Hiscock & Barclay
Hiscock & Barclay

Gabriel M. Nugent

Gabriel M. Nugent

Partner

p: 315-425-2836

f: 315-703-7361

icon_email gnugent@hblaw.com
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Syracuse Office

One Park Place
300 South State Street
Syracuse, New York 13202

Gabe Nugent is an experienced commercial litigator, trial lawyer and white collar criminal defense lawyer. In his commercial litigation practice, Gabe handles complex commercial litigation, defending businesses in industries such as securities, accounting, health care, military products, software, electronics, energy and utilities, environmental and real estate. He has handled multiple cases to trial in state and federal courts and in alternative dispute forums in different parts of the country. Gabe has experience in securities litigation and arbitration, contract disputes, environmental litigation, and trade secret and intellectual property litigation, among other areas of law.

Gabe serves as a Co-Chair of the firm’s White Collar Practice Area. In his criminal defense practice, Gabe defends companies and individuals in federal and state investigations. He has represented clients in investigations conducted by the United States Department of Justice, local United States Attorneys, local District Attorneys, the Federal Bureau of Investigation, the Internal Revenue Service, the Department of Homeland Security, the Securities and Exchange Commission, the United States Department of Health & Human Services, the Environmental Protection Agency, state Attorneys General, Congressional committees, and a number of other federal and state agencies.

Gabe’s experience covers criminal matters involving health care fraud, federal and state tax issues, insider trading, securities laws, environmental crimes, import and export control, the federal False Claims Act and state analogues, the Foreign Corrupt Practices Act, mail and wire fraud, cybercrime, public corruption, procurement fraud, mortgage fraud, and offshore assets. He also conducts internal investigations and counsels companies in implementing and improving compliance plans.

Gabe is a trustee for the Northern District of New York Federal Court Bar Association.

Representative Experience

  • Represented technology company in defense of federal securities fraud claims in federal court in Pennsylvania and New York. 
  • Represented accounting firm in defense of federal securities fraud claims in case in the Southern District of New York. 
  • Represented defense contractor in Department of Justice investigation of potential violations of Foreign Corrupt Practices Act. 
  • Represented government contractor in criminal investigation involving military contract. Case involved allegations of failure to comply with Army testing specifications. 
  • Represented individual in insider trading investigation by Securities and Exchange Commission and U.S. Attorney’s Office. Obtained deferred prosecution agreement. 
  • Defended retail business in investigation regarding potential tax fraud related to failure to report sales tax. Avoided criminal prosecution. 
  • Defended trucking company and principal/owner in IRS tax investigation. Avoided criminal prosecution. 
  • Defended high net worth individual in criminal investigation and prosecution related to foreign bank accounts, money laundering, structuring. 
  • Defended environmental testing company in Environmental Protection Agency (“EPA”) investigation of alleged Clean Air Act and other regulatory violations. 
  • Represented pharmacy businesses in criminal investigation by Federal Bureau of Investigation, United States Department of Homeland Security - Immigration & Customs Enforcement and United States Attorney - Eastern District of New York. 
  • Represented health care professional in criminal investigation by Food and Drug Administration and U.S. Attorney - Northern District of New York. Cased involved the alleged use of non-FDA approved Botox. 
  • Represented manufacturer in investigation by New York State Department of Environmental Conservation involving potential hazardous waste disposal violations. 
  • Represented debt settlement company in criminal and civil investigation by the New York State Attorney General. Negotiated civil settlement. 
  • Represented dental management company in investigation of deceptive practices/consumer fraud by New York State Attorney General. 
  • Defended dental management company in investigation by United States Senate - Charles Grassley. 
  • Represented dental management company in investigation by New York State Attorney General - Medicaid Fraud Control Unit. 
  • Defended mortgage broker in federal False Claims Act case in Western District of New York. Obtained "single damages" settlement. 
  • Represent home health aide provider in federal and state False Claims Act cases. 
  • Represent labor union investment advisor in federal securities law and ERISA litigations arising out of Madoff ponzi scheme. 
  • Currently representing health care provider in criminal investigation by Department of Health and Human Services and U.S. Attorney’s Office. 
  • Currently representing individual in EPA investigation of potential Clean Water Act violations. 
  • Defending individual in criminal prosecution involving alleged violations of the Clean Air Act related to asbestos abatement. 
  • Currently representing seafood importer in investigation by National Oceanic and Atmospheric Administration and U.S. Attorney’s Office involving import/export laws. 
  • Currently representing individual in criminal investigation by U.S. Attorney’s office and parallel civil investigation by Securities and Exchange Commission. 
  • Represented manufacturer in defense of breach of contract claims by food service company. Obtained complete dismissal of all claims. 
  • Represent a private Central New York university in connection with criminal investigation involving former assistant coach. 
  • Represented investment banker in litigation related to sale of Puerto Rican cable company. Obtained summary judgment and six figure judgment. 
  • Defended convenience store chain in criminal investigation by New York State Department of Environmental Conservation.

Practice Areas

Education

  • State University of New York at Brockport, A.B., 1995
  • Brooklyn Law School, J.D., 1998

Admitted To Practice

  • New York, 1999
  • District of Columbia, 2012
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Western District of New York
  • U.S. District Court, District of Columbia
  • U.S. Court of Appeals, 2nd Circuit
  • Western District of Texas

Memberships & Affiliations

  • American Bar Association
  • New York State Bar Association 
  • Northern District of New York Federal Court Bar Association, Board of Trustees

Speaking & Publications

  • “How to Select the Right Jury for Your Case,” National Business Institute Seminar, Syracuse, NY, 2007-2008 
  • “The Post-eBay Landscape: Injunction Practice in Patent Litigation,” IP LAW 360, August 2007 
  • “Quantum Meruit: Alternative Commercial-Case Claims,” New York Law Journal, August 2007 
  • Speed Bumps on Woodley Road, Lodging Law, Volume 7, Issue 10, October 2004 
  • Termination of Copyright Transfers, Record Labels’ Rights, New York Law Journal, October, 2004

Prior Experience

  • Thelen Reid & Priest, LLP, Litigation Associate, 2000-2005 
  • Roberts, Sheridan & Kotel, Litigation Associate, 1998-2000

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