Levy

Harlan Levy

Partner
Co-Chair, State Attorneys General practice
New York

I help clients navigate government litigation, civil litigation, and white collar criminal defense, drawing on my experience as a seasoned and strategic advisor and advocate.

Harlan Levy is a litigation partner in Foley Hoag’s New York office and a co-chair of the firm’s State Attorneys General practice group. He was previously a sixteen-year partner at a prominent American law firm described as “a national litigation powerhouse” by the Wall Street Journal and served for five years as the second-ranking official in the New York Attorney General’s office. As First Deputy Attorney General, Harlan “played a critical role in helping oversee a number of significant investigations, including one that resulted in banks paying $60 billion in fines,” as described by the New York Times. Harlan has been described by former Columbia Law School Dean Lance Liebman “at the top of his legal generation for integrity, intellectual rigor, and wise analysis of complex issues” in the New York Law Journal.

He served as a homicide prosecutor and ADA in the Major Offense/Career Criminal Bureau of New York County District Attorney Robert Morgenthau, where he became an accomplished trial lawyer and was called “one of the nation’s foremost DNA experts” by Newsday. He was a litigation associate at Cahill Gordon and law clerk to Judge Leonard Moore of the United States Court of Appeals for the Second Circuit. 

Harlan’s work in private practice includes representing: a Fortune 100 pharmaceutical chain as national settlement counsel in opioids litigation brought by states, counties and cities across the United States; lead trial counsel for the Commonwealth of Kentucky in a price gouging case against two Fortune 500 corporations (resolved on the eve of trial by mediation including Harlan and then Attorney General Beshear); the chief fundraiser for Mayor Bill de Blasio in a lengthy and high-profile criminal investigation of the Mayor and fundraiser in which federal prosecutors from the Southern District of NY decided not to indict following advocacy for the defense by the fundraiser’s lawyer (Harlan) and the Mayor’s lawyer; Banque Indosuez at trial against claims by Venezuelan investors that their losses in international currency trading were the result of fraud, demonstrating through his direct and cross-examination of experts that the investors had “made the wrong bet;” and led the briefing on behalf of survivors of World War II slave labor camps in a class action against German industrial corporations in the United States District Court for the Eastern District of New York -- resolved in the Eastern District and other jurisdictions by a 2000 Treaty between the governments of the United States and Germany requiring payment totaling 10 Billion Deutsche Marks from the German government and German industrial corporations for compensation to survivors. 

Harlan is a member of the Board of Trustees of the Citizens Budget Commission and Co-Chair of the Committee on Civic Education of the Association of the Bar of the City of New York (“the Association”). He served as Chair of the Board of Directors of the Association; Chair of the Association’s Council on Criminal Justice; Chair of the Association’s Immigration Amnesty Counseling Committee; and President of the Federal Bar Council Inn of Court. He received Citizen Union’s “Public Service Award” and the “John J. McCloy Award” from the Fund for Modern Courts. 

He has spoken at venues including: the Second Circuit Judicial Conference; the Judicial Conference of the U.S. District Court for the Eastern District of New York; Columbia Law School’s General Counsel Forum; NYU Law School’s Center on the Administration of Criminal Justice; two Federal Bar Council Bench and Bar Conferences; the New York City Bar Association Litigation Summit; hearings by the National Institute of Justice; the Governor’s Law Enforcement Forum: the American Bar Association; the New York County Lawyers Association; and as Keynote speaker at a conference on the Ethical Legal and Social Implications of the Human Genome Project sponsored the National Institutes of Health and Tuck School of Business. His numerous appearances on national television as a court and trial commentator include CBS, NBC, ABC, CNN, CNBC, MSNBC, Fox and Court TV. 

He is the author of And the Blood Cried Out, which the New York Times described as a “highly regarded book about DNA in the courtroom,” published by HarperCollins in the U.S. in hardcover and paperback, and by Hara Shoba in Japan. It was reviewed by critics as “superb” (Wall Street Journal), “riveting” (Publishers Weekly), and “featuring smooth and easy writing but also containing the thriller’s cliffhanging suspense” (The Boston Globe). His non-fiction popular book was excerpted in Waltz & Park, Cases and Materials on Evidence (Foundation Press). He has published articles in The New York Times, the Daily News, the ABA’s Litigation magazine, the Huffington Post, and The New York Law Journal.

