Known as a tenacious litigator & strategic outside-the-box thinker with more than 50 criminal cases tried to verdict, Gail Shifman is nationally recognized for handling complex white collar investigations and cases that include allegations of antitrust violations, insider trading, trade secret violations, the Computer Fraud & Abuse Act (CFAA) and the Federal Corrupt Practices Act (FCPA) as well as a wide variety of other criminal charges such as large-scale drug offenses, counterfeiting, child pornography, racketeering charges, homicides, DUIs and beyond. Gail’s practice includes representation before the SEC, administrative agencies and the defense of qui tam suits. She also defends students and others in Titile IX actions as well as executives and professionals accused of sexual harassment or misconduct in the workplace and represents individuals seeking or defending against restraining orders. Gail has also conducted internal investigations of harassment and misconduct in the workplace and with students including Safe Sport investigations.
Some of Gail's successes include:
Following months of litigation & a hard-fought criminal insider trading trial, Gail won an order at trial piercing the cooperating witness’ attorney-client and patient-therapist privileges providing evidence that resulted in a variance 70% below the applicable sentencing guidelines in the recent Supreme Court case, United States v. Bassam Salman.
Gail successfully suppressed a 6 month federal wiretap based on lack of requisite necessity resulting in the dismissal of dozens of charges in United States vs. Pius Aileman, a major narcotics and money laundering case.
With strategic pretrial discovery litigation, Gail demonstrated that government witnesses’ allegations were false resulting in the dismissal of death eligible federal racketeering (RICO) and double homicide charges in United States vs. David George.
In a bribery and corruption case, Gail successfully litigated pretrial motions exposing corruption of public officials resulting in dismissal of charges in the Indictment.
Gail obtained diversion for client in racketeering (RICO) indictment with relentless litigation of alleged government misconduct issues.
In a Sherman Act antitrust indictment, following aggressive motion litigation in United States vs. Howe Electric, Inc., Gail negotiated a resolution allowing the corporation to continue to transact business maintaining their government contracts & won probation for the individual client.
Working with other lawyers, Gail and the team won the dismissal of rape charges against a university student at preliminary examination with an aggressive cross-examination of the alleged victim.
Gail won an acquittal at trial of a man charged with numerous counts of assault with intent to murder.
Gail has won the dismissal without discipline of Title IX investigations against university students through the use of aggressive use of investigation, carefully selected litigation and effective persuasion of university officials.
Gail successfully defended a Founding Partner of a venture firm against allegations of sexual misconduct and harassment resulting in a finding of no misconduct and no discipline.
Gail successfully defended a Founder/CEO accused of sexual misconduct resulting in no criminal charges filed and no civil suit pursued.
Gail successfully defended a sports professional accused of domestic violence resulting in no criminal charges filed and negotiated a favorable severance package.
Gail persuaded both federal and state prosecutors not to file possession/distribution of child pornography charges against a client. In other child pornography prosecutions, Gail successfully challenged the sentencing guidelines resulting in substantially reduced sentences.