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Terrance Flynn
D: (716) 200-5120  
tflynn@harrisbeach.com
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Terrance P. Flynn

  Member

(716) 200-5120  |
  tflynn@harrisbeach.com
Linkedin
Twitter
“I enjoy guiding a client, either a corporation or individual, facing a complex internal and/or external matter and seeing that client succeed in resolving the matter in a way that allows them to prosper.”
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Professional and Civic
Areas of Experience
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Education
Location

Terry is the Chairman of the Harris Beach Compensation Committee.

Terry is a former presidentially appointed United States Attorney for the Western District of New York. He represents businesses and individuals across industries in both civil and criminal government investigations which include conducting internal corporate probes and independent monitorships. Terry also litigates on behalf of a diverse array of clients among the Fortune 50 and large privately held companies, including Walmart, Facebook, United Technologies, United/Continental Airlines and the Buffalo Sabres, in such areas as commercial litigation, product liability and personal injury litigation, and government compliance. Terry’s representation of United Technologies resulted in Harris Beach being acknowledged among the Go-To Law Firms® for 2014 in Contracts Litigation as published in Corporate Counsel magazine.

Terry advises clients in complex legal crises involving criminal, civil, regulatory and related public relation matters. He has been engaged by leading companies in the financial, intellectual property, health care, retail, environmental, transportation, life sciences and energy sectors to conduct sensitive regulatory and criminal investigations on international, national and state levels. His knowledge of and relationship with federal, state and local law enforcement enables him to react quickly in order to respond to various crisis situations. Additionally, his federal and state court litigation practice has encompassed such areas as antitrust, trade secrets, environmental contamination, contract disputes, aeronautical, mass tort, and class actions.

Prior to joining Harris Beach, Terry served as the United States Attorney for the Western District of New York from March 2006 to January 2009. In that capacity, he was the chief civil lawyer and criminal prosecutor for the United States and all of its agencies in the 17 county region of the Western District of New York. He oversaw the management of two offices (Buffalo and Rochester) with more than 130 personnel, including 57 attorneys. Specifically, he was responsible for the overall civil affirmative enforcement, civil defense and criminal prosecution of approximately 4,200 cases, encompassing such areas as government compliance/independent monitor, health care fraud, commercial litigation, international trade, white collar fraud, bankruptcy and numerous other civil and criminal matters. During his tenure, the U.S. Attorney's Office for the Western District of New York recovered on behalf of taxpayers over $124 million through both affirmative civil and criminal enforcement of fraud against the U.S. Government.

Prior to his confirmation as the United States Attorney, Terry was a trial lawyer who litigated and tried cases throughout New York state, including the New York City metropolitan area. He represented numerous Fortune 100 and 500 corporations, including, but not limited to, General Motors, Toyota, Ford, Chrysler, Raytheon, Black & Decker, Hertz and Westinghouse.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENT

  • “SBA Issues Loan Necessity Questionnaires to PPP Recipients; Signals Next Step in Loan Compliance Investigations,” Legal Alert, December 2020
  • “PPP Loan Forgiveness Applications and Increase in Federal Investigations Pose Risks for Small Businesses,” Legal Alert, December 2020
  • “Repeal of Civil Rights Law 50-a Makes Police Disciplinary Records Public Through FOIL,” Legal Alert, June 2020
  • “Department Of Justice Issues June 2020 Updated Guidance For Evaluating Corporate Compliance Programs,” Legal Alert, June 2020
  • “Long-Term Care Investigations: Critical Steps To Mitigate Risk and Protect Your Residents, Staff and Reputation,” Podcast / Advisory, June 2020
  • "Department of Justice Creates Task Forces in all 93 U.S. Attorney Districts to Investigate COVID-19 Criminal Activity," Legal Alert, April 2020
  • "Cuomo's Proposed Medicaid Reform Yields Insight for New York State Municipalities, Health Care Providers," Legal Alert, January 2020
  • "Conducting Effective Internal Investigations," DRI-The Voice of the Defense Bar In-House Defense Quarterly, Spring 2019
  • "Internal Investigations: Getting It Right Inside Before You Have To Explain it to Others," at the DRI Business Litigation Super Conference, Austin, TX 2019
  • "Two Executives and Distributor Charged for Unlawfully Distributing Controlled Substances," Legal Alert, May 2019
  • "DOJ Issues Guidelines for Cooperation Credit Specifically as to False Claims Act Matters," Legal Alert, May 2019
  • "DOJ Heightens Focus on Corporate Compliance Programs," Legal Advisory, May 2019
  • "New DOJ Policy to Curb Duplicative Penalties in White Collar Corporate Crime," Legal Advisory, 2018
  • "Conducting Effective Internal Investigations" at the DRI Cybersecurity and Data Privacy Conference, Chicago, 2018
  • "Achieving a Culture of Compliance," Buffalo Law Journal, February 2018
  • Quoted extensively in "More Regulations Mean More Scrutiny," Buffalo Law Journal, December 2017
  • "Two Wrongs Don’t Make a Right! Ethical Concerns when Conducting Internal Investigations," at the DRI Annual Meeting, Chicago, 2017
  • Serving as counsel to a large health services company currently subject to a five year federal court ordered monitor ship pursuant to a Department of Justice investigation and prosecution.
  • Served as the federally appointed Monitor on a multi-year matter brought by the U.S. Department of Justice and U.S. Department of Veteran Affairs over an international company with procurement compliance and regulatory issues.
  • Counsel to Facebook and Mark Zuckerberg in a fraudulent breach of contract action in federal court which culminated in the court’s granting of a motion to dismiss the lawsuit.
  • Lead counsel to Fortune 10 company in multiple multi-year investigations, both domestically and internationally.
  • Trial co-counsel to United/Continental Airlines in a seven week trial involving an airplane crash. The state and federal litigation arising out of the catastrophic airplane crash involved over 45 plaintiffs.
  • Counsel to international company regarding potential FCPA violations which resulted in a favorable resolution.
  • Representation of defendant company in antitrust litigation involving potential class action certification.
  • Lead independent counsel to international client in connection with corporate financial investigation. Managing Harris Beach’s relationship with the client in order to conduct multi-state investigations.
  • Lead counsel to oil and gas company in litigation stemming from a gas explosion which caused significant personal injuries and a fatality. Litigated court proceedings and successfully mediated the lawsuit.
  • Counsel to a major financial services company in an investigation by the New York State Attorney General’s office which resulted in a favorable resolution.
  • Lead counsel to a Fortune 50 company in a multi-year corporate independent monitor investigation which resulted in no charges being filed.
  • Counsel to a major international corporation in trade secret litigation.
  • Counsel to an individual in UBS-Swiss tax fraud case.
  • Counsel to international aeronautical company in litigation involving fatalities arising out of airplane accident.  Successfully achieved dismissal of all claims against the defendant corporation at both the trial and appellate levels.
  • Counsel to company in a consumer fraud investigation commenced by the New York State Attorney General’s office.
  • Regularly retained to represent individuals and/or entities before state and federal grand juries in multiple jurisdictions.
  • Counsel to medical professional in federal criminal investigation which resulted in prosecution declinations with no imposition of monetary penalties.
  • Counsel to a medical care provider under investigation by state regulatory body.
  • Managed matters in the crisis arena relating to insurance, corporate accidents and government investigation.

Professional and Civic

  • National Association of Former United States Attorneys, Past President
  • University at Buffalo School of Law, Lecturer on Government Compliance and Corporate Investigations
  • University of Buffalo National Law School Alumni Association, past President
  • New York State Power Authority, past Trustee (New York Governor appointment and State Senate confirmation)
  • Federal Bar Council Foundation, former member of the Board of Directors
  • Food Bank of Western New York, volunteer
  • New York State Bar Association – Committee on Mass Disaster Response, former member
  • Christ the King Parish, Lector

