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Catherine M. Foti

Catherine M. Foti


New York

Catherine M. Foti has more than twenty-five years of experience in complex civil and white collar criminal matters, including frauds, employment discrimination, sexual harassment, and attorney disciplinary matters. She conducts internal investigations for corporations and also counsels individuals involved in such investigations. Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys has recognized Cathy as a “Future Star.” Cathy has also been listed under Cambridge Who’s Who and recognized in the area of Criminal Defense: White Collar by Best Lawyers in America. Since its inception, she has been listed in Thomson Reuters’ Super Lawyers and was recently named to its Top 50 Women list.

She currently serves on the Board of Directors of the New York Women’s Bar Association, and has served as its Vice-President and as co-chair of its Judiciary and Professional Ethics and Discipline Committees. Cathy is a member of the New York Council of Defense Lawyers, previously served on the Board of Directors of NYCDL and is currently the chair of its Sentencing Guidelines Committee, which she has represented before the United States Sentencing Commission when it heard testimony on proposed amendments to the Guidelines. Cathy is also a member of the American Bar Association, the Federal Bar Council, and the New York City Bar Association, where she sat on the Committee on Professional Discipline and on the Criminal Law Committee.

Cathy is a regular contributor to The Insider Blog on Forbes.com. In addition, Cathy was, for many years, a member of the Board of Editors for, and a contributor to, the Business Crimes Bulletin. She writes about and speaks on various topics, including corporate internal investigations, evidence issues, ethics, attorney disciplinary proceedings, and developments in employment discrimination matters.

Selected Representations:

  • Individuals in a Securities and Exchange Commission investigation into allegations of insider trading; no charges were brought against the client.
  • A union pension plan fiduciary in a Securities and Exchange Commission investigation into an alleged Ponzi scheme; no charges were brought against the client.
  • A pharmaceutical executive in a Securities and Exchange Commission investigation into Foreign Corrupt Practices Act violations; no charges were brought against the client.
  • The Executive Director of a not-for-profit corporation under investigation by the New York County's District Attorney's Office.
  • Individuals in the Securities and Exchange Commission investigation, and in private civil litigation, arising from the collapse of Lehman Brothers.
  • A California finance company in a class action allegation alleging that a cash advance was actually a usurious loan.
  • Kenneth Lipper in multiple civil litigations arising from a rogue portfolio manager's overvaluation of Lipper Convertibles, L.P., a convertible arbitrage investment fund; Mr. Lipper was found not liable on charges of fraud and negligence and obtained a $13 million reward for indemnification.
  • The management of a major New York luxury hotel in multiple civil litigations pertaining to the ownership and control of various properties; clients prevailed at both the trial and appellate levels. 
  • BCCI in the New York County's District Attorney's Office investigation into allegations of fraud and money laundering.
  • The Staten Island Ferry captain in the investigation of the crash of the Andrew J. Barbieri; client received deferred prosecution and eventual dismissal.
  • John A. Zaccaro in his acquittal on charges of criminal extortion in connection with awarding cable television franchises in Queens.
  • A hedge fund founder tried for insider trading.
  • Plaintiffs and defendants in connection with various litigations involving allegations of sexual harassment and workplace discrimination.