He is a graduate of: Columbia Law School, where he was Executive Editor of the Columbia Human Rights Law Review and a Charles Evans Hughes Fellow; and Amherst College, where he was Class Day Speaker at Commencement and received the Psi Upsilon or “First Citizen of the College Prize,” awarded by the President and Deans “to that member of the graduating class who is considered preeminent in scholarship, leadership, athletics and character.” 

Education

  • Columbia University School of Law, J.D., Charles Evans Hughes Fellow (race and poverty law)
  • Amherst College, B.A., magna cum laude, Psi Upsilon or First Citizen of the College Award; Class Day Speaker, Commencement

Bar and Court Admissions

BAR ADMISSIONS
  • New York
COURT ADMISSIONS
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Experience

For highlights of Mr. Levy's substantive litigation experience, please see the introductory overview above

PROFESSIONAL EXPERIENCE
  • Partner, Foley Hoag (2021-present)
  • Partner, Boies Schiller & Flexner (2000-2010, 2015-2021)
  • First Deputy Attorney General and Chief Deputy Attorney General, State of New York (January 1, 2011-October, 2015)
  • Assistant District Attorney, New York County District Attorney's Office (1987-1995)

Publications

  • NY Data Security Law Will Dramatically Expand AG’s Reach, Law360 
  • The New World of Campus Sexual Assault, Huffington Post 
  • Making Experts Matter, Litigation Magazine 
  • Protecting the Innocent: A Proposal for New York, New York Law Journal
  • Stolen and Smuggled Art, New York Law Journal
  • Caught Up in DNA’s Growing Web, Op-Ed, New York Times (named Best Column in the United States by the magazine The Week)
  • And the Blood Cried Out (HarperCollins: U.S., Hara Shoba: Japan)
  • Jury Selection in Criminal Cases, New York State Basic Course for Prosecutors 
IN THE MEDIA
  • “N.Y. Lawyer Harlan Levy Exits Boies Schiller for Foley Hoag,” Bloomberg
  • “Boies Schiller Partner Joins Foley Hoag as Firm Continues to Build Out New York Office,” The American Lawyer
  • “Ex-NY prosecutor Leaves Boies Schiller in Latest Partner Exit,” Reuters
  • “Prosecutors Decline to Charge de Blasio, Aides in Fundraising Probes,” Politico
  • “De Blasio Campaign Aide Faces Scrutiny in Fundraising Probe,” The Wall Street Journal
  • “De Blasio’s Office Gets Subpoenas as Inquiries into Fund Raising Continues,” The New York Times
  • “Top Deputy to Exit Attorney General’s Office to Rejoin Law Firm,” The New York Times
  • “Levy to Step Down as Chief Deputy AG and Return to Boies Schiller,” New York Law Journal

Honors & Involvement

HONORS
  • John J. McCloy Award, Fund for Modern Courts
  • Public Service Award, Citizens Union
INVOLVEMENT
  • Board of Trustees, Citizens Budget Commission 
  • Chair, Board of Directors, Association of the Bar of the City of New York
  • President, Federal Bar Council Inn of Court 
  • Chair, Council on Criminal Justice, Association of the Bar of the City of New York

Speaking Engagements

  • Responding to State Attorneys General Investigations, General Counsel Forum, Columbia Law School 
  • The Martin Act: A Tool for Reform or an Abuse of Power, NYU School of Law Center on the Administration of Criminal Justice 
  • NY AG and NY DFS 101, Federal Bar Council 
  • The Weight of the Mattress: Sexual Assault on Campus, Federal Bar Council Bench and Bar Conference 
  • Key Issues in White Collar Criminal Defense, New York State Bar Association 
  • Governmental Investigations and Litigation, New York City Bar Association Litigation Summit 
  • Keynote Speaker, Conference sponsored by the National Institutes of Health and Tuck School of Business on the Ethical, Legal and Social Implications of the Human Genome Project 
  • Standards for Prosecuting Corporate Fraud, New York City Bar Association 
  • Examination and Cross-Examination of Expert Witnesses, Federal Bar Council