 3
  • LaVigne, Christopher, Co-Author, (2016) “‘Litvak’ Dicta Provides Counsel Fodder for Challenging Proof of Intent”, New York Law Journal
  • LaVigne, Christopher, Co-Author, (2015) “A New Tool For Extraterritorial Sanctions Enforcement”, Law360 Expert Analysis
  • LaVigne, Christopher, Co-Author, (2014) “Conducting An Effective Sports Investigation”, Inside The Minds: Understanding Sports Law, Aspatore
  • LaVigne, Christopher, Co-Author, (2014) “Trends and Strategies in Today’s White-Collar Law Cases” Inside the Minds: Managing White-Collar Legal Issues, Aspatore 
  • LaVigne, Christopher, Co-Author, (2013) “Strange Bedfellows: Insider Trading and Political Intelligence”, Bloomberg BNA
  • LaVigne, Christopher, Co-Author, (2013) “New SEC Admission Policy May Be Tested Sooner Than Later”, Law360 Expert Analysis

Speaking Engagements

  • “Lessons From Recent Trials”, New York City Bar Association’s 8th Annual White-Collar Crime Institute, May 2019
  • “Cybersecurity Hypotheticals”, 2018 Managed Funds Association Legal & Compliance Conference, March 2018 
  • “Effective Anti-Corruption Ethics and Compliance Programs”, 2017 Columbia Law School Brazil Forum: Challenges and Perspectives, April 2017
  • “Addressing Current Legal Issues in Daily Fantasy Sports”, Cardozo Sports Law Symposium, March 2016
  • “Judge, Jury and Executioner: Internal Investigations in Sports”, Cardozo Sports Law Symposium, March 2015
  • “White-Collar Investigations and Sports Law: Conducting an Effective Sports Investigation”, Thomson Reuters Webcast, December 2014
  • “Ansfield v. Omnicare: Collective Knowledge in Securities Fraud Suits”, New York State Bar Association, Securities Regulation Committee, November 2014 
  • “The Rising Popularity of Participating in Fantasy Sports Leagues for Cash”, Cardozo Sports Law Symposium, March 2014
  • “Insider Trading and Beyond: Recent Enforcement Trends in the United States and the United Kingdom”, Alternative Investment Management Association Panel, January 2014
  • Presenter, CLE presentations on trends in insider trading and securities law enforcement
  • Panelist, Prosecuting export-related offenses, Department of Justice’s National Advocacy Center

Leadership Positions And Professional Affiliations

  • Criminal Justice Act Panel
  • Member, New York City Bar Association – White-Collar Crime Committee
  • Law360 Sports Editorial Advisory Board
  • Federal Bar Council

Awards

  • Recognized as “Super Lawyer” for White-Collar Criminal Defense, New York Super Lawyers, 2015 – 2020, 2022 – 2024
  • Recognized in The Legal 500, 2020 – 2024
  • Recognized in Benchmark Litigation, 2015 – 2024
  • Recognized in World IP Review, 2024 (trade secrets cases)
  • George A. Spiegelberg Award for Best Oral Advocate, Journal of Criminal Law & Criminology, 2002

Qualifications

Admissions

New York, 2003

Courts

United States District Court for the Southern District of New York

United States Court of Appeals for the Second Circuit

Academic

B.A., University of Pennsylvania, 1998

J.D., Northwestern University, 2002

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.