Alan J. Bozer

Of Counsel Buffalo, New York City, Chautauqua
Buffalo, New York City, Chautauqua abozer@phillipslytle.com (716) 504-5700 (212) 759-4888 ext. 5700 vCard
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Overview

Overview

News & Events

Oct 07, 2024
East Side Parkways Coalition Continues Legal Battle Against $1 Billion Project
Aug 22, 2024
Forty-Eight Phillips Lytle Attorneys Named to 2024 Upstate New York Super Lawyers and Rising Stars Lists
Aug 15, 2024
Fifty-Four Phillips Lytle Attorneys Named to The Best Lawyers in America® 2025 List
Jul 15, 2024
Coalition Files Lawsuit Against Federal Highway Administration Over Kensington Expressway Project Approval
Sep 07, 2023
Dealing With Regulatory Investigations & False Claims Act Prosecutions
Aug 23, 2023
Fifty-Six Phillips Lytle Attorneys Named to 2023 Upstate NY Super Lawyers® and Rising Stars Lists
Aug 17, 2023
Fifty-Five Phillips Lytle Attorneys Named to The Best Lawyers in America® 2024 List
Aug 23, 2022
2022 Upstate New York Super Lawyers® and Rising Stars
Aug 18, 2022
The Best Lawyers in America 2023
Mar 25, 2022
James’ Fraud Claims are Tough to Prove
Aug 20, 2021
2021 Upstate New York Super Lawyers
Aug 21, 2020
2020 Upstate New York Super Lawyers
Jun 23, 2020
Bozer, Glasgow, BAEC Webinar, CLE, Law Enforcement Accountability

Alan chairs the firm’s White Collar Criminal Defense and Government Investigations Practice Team. He is active in trying criminal and civil cases, and handles appellate and arbitration work.

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Honors & Awards

  • Selected for the Upstate New York Super Lawyers® list, 2007-2008, 2012-2024
  • Listed in The Best Lawyers in America®
  • Listed in Legal Elite of WNY, Business First of Buffalo and Buffalo Law Journal, 2015
  • Recognized by the Erie County Bar Association Volunteer Lawyers Project for Pro Bono work in immigration law
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Education & Admissions

Education
  • State University of New York at Buffalo Law School, J.D., cum laude, 1984
  • Harvard College, B.A., magna cum laude, 1975
Admitted to Practice
  • New York
  • U.S. District Court, Eastern, Northern, Southern and Western Districts of New York
  • U.S. Court of Appeals, Second and Third Circuits
  • U.S. Supreme Court