Recognition

  • Best Lawyers, Commercial Litigation – 2021
  • Best Lawyers, Product Liability Litigation – Defendants, since 2016
  • Chambers USA, since 2017
  • Corporate Counsel Go-To Law Firm® Directory, Named by United Technologies in Contracts Litigation
  • Federal Law Enforcement Foundation, Community Service Award
  • Western New York Law Enforcement Chaplaincy Association, Community Service Award
  • Buffalo Law Journal and Buffalo Business First, Buffalo’s Who’s Who in Law, 2012
  • Buffalo Law Journal and Buffalo Business First, Legal Elite of Western New York, 2013
  • Martindale-Hubbell, AV Preeminent peer review rating
  • Super Lawyers, Business Litigation, since 2015

Legal Practices

Business and Commercial Litigation
Cybersecurity Protection and Response
E-Discovery (e-info℠)
Government Compliance and Investigations
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Cannabis
Financial Institutions and Capital Markets
Health Care
Municipalities and Local Agencies
Racing and Gaming

U.S. Court of Appeals, Second Circuit

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

State University of New York at Buffalo School of Law

JD
1988

University of Notre Dame

BBA
1985
Buffalo, NY Office
New York, NY Office
All Blogs, All Insights, Health Care Blog |
 February 1, 2021
NYS Attorney General Report on Underreported Nursing Home Deaths Underscores Importance of Compliance and Preparation
Late last week New York Attorney General Letitia James released a report that found the state Department of Health underreported COVID-19 de...read more
All Insights, All Publications, Covid-19, Legal Alert |
 December 15, 2020
SBA Issues Loan Necessity Questionnaires to PPP Recipients; Signals Next Step in Loan Compliance Investigations
The U.S. Small Business Administration (SBA) has begun to issue loan necessity questionnaires to Payroll Protection Program (PPP) borrowers,...read more
All Insights, All Publications, Covid-19, Legal Alert |
 December 3, 2020
PPP Loan Forgiveness Applications and Increase in Federal Investigations Pose Risks for Small Businesses
A significant part of the March 2020 CARES Act, the federal government’s Paycheck Protection Program (PPP) provided a lifeline for hundreds ...read more
All Blogs, All Insights, Covid-19, Health Care Blog |
 July 8, 2020
Harris Beach and NYSHFA / NYSCAL Host Long-Term Care Investigations Webinar
COVID 19-driven scrutiny from regulators and investigators could put long-term care facilities at risk of having their operating certificate...read more
All Insights, All Publications, Legal Alert |
 June 12, 2020
Repeal of Civil Rights Law 50-a Makes Police Disciplinary Records Public Through FOIL
Municipalities in New York State should be ready to respond to an increased amount of Freedom of Information Law (“FOIL”) requests as a resu...read more
All Insights, All Publications, Covid-19, Legal Alert |
 June 3, 2020
Department Of Justice Issues June 2020 Updated Guidance For Evaluating Corporate Compliance Programs
The Department of Justice has provided further guidance on what they will be looking for in assessing corporate compliance programs. The lat...read more
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(866) 999-0659

Terrance P. Flynn

tflynn@harrisbeach.com
D: (716) 200-5120
Buffalo, NY Office
New York, NY Office
Terrance Flynn
https://harrisbeach.com/people/flynn-terrance-p/

■ Areas of Expertise

Business and Commercial Litigation Legal Practice
Cybersecurity Protection and Response Legal Practice
E-Discovery (e-info℠) Legal Practice
Government Compliance and Investigations Legal Practice
Mass Torts and Industry-Wide Litigation Legal Practice
Product Liability and Comprehensive General Liability Legal Practice
Cannabis Industry Team
Financial Institutions and Capital Markets Industry Team
Health Care Industry Team
Municipalities and Local Agencies Industry Team
Racing and Gaming Industry Team

■ Profile

Terry is the Chairman of the Harris Beach Compensation Committee.

Terry is a former presidentially appointed United States Attorney for the Western District of New York. He represents businesses and individuals across industries in both civil and criminal government investigations which include conducting internal corporate probes and independent monitorships. Terry also litigates on behalf of a diverse array of clients among the Fortune 50 and large privately held companies, including Walmart, Facebook, United Technologies, United/Continental Airlines and the Buffalo Sabres, in such areas as commercial litigation, product liability and personal injury litigation, and government compliance. Terry’s representation of United Technologies resulted in Harris Beach being acknowledged among the Go-To Law Firms® for 2014 in Contracts Litigation as published in Corporate Counsel magazine.

