Alan J. Bozer

Of Counsel Buffalo, New York City, Chautauqua
Alan J. Bozer

News & Events

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

  • New York State Bar Association Empire State Counsel® Program for Pro Bono Work Honoree, 2025
  • Selected for the Upstate New York Super Lawyers® list, 2007-2008, 2012-2025
  • 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
Best Lawyers Firm Badge 2027
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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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  • Presenter, “When the Government Knocks: Smart Strategies for Regulatory Responses,” Phillips Lytle and Niagara Frontier Corporate Counsel Association CLE, May 2025
  • 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

  • Author, “Another Voice: City Must Take Charge on Humboldt Reconstruction,” The Buffalo News, March 2025
  • 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