Experience

Business
  • Cole-Hoover v Reddy, 689 F. App’x 60 (2d Cir. 2017)
  • Taylor v. Harbour Pointe Homeowners Ass’n, 690 F.3d 44 (2d Cir. 2012), cert denied, 133 S. Ct. 1280 (2013), on remand, 2012 WL 6088368 (attorneys’ fees)
  • Omni Consulting Grp., Inc. v. Pilgrim’s Pride Corp., 488 F. App’x 478 (2d Cir. 2012)
  • Phoenix Aktiengesellschaft v. Ecoplas, Inc., 391 F.3d 433 (2d Cir. 2004)
  • Sevenson Envtl. Servs, Inc. v. Diversified Royalty Corp., Civ. No. 08-1386, 2018 WL 5033749 (D.N.J. Oct. 16, 2018)
  • Denhaese v Buffalo Spine Surgery, PLLC, 144 A.D.3d 1519 (4th Dep’t 2016)
  • Liaros v. Ted’s Jumbo Red Hots, Inc., 96 A.D.3d 1464 (4th Dep’t 2012)
  • Estate of Panaggio v. Marasco, 93 A.D.3d 1281 (4th Dep’t 2012)
  • Marcone APW, LLC v Servall Co., 85 A.D.3d 1693 (4th Dep’t 2011)
  • O’Connell Mach. Co., Inc. v. City of Buffalo Zon. Bd. of App., 60 A.D.3d 1353 (4th Dep’t 2009)
  • Rust v. Turgeon, 64 A.D.3d 1155 (4th Dep’t 2009)
  • Gibraltar Steel v. Gibraltar Metal Proc., 19 A.D.3d 1141 796 (4th Dep’t 2005)
  • B.M.H. Mgmt., Inc. v. 81 & 3 Of Watertown, Inc., 13 A.D.3d 1182 (4th Dep’t 2004)
  • Smith v. Kanter, 273 A.D.2d 793 (4th Dep’t 2000)
  • Smith v. Triad Mfg Group, Inc., 255 A.D.2d 962 (4th Dep’t 1998)
  • Roller v. Buchheit, 259 A.D.2d 1012 (4th Dep’t 1999)
  • Arons v. Lalime, 3 F. Supp. 2d 328 (W.D.N.Y. 1998)
  • Sullivan v. LTV Aerospace & Defense Co., 850 F. Supp. 202 (W.D.N.Y. 1994), remanded, 82 F.3d 1251 (2d Cir. 1996) (settled)
  • Pennex Aluminum Co., a Div. of Metal Exchange Corp. v. International Fidelity Ins. Co., 818 F. Supp. 772 (M.D. Pa. 1993)
  • Sunbird Teleproductions, Inc. v. U.S. Fidelity and Guar. Co., 134 A.D.2d 832 (4th Dep’t 1987)
Estate Matters
  • In re Alford, 158 A.D.3d 1188 (4th Dep’t 2018)
  • In re Bodkin, 128 A.D.3d 1526 (4th Dep’t 2015)
  • In re Attea, 49 Misc. 3d 218 (Sur. Ct. Erie Cty. 2015)
  • In re White, 128 A.D.3d 1366 (4th Dep’t 2015)
  • In re Heckl, 66 A.D.3d 1344 (4th Dep’t 2009)
  • In re Heckl, 44 A.D.3d 110 (4th Dep’t 2007)
  • In re Estate of Titus, 39 A.D.3d 1203 (4th Dep’t 2007)
  • In re Estate of Dudley, 46 A.D.3d 1461 (4th Dep’t 2007)
  • In re Sommer, 16 Misc.3d 1103(A) (Surr Ct Catt. Cty 2007)
  • In re Proceeding by Sommer, 15 Misc.3d 1108(A) (Surr Ct Catt Cty 2007)
Bankruptcy Matters
  • In re Lyons Equipment Co., Inc., 436 B.R. 281 (Bk. Ct. W.D.N.Y. 2010)
  • In re Douds, 327 B.R. 122 (Bk. Ct. W.D.N.Y. 2005)
  • In re Admiral’s Walk, Inc., 134 B.R. 105 (Bk. Ct. W.D.N.Y. 1991)
Criminal Matters
  • U.S. v. Stoerr, 695 F.3d 271 (3d Cir. 2012)
  • Sevenson Envtl. Servs, Inc. v. McDonald, Civ. No. 08-1386(RMB), 2009 WL 427402 (D.N.J. Feb. 20, 2009)
  • United States v. Jones, No. CR-89-61E, 1989 WL 158297 (W.D.N.Y. Dec. 15, 1989)
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Speaking Engagements

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Jun 24, 2020

Bozer, Glasgow, Presenters, BAEC Webinar

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  • Presenter, “Nuts & Bolts and a Survey of Changes in 1983 Jurisprudence over the Last Few Years, Current Judicial and Legislative Developments,” “CLE: Law Enforcement Accountability: Section 1983 and Excessive Force Claims” Bar Association of Erie County Webinar, June 2020
  • Speaker, “Addressing Government Investigations in Data Security & Privacy Matters and Crisis Situations,” Phillips Lytle Monthly Data Security Download, March 2018
  • Presenter, “The Great Writ of Habeas Corpus,” Chonnam National University College of Law, March 2016
  • Panelist, “Discovery Proceedings for Trusts and Estates Practice,” NYS Bar Association Trusts and Estates Law Section Seminar, May 2015
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Activities & Professional Associations

Present Activities

  • Buffalo and Erie County Greenway Fund Standing Committee, Chairman
  • LawExchange International, Dispute Resolution Group
  • Center for Elder Law & Justice, Director

