Alain focuses his practice on litigation and white-collar compliance and defense. He has represented companies and individuals in a wide array of civil litigation in both federal and state courts, including defense of RICO lawsuits and the prosecution of copyright and trademark infringement cases. As a criminal defense attorney, Alain has developed particular knowledge in criminal tax defense and trade secret theft, and has successfully represented numerous individuals accused of domestic tax evasion or of maintaining undisclosed, foreign bank and trading accounts.
As part of his business litigation practice, Alain has:
- Persuaded a vendor to dismiss a federal RICO lawsuit against a New Jersey municipality without even need for a court ruling
- Obtained dismissal of an administrative whistleblower complaint filed under Dodd-Frank against a financial institution client
- Persuaded a class of borrowers to drop their RESPA lawsuit against his mortgage banking client, without need for motion practice and expensive discovery
- Secured immediate injunctive relief to stop the infringement of a national licensing examination on behalf of a well-known, worldwide professional test-development and test-administration organization
- Obtained an injunction against a municipal tax lien and tax certificate sale
- Persuaded a federal court to dismiss a RICO, RESPA and consumer fraud class action brought against a national mortgage banker without the plaintiffs' lawyers ever taking any discovery or advancing beyond the filing of their complaint
- Represented dozens of auto dealers in a massive consumer fraud class action with tens of millions of dollars at stake
- Defended a real estate developer in an environmental action brought by an anti-development community organization
- Successfully defended attorneys and other professionals in disciplinary proceedings
- Successfully represented the owners of a New Jersey horse racing track in an action to recover a sale premium from the buyer
- Handled FINRA arbitrations in investment bank disputes
- Represented real estate developers in a lawsuit against a municipality that had wrongfully limited development rights
As a much-decorated former Assistant U.S. Attorney, Alain's criminal defense practice has included:
Obtained the dismissal prior to trial of all criminal trade-secret theft charges brought against a scientist employed by pharmaceutical giant Eli Lilly and Company, resulting in the complete vindication of the client
Representation of a lawyer in a RICO case brought against a law firm and several of its partners
- Avoiding the prosecution of health care providers alleged to have committed Medicare and Medicaid fraud
- Defense of a CEO charged with insider trading
- Securing the dismissal of an indictment against an attorney charged with the unlawful practice of law
- Averting the indictment of doctors, lawyers, title company owners, financial advisors and others who were targets of government investigations
Before Fox Rothschild
Prior to joining the firm, Alain was a partner with Stern & Kilcullen, LLC. From 1988 to 2004, Alain was an Assistant U.S. Attorney for the District of New Jersey. He was a Deputy Chief and held the position of Senior Litigation Counsel.
While with the Department of Justice, Alain received numerous awards, including Special Commendations awarded by the U.S. Department of Justice, the Defense Department, FBI, IRS and Postal Inspection Service. He was also a multiple nominee for the U.S. Department of Justice Director's Award and was named Prosecutor of the Year by an umbrella federal law enforcement organization.
Beyond Fox Rothschild
Alain has been active in his community, most recently heading a citizens committee that reports to the local Board of Education on curriculum changes intended to increase minority student achievement.
Honors and Awards
- Selected for inclusion in “Who’s Who Legal” in the area of Investigations Law (2014)
- Martindale Hubbell "AV Preeminent™" rated
- Included in a list of "New Jersey's Best Lawyers" in the area of Criminal Defense: White Collar (2011)
- Selected for inclusion in Best Lawyers in America, White Collar Criminal Defense (2006-2015)
- Included in a list of "Super Lawyers" by New Jersey Monthly Magazine and Law & Politics Magazine for Criminal Defense: White Collar (2005-2011)
- Included in a list of "Corporate Counsel Super Lawyers" in the area of Criminal Defense: White Collar (2010)