Terry advises clients in complex legal crises involving criminal, civil, regulatory and related public relation matters. He has been engaged by leading companies in the financial, intellectual property, health care, retail, environmental, transportation, life sciences and energy sectors to conduct sensitive regulatory and criminal investigations on international, national and state levels. His knowledge of and relationship with federal, state and local law enforcement enables him to react quickly in order to respond to various crisis situations. Additionally, his federal and state court litigation practice has encompassed such areas as antitrust, trade secrets, environmental contamination, contract disputes, aeronautical, mass tort, and class actions.

Prior to joining Harris Beach, Terry served as the United States Attorney for the Western District of New York from March 2006 to January 2009. In that capacity, he was the chief civil lawyer and criminal prosecutor for the United States and all of its agencies in the 17 county region of the Western District of New York. He oversaw the management of two offices (Buffalo and Rochester) with more than 130 personnel, including 57 attorneys. Specifically, he was responsible for the overall civil affirmative enforcement, civil defense and criminal prosecution of approximately 4,200 cases, encompassing such areas as government compliance/independent monitor, health care fraud, commercial litigation, international trade, white collar fraud, bankruptcy and numerous other civil and criminal matters. During his tenure, the U.S. Attorney's Office for the Western District of New York recovered on behalf of taxpayers over $124 million through both affirmative civil and criminal enforcement of fraud against the U.S. Government.

Prior to his confirmation as the United States Attorney, Terry was a trial lawyer who litigated and tried cases throughout New York state, including the New York City metropolitan area. He represented numerous Fortune 100 and 500 corporations, including, but not limited to, General Motors, Toyota, Ford, Chrysler, Raytheon, Black & Decker, Hertz and Westinghouse.

RECENT PUBLICATIONS + SPEAKING ENGAGEMENT

  • “SBA Issues Loan Necessity Questionnaires to PPP Recipients; Signals Next Step in Loan Compliance Investigations,” Legal Alert, December 2020
  • “PPP Loan Forgiveness Applications and Increase in Federal Investigations Pose Risks for Small Businesses,” Legal Alert, December 2020
  • “Repeal of Civil Rights Law 50-a Makes Police Disciplinary Records Public Through FOIL,” Legal Alert, June 2020
  • “Department Of Justice Issues June 2020 Updated Guidance For Evaluating Corporate Compliance Programs,” Legal Alert, June 2020
  • “Long-Term Care Investigations: Critical Steps To Mitigate Risk and Protect Your Residents, Staff and Reputation,” Podcast / Advisory, June 2020
  • "Department of Justice Creates Task Forces in all 93 U.S. Attorney Districts to Investigate COVID-19 Criminal Activity," Legal Alert, April 2020
  • "Cuomo's Proposed Medicaid Reform Yields Insight for New York State Municipalities, Health Care Providers," Legal Alert, January 2020
  • "Conducting Effective Internal Investigations," DRI-The Voice of the Defense Bar In-House Defense Quarterly, Spring 2019
  • "Internal Investigations: Getting It Right Inside Before You Have To Explain it to Others," at the DRI Business Litigation Super Conference, Austin, TX 2019
  • "Two Executives and Distributor Charged for Unlawfully Distributing Controlled Substances," Legal Alert, May 2019
  • "DOJ Issues Guidelines for Cooperation Credit Specifically as to False Claims Act Matters," Legal Alert, May 2019
  • "DOJ Heightens Focus on Corporate Compliance Programs," Legal Advisory, May 2019
  • "New DOJ Policy to Curb Duplicative Penalties in White Collar Corporate Crime," Legal Advisory, 2018
  • "Conducting Effective Internal Investigations" at the DRI Cybersecurity and Data Privacy Conference, Chicago, 2018
  • "Achieving a Culture of Compliance," Buffalo Law Journal, February 2018
  • Quoted extensively in "More Regulations Mean More Scrutiny," Buffalo Law Journal, December 2017
  • "Two Wrongs Don’t Make a Right! Ethical Concerns when Conducting Internal Investigations," at the DRI Annual Meeting, Chicago, 2017