Past Activities

  • Buffalo Olmsted Parks Conservancy
    • Board of Trustees
    • Long Range Planning Committee, Co-Chair
  • Harvard-Radcliffe Club of Western New York, Past President
  • Delaware Soccer Club, Past President and Coach
  • State University of New York at Buffalo School of Law, Adjunct Lecturer: Post-Judgment Remedies

Professional Associations

  • American Bar Association
    • Section of Dispute Resolution
    • Litigation Section
  • Bar Association of Erie County
    • Commercial Litigation and Bankruptcy Law Committee
    • Federal Practice Committee
    • Human Rights Committee, Chair
  • New York State Association of Criminal Defense Lawyers
  • New York State Bar Association
    • Commercial and Federal Law Section
    • Criminal Justice Section
  • New York State Defenders Association
  • Western New York Trial Lawyers Association

Articles & Publications

Articles

  • Co-Author, “White Collar Corner: The Enforcement of New York State’s SHIELD Act,” The Daily Record, March 2023
  • Co-Author, “White Collar Corner: DOJ Signals Softer Stance Toward Criminal Defendants,” The Daily Record, January 25, 2023
  • Co-Author, “White Collar Corner: While PPP Loans Have Ended, the Investigations Are Ongoing,” The Daily Record, September 2022
  • Co-Author, “White Collar Corner: Reducing Risks Associated with Joint Defense Agreements,” The Daily Record, May 2022
  • Author, “White Collar Corner: Public Contract Debarment Concerns for Contractors in New York State,” The Daily Record, September 2021
  • Author, “The Department of Justice’s Power to Dismiss Whistleblower Suits,” Beyond Dispute, Phillips Lytle Commercial Litigation Newsletter, June 2021
  • Co-Author, “White Collar Corner: Can One Successfully Oppose a Federal Civil Forfeiture Action?,” The Daily Record, June 2020
  • Co-Author, “Small Businesses: The New Likely Target of False Claims Act Liability for CARES Act Fraud,” The Daily Record, April 2020
  • Co-Author, “Department of Justice Uses Travel Act to Prosecute Health Care Fraud Not Otherwise Prohibited Under the Anti-Kickback Statute,” The Daily Record, March 2020
  • Co-Author, “NY’s New SHIELD Act and Identity Theft Prevention and Mitigation Services Act Enhance Protections for New York Residents’ Data,” The Daily Record, October 2019
  • Co-Author, “Fraud, Executive Law § 63(12)’s Summary Enforcement Procedures and the FCA,” The Daily Record, March 2019
  • Co-Author, “The Employer’s Duty to Preserve Employee Cellular Phone Data,” Beyond Dispute, Phillips Lytle Commercial Litigation Newsletter, February 2019
  • Co-Author, “White Collar Corner: When the Whistle Blows,” The Daily Record, December 2018
  • Co-Author, “Supreme Court Decides SEC ‘Judges’ Were Unconstitutionally Appointed, Leaves Other Questions Unanswered,” The Daily Record, July 2018
  • Co-Author, “White Collar Corner: New York Attorney General’s Investigative Powers Under Executive Law § 63(12) are Broad,” The Daily Record, May 2018
  • Co-Author, “White Collar Corner: DOJ Memo Suggests Narrowed Regulatory Enforcement Under President Trump,” The Daily Record, February 2018
  • Co-Author, “White Collar Corner: Constitutional Challenges to ALJs May Get High Court Hearing,” The Daily Record, December 2017
  • Co-Author “White Collar Corner: Hold the Phone: The Duty to Preserve Cellular Phone Data,” The Daily Record, November 2017
  • Author, “Another Voice: Front Park is Once Again a Place of Inspiration,” The Buffalo News, October 2016
  • Co-Author “White Collar Corner: The Yates Memo: One Year Later,” The Daily Record, August 2016
  • Author, “Another Voice: Creek’s History and Environment Must be Preserved,” The Buffalo News, December 2015
  • Co-Author “White Collar Corner: Reasonable Interpretation vs. Knowing Lie – How Tax Fraud is Enforced as a False Claim in New York,” The Daily Record, December 2015
  • Co-Author “White Collar Corner: Obtaining Evidence and Testimony North of the Border,” The Daily Record, September 2015