Caleb Hayes-Deats is an accomplished commercial litigator who has repeatedly secured advantageous outcomes for clients in high-stakes disputes. His practice spans all types of commercial litigation and many different industries. He has tried cases and argued motions in state and federal trial courts. He has also briefed and argued appeals before federal courts of appeals.
Before joining MoloLamken, Mr. Hayes-Deats was an Assistant United States Attorney in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York. As an AUSA, Mr. Hayes-Deats had wins valued at nearly $2 billion in high-profile fraud, tax, and Bank Secrecy Act cases. He secured those wins against some of the nation’s largest financial institutions, such as Wells Fargo, AIG, and US Bank. In 2016, he was part of a team that, after a five-week mortgage-fraud trial, won the 18th largest jury verdict in the country, according to the National Law Journal’s Top 100 Verdicts of 2016. Mr. Hayes-Deats also helped settle high-stakes cases, winning the Department of Justice’s John Marshall Award for Alternative Dispute Resolution.
Mr. Hayes-Deats has taught as a Lecturer in Law at Columbia Law School.
Before working as an AUSA, Mr. Hayes-Deats served as a law clerk to the Honorable Robert A. Katzmann of the United States Court of Appeals for the Second Circuit and to the Honorable Jed S. Rakoff of the United States District Court for the Southern District of New York.
- Represented class of investors that secured $250 million securities fraud settlement against Alibaba (Christine Asia Co., Ltd. v. Ma, No. 15 MD 2631 (S.D.N.Y.))
- Represented power-plant developer pursuing breach of contract claims in a week-long bench trial (Indeck Energy Servs. v. Merced Capital, L.P., No. 652171/2014 (N.Y. Sup. Ct.))
- Defended Medicare Advantage provider network against competitor’s application for injunction prohibiting market entry (Abdou v. DaVita Inc., No. 16 Civ. 2597 (D. Nev.))
- Represented publicly traded business development company pursuing claims under Rules 14a-3 & 14a-9 in connection with a proposed merger (Medley Capital Corp. v. NexPoint Advisors, L.P., No. 19 Civ. 2055 (S.D.N.Y.))
- Represented certificateholders of residential mortgage-backed securities trusts in Article 77 dispute over the distribution of a $2.375 billion settlement fund (In re U.S. Bank, N.A., No. 651625/2018 (N.Y. Sup. Ct.))
- Won a $298.5 million mortgage fraud verdict after a five-week jury trial (United States v. Americus Mortg. Corp., No. 12 Civ. 2676, 2017 WL 4117347 (S.D.N.Y 2017), aff’d sub nom. United States v. Hodge, 933 F.3d 468 (5th Cir. 2019))
- Secured $1.2 billion settlement of mortgage fraud claims against Wells Fargo (United States v. Wells Fargo Bank, N.A., No 12 Civ. 7527 (S.D.N.Y 2015))
- Defended the United States against AIG’s claim for a $306 million refund of taxes and penalties (AIG, Inc. v. United States, No. 09 Civ. 1871 (S.D.N.Y.))
- Secured settlement of first ever assessment by FinCEN against a financial institution’s Chief Compliance Officer (Treasury v. Haider, No. 15 Civ. 1518 (D. Minn))
- Secured $70 million settlement of FinCEN assessment against US Bank for violations of the Bank Secrecy Act (Treasury v. U.S. Bank, N.A., No. 18 Civ. 1358 (S.D.N.Y.))
- Obtained injunction against attorney who promoted tax shelters worth $130 million (United States v. Levine, No. 14 Civ. 4057 (S.D.N.Y.))
- Won summary judgment disallowing a $4 million tax deduction (Partita Partners LLC v. United States, 216 F. Supp. 3d 337 (S.D.N.Y. 2016))
- Litigated a Title VII claim against the N.Y.C. Department of Education for a high school principal’s systematic discrimination against all of the black teachers she supervised (United States v. N.Y.C. Dep’t of Educ., No. 16 Civ. 4291 (S.D.N.Y))
‘Hodge’ Brings Circuits into Alignment on Mortgage Fraud Claims, Nat’l L.J., Oct. 21, 2019
The Trump Row Aside, Here’s How Subpoena Recipients Can Respond Effectively, Nat’l L.J., Aug. 27, 2019 (with Justin Shur & Allison Gorsuch)
Congressional Subpoenas: If the President Can’t Resist Them, Who Can?, Nat’l L.J., Aug. 20, 2019 (with Justin Shur & Allison Gorsuch)
How Broad Is “Scheme” Liability Under Rule 10b-5 Following Lorenzo v. SEC?, ABA Sec. Litig. Prac. Points, Apr. 5, 2019 (with Jessica Ortiz & Michelle Parthum)
The U.S. Supreme Court Case That Could Significantly Expand Civil Liability under the Federal Securities Laws, ABA Sec. Litig., Mar. 6, 2019 (with Jessica Ortiz & Michelle Parthum)
The Little Known Third Option of FIRREA & FIAFEA, ACAMS Today, Mar.-May 2019, at 42.
Revisiting the Right to Fair Warning After Garcia v. Does, 14 First Amend. L. Rev. 182 (2015)
Demonstrators’ Right to Fair Warning, 13 First Amend. L. Rev. 140 (2014)
Talk That Isn’t Cheap: Does the First Amendment Protect Credit Rating Agencies’ Faulty Methodologies from Regulation?, 110 Colum. L. Rev. 1818 (2010)
- 600 New Hampshire Avenue, N.W.Washington, D.C. 20037T: 202.556.2015F: 202.556.2001
- 430 Park AvenueNew York, NY 10022T: 212.607.8153
- Law clerk to the Honorable Robert A. Katzmann, United States Court of Appeals for the Second Circuit
- Law clerk to the Honorable Jed S. Rakoff, United States District Court for the Southern District of New York
Honors & Awards
John Marshall Award for Alternative Dispute Resolution
Council of the Inspectors General on Integrity and Efficiency Award for Excellence
Columbia Law School, J.D.
James Kent & Harlan Fiske Stone Scholar
Articles Editor, Columbia Law Review
University of Chicago, M.A.
Amherst College, B.A., magna cum laude
Bar and Court Admissions
- New York
- United States Court of Appeals for the Second Circuit
- United States District Court for the Southern District of New York
- District of Columbia