Cases
Representative Cases: Nick Boeving represents clients in government investigations
complex commercial disputes. A former Assistant U.S. Attorney in the Southern District of New York, Nick has significant experience h
ling False Claims Act
FIRREA matters.
Successfully represented a leading global chemical company in an investigation involving multiple federal agencies
international trade compliance issues.
Successfully represented a Chinese national in an investigation involving multiple federal agencies
allegations of arms trading.
Obtained dismissal for an insurance company client facing a civil RICO lawsuit in federal court, with risk of treble damages, for issuing a surety bond to a marijuana business as required by state regulations. The judge granted our client's motion to dismiss because the plaintiffs failed to plausibly allege injury sufficient to establish RICO st
ing.
EPMM Colorado v. Green Cross Colorado (Denver Cnty. Dist. Ct. 2015) - Won reversal of a TRO that had been issued ex parte at the close of business on a Friday, effectively shutting down operations for a major manufacturing
distribution client,
subsequently won rejection of the injunction against WTO's client.
Won a complete defense verdict following a week-long jury trial rejecting the plaintiff's claim of employment discrimination by a federal agency.
Won summary judgment in numerous cases in which plaintiffs alleged some form of employment discrimination or retaliation by a federal agency under Title VII or the Rehabilitation Act.
Defeated a motion to compel a hospital's internal quality control review following the death of a patient, establishing a federal peer review privilege,
defeated a motion to compel the hospital's plan of correction.
Successfully defended summary judgment wins before the U.S. Court of Appeals for the Second Circuit in multiple employment discrimination cases.
Conducted an investigation of a major national bank's foreign exchange program. Brought civil fraud action under FIRREA asserting claims of mail
wire fraud against the bank
an individual employee of the bank. Defeated the defendants' motions to dismiss the complaint. This was a case of first impression concerning the scope of FIRREA,
the court's opinion has since been followed by other judges.
Investigated a major FHA lender's mortgage lending
underwriting practices,
brought a civil fraud action under the FCA
FIRREA against the lender, its owner
CEO,
another senior employee. Defeated defendants' motions to dismiss the FCA
FIRREA claims.
Served as trial counsel in a multimillion dollar tax shelter trial involving what was once one of the largest investment banks in the United States. Successfully moved in limine to preclude
limit the scope of the expert testimony proffered by the plaintiff. The case concerned the interpretation of a decades-old bilateral tax treaty
the interplay of that treaty with U.S. tax laws
regulations.
Defeated a summary judgment motion by a national insurance company in a multimillion dollar tax shelter case involving numerous cross-border structured finance transactions. Co-authored the appellate brief defending the denial of summary judgment in the U.S. Court of Appeals for the Second Circuit. The case involved overlap of the foreign tax credit regime established by Congress
common law doctrines, such as economic substance, as well as the underlying contours of the economic substance doctrine.
