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A partner in the White Collar Defense and Investigations Practice in New York, Kenneth Breen has earned a national reputation as a leading advocate and trial lawyer on high-profile criminal, regulatory enforcement, civil matters, and internal investigations. He is regularly chosen to defend corporations and executives in high-stakes investigations and trials, and to conduct internal investigations, involving a myriad of issues including securities fraud, health care fraud, consumer protection issues, money laundering, and anti-corruption allegations. Many of these matters involve law enforcement and regulatory agencies from multiple jurisdictions and cross-border legal issues. He has handled numerous investigations that have led to favorable settlements or concluded investigations in which no charges were brought, often by leveraging his reputation as a successful advocate and, when necessary, a winning trial and appellate attorney. He has tried 48 cases to verdict and argued 12 appeals as a federal prosecutor and defense attorney.
In ranking Ken among the leaders in White Collar & Government Investigations, Chambers USA notes that his clients regard him as a "fantastically talented lawyer who is extremely strategic," and they hold him in "high esteem" and praise his "very shrewd mind," "exceptional legal vision," and "ability to look across the full spectrum of white-collar issues." According to Chambers, he impresses clients as "a very strong advocate," "an extremely clear thinker," "great communicator," "highly focused and results-oriented," "able to manage large and complex cases seamlessly," "highly efficient, comprehensive and thoughtful," "very focused, incredibly direct and also really strategic," "dedicated, tireless and [someone who] can quickly and effectively understand legal issues and the business needs of his clients," and "phenomenal - [….] very good at his craft and […] a great strategist." Clients also describe him as an "extraordinarily effective trial counsel" who "comes with the experience, gravitas and intellect" that lets the other side know that he will be "really prepared to try the matter."
In January 2022, having achieved a split verdict at trial for Matt Connolly, the lead defendant in the Southern District of New York’s Deutsche Bank LIBOR manipulation case, Ken won a precedent-setting appellate victory in the Second Circuit in U.S. v. Connolly, et al., where all counts of conviction against Connolly were overturned and judgments of acquittal were directed. Connolly was the first U.S.-based trader to be charged with alleged manipulation of LIBOR. This win for Connolly and his co-defendant represents the only LIBOR-related criminal case in the U.S. or U.K. to be overturned on sufficiency of the evidence grounds and has received world-wide attention.
In January 2021, having served as trial counsel for David Gibson, the lead defendant in the District of Delaware‘s Wilmington Trust Corporation securities and accounting fraud case, Ken secured a landmark appellate ruling in the Third Circuit in U.S. v. Gibson, et al., where all counts of conviction against Gibson, the former Chief Financial Officer of Wilmington Trust Corp., were overturned on sufficiency grounds. Judgments of acquittal were directed as to 8 counts, and the 2 remaining remanded counts were subsequently dismissed. The American Lawyer deemed it "a stunning reversal of criminal convictions for four executives of Wilmington Trust Corp. in a case dating back to the Great Recession. Ken also successfully resolved the parallel SEC case against Gibson.
Ken’s work in U.S. v. Connolly, et al., was shortlisted by Global Investigations Review as the Most Important Case of the Year for its impact on future government investigations, and led to his recognition by Law360 as a "Legal Lion" following Connolly’s no prison time sentencing, though facing 15 years. The subsequent appellate reversal in U.S. v. Connolly, et al. led to Ken's recognition as The American Lawyer's "Litigator of the Week," which described the win as a "remarkable turnaround" and acknowledged it as the second white-collar appellate reversal obtained by Ken in as many years. Ken was previously nominated for "Litigator of the Week" by The American Lawyer for his more than 10 years of work in U.S. v. Gibson, et al.
Prior to private practice, Ken served as a federal prosecutor in the U.S. Attorney's Office for the Eastern District of New York, where he was Deputy Chief of the Business and Securities Fraud Section, and, prior to that, in the U.S. Department of Justice Tax Division.
Ken is the former global chair of the investigations and white collar practice at another leading U.S. law firm.
Accolades and Recognitions
- Chambers USA Litigation: White Collar Crime & Government Investigations (2010-2024)
- The Legal 500, Dispute Resolution-Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates, Dispute Resolution-Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals, Dispute Resolution-Financial Services Litigation, Dispute Resolution-Securities Litigation: Defense (2015-2024)
- Lawdragon, Selected to the “500 Leading Lawyers in America” guide (2023, 2024), Selected to the “500 Leading Litigators in America” guide (2022, 2024), Selected to the “500 Leading Global Litigators” guide (2023)
- National Law Journal, Selected to the "Trailblazers" list recognizing the nation's leading attorneys in criminal law (2020)
- The American Lawyer, Litigator of the Week for securing a "remarkable turnaround" and complete appellate victory in U.S. v. Connolly, et al. (Second Circuit) with a precedent-setting opinion (2022), Litigator of the Week Nominee for work as trial and appellate counsel securing a landmark appellate victory in U.S. v. Gibson, et al. (Third Circuit) and following the dismissal of the remaining remanded counts (2021)
- Law360, Recognized as a "Legal Lion" for securing a sentencing ruling without any period of incarceration in U.S. v. Connolly, et al. (S.D.N.Y.) (2019)
- Global Investigations Review (GIR), Recognized as lead trial counsel in U.S. v. Connolly, et al. (S.D.N.Y.), shortlisted by GIR as "Most Important Case of the Year" for its impact on future government investigations (2019)
- Benchmark Litigation, Named a Litigation Star in White Collar Crime