■ Representative Matters

  • Serving as counsel to a large health services company currently subject to a five year federal court ordered monitor ship pursuant to a Department of Justice investigation and prosecution.
  • Served as the federally appointed Monitor on a multi-year matter brought by the U.S. Department of Justice and U.S. Department of Veteran Affairs over an international company with procurement compliance and regulatory issues.
  • Counsel to Facebook and Mark Zuckerberg in a fraudulent breach of contract action in federal court which culminated in the court’s granting of a motion to dismiss the lawsuit.
  • Lead counsel to Fortune 10 company in multiple multi-year investigations, both domestically and internationally.
  • Trial co-counsel to United/Continental Airlines in a seven week trial involving an airplane crash. The state and federal litigation arising out of the catastrophic airplane crash involved over 45 plaintiffs.
  • Counsel to international company regarding potential FCPA violations which resulted in a favorable resolution.
  • Representation of defendant company in antitrust litigation involving potential class action certification.
  • Lead independent counsel to international client in connection with corporate financial investigation. Managing Harris Beach’s relationship with the client in order to conduct multi-state investigations.
  • Lead counsel to oil and gas company in litigation stemming from a gas explosion which caused significant personal injuries and a fatality. Litigated court proceedings and successfully mediated the lawsuit.
  • Counsel to a major financial services company in an investigation by the New York State Attorney General’s office which resulted in a favorable resolution.
  • Lead counsel to a Fortune 50 company in a multi-year corporate independent monitor investigation which resulted in no charges being filed.
  • Counsel to a major international corporation in trade secret litigation.
  • Counsel to an individual in UBS-Swiss tax fraud case.
  • Counsel to international aeronautical company in litigation involving fatalities arising out of airplane accident.  Successfully achieved dismissal of all claims against the defendant corporation at both the trial and appellate levels.
  • Counsel to company in a consumer fraud investigation commenced by the New York State Attorney General’s office.
  • Regularly retained to represent individuals and/or entities before state and federal grand juries in multiple jurisdictions.
  • Counsel to medical professional in federal criminal investigation which resulted in prosecution declinations with no imposition of monetary penalties.
  • Counsel to a medical care provider under investigation by state regulatory body.
  • Managed matters in the crisis arena relating to insurance, corporate accidents and government investigation.

■ Professional and Civic

  • National Association of Former United States Attorneys, Past President
  • University at Buffalo School of Law, Lecturer on Government Compliance and Corporate Investigations
  • University of Buffalo National Law School Alumni Association, past President
  • New York State Power Authority, past Trustee (New York Governor appointment and State Senate confirmation)
  • Federal Bar Council Foundation, former member of the Board of Directors
  • Food Bank of Western New York, volunteer
  • New York State Bar Association – Committee on Mass Disaster Response, former member
  • Christ the King Parish, Lector

■ Admissions

  • Best Lawyers, Commercial Litigation – 2021
  • Best Lawyers, Product Liability Litigation – Defendants, since 2016
  • Chambers USA, since 2017
  • Corporate Counsel Go-To Law Firm® Directory, Named by United Technologies in Contracts Litigation
  • Federal Law Enforcement Foundation, Community Service Award
  • Western New York Law Enforcement Chaplaincy Association, Community Service Award
  • Buffalo Law Journal and Buffalo Business First, Buffalo’s Who’s Who in Law, 2012
  • Buffalo Law Journal and Buffalo Business First, Legal Elite of Western New York, 2013
  • Martindale-Hubbell, AV Preeminent peer review rating
  • Super Lawyers, Business Litigation, since 2015

■ Education

State University of New York at Buffalo School of Law
 ,JD
 ,1988
University of Notre Dame
 ,BBA
 ,1985

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Sports Law
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of May 16, 2022 7:06 am
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