Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About

Trending Topics

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni

    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor & Employment
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations

    Industries

    View All

    • Cannabis
    • Consumer
    • Energy
    • Entertainment
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Non Profit
    • Real Estate
    • Technology

    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    1. Home
    2. People
    3. S Amy SpencerPeople
    1. Home
    2. People
    3. S Amy SpencerPeople

    S. Amy Spencer

    Counsel


    • Manchester, Boston
    • Office603.628.4019
    • aspencer@nixonpeabody.com
    • Download vCard
    • LinkedIn Profile

    Introduction

    Amy Spencer is a member of the Government Investigations & White Collar Defense practice group and the Higher Education team. She represents organizations and individuals in investigations, regulatory inquiries, and complex criminal and civil cases involving securities and financial fraud, Title IX, NCAA compliance, election law, and other federal and state law matters.

    Practice Areas

    Government Investigations & White Collar DefenseLitigationComplex DisputesLife Sciences & Healthcare Compliance and InvestigationsState Attorneys GeneralFalse Claims Act & Qui Tam MattersFinancial Institution InvestigationsForeign Corrupt Practices Act (FCPA)Securities & Governance LitigationCybersecurity & PrivacyAppellateClass Actions & Aggregate LitigationEntertainment and Media

    Industries

    Financial ServicesHealthcareHigher Education

    My focus

    I represent organizations and individuals involved in federal, state, and administrative criminal, civil, and regulatory investigations, inquiries, and proceedings, and in complex criminal and civil litigation. I conduct internal investigations and have helped clients successfully navigate criminal and regulatory investigations. By listening to my clients and vigorously investigating the relevant facts, I have secured non-prosecution agreements for clients under federal and state investigation and negotiated favorable plea agreements and settlements that avoid or resolve issues without protracted public court proceedings.

    My work includes representing organizations and individuals in matters involving mail and wire fraud, securities fraud, bank fraud, Medicare and Medicaid fraud, money laundering, cybersecurity, identity theft, campaign finance and election law, civil rights and discrimination, consumer protection, complex commercial disputes, sex offenses, RICO, the FCA, the Stark Law and the Anti-Kickback Statute, HIPAA, ITAR and EAR, the FCPA, and other federal and state laws, at every stage of the process, from the initial contact through final appeal.

    A significant portion of my civil practice involves representing and advising educational institutions, faculty, and staff, in matters involving Title IX, other disciplinary proceedings, academic misconduct, employment, civil rights—including special education—NCAA and secondary athletic compliance, and the emerging field of Name, Image, and Likeness (NIL).

    I have also successfully negotiated the settlement of numerous coordinated cases pending in various state and federal courts, including many cases consolidated in a nationwide multidistrict litigation.

    In addition, I work to vindicate clients’ due process, First Amendment, and voting rights. I was part of the team that successfully challenged Senate Bill 3, a law that sought to complicate the New Hampshire voter registration process, resulting in the trial court issuing a preliminary and permanent injunction and the New Hampshire Supreme Court ultimately striking the law as unconstitutional.

    Prior to joining Nixon Peabody, I served as a law clerk for the Honorable Steven J. McAuliffe of the United States District Court for the District of New Hampshire, the Honorable Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit, the Honorable John E. Sprizzo of the United States District Court for the Southern District of New York, and the Honorable Kevin Thomas Duffy of the United States District Court for the Southern District of New York. Most recently, I was a partner at a regional law firm in New Hampshire, and previously worked as a litigation associate at a large international law firm and a midsize national law firm in New York.

    Representative experience

    Below representative experience includes engagements and representations from prior firms.

    I have achieved numerous positive outcomes for my clients in cases spanning the full spectrum of my practice, including:

    • Successfully appealed a client’s federal criminal conviction to the United States Court of Appeals for the First Circuit, which reversed his conviction because the Government failed to present sufficient evidence from which a reasonable jury could find guilt beyond a reasonable doubt, United States v. Pothier; 919 F.3d 143 (1st Cir. 2019) (oral argument available at https://www.ca1.uscourts.gov/sites/ca1/files/oralargs/18-1561_20190306-0934_01d4d3ffd3202f1-0.mp3) 
    • Represented a Fortune 200 financial institution and several executives and employees in a state criminal wiretap investigation resulting in no criminal or civil charges and in the ensuing civil employment action resulting in a confidential low-dollar settlement.
    • Represent an individual in a high profile federal criminal investigation involving unprecedented allegations of campaign finance and election law violations.
    • Represent an academic physician in multiple state and federal matters, including in a national multidistrict litigation and as a witness in a federal bankruptcy adversary proceeding involving a major pharmaceutical company.
    • Worked on a team that represented a life insurance premium finance company in a wide-ranging federal criminal investigation resulting in a non-prosecution agreement.
    • Represented a global turbomachinery development and manufacturing company in responding to a federal subpoena seeking sensitive and protected information.
    • Represented a United States citizen living abroad in a federal criminal investigation involving allegations of mail and wire fraud, bank fraud, and identity theft resulting in a non-prosecution agreement.
    • Worked on a team that represented a Global 500 financial institution in multiple federal and state securities fraud investigations related to the residential mortgage backed securities offerings. 
    • Worked on a team that represented a Fortune 500 financial institution in multiple matters in state and federal court involving allegations of mortgage fraud.
    • Represented healthcare providers, medical practices, and medical device companies in criminal, civil, and regulatory investigations, including resolving pre-charge a federal inquiry involving FCA, Controlled Substances Act, and Medicare and Medicaid fraud.
    • Represented healthcare providers and medical practices in inquiries involving allegations of Stark, Anti-Kickback, and HIPAA violations. 
    • Represented healthcare providers in inquiries and adversary proceedings conducted by various state regulatory boards.
    • Drafted Title IX and other school disciplinary policies and counseled and advised regarding implementation of the same.
    • Advised an independent school through several Title IX investigations and other disciplinary and employment matters.
    • Represented NCAA student-athletes, medical students, and others in federal court challenging disciplinary actions, including expulsions, suspensions, and removal from all team activities, on the bases of race discrimination, sex discrimination, including same-sex discrimination, and breach of contract. 
    • Represented NCAA student-athletes in an internal investigation of an authority figure conducted by the institution and outside counsel.
    • Represented an ROTC and honors student in a university Title IX matter resulting in a finding of not responsible.
    • Represented individuals, including faculty and NCAA coaches, in employment and academic misconduct matters.
    • Represent a former member of the New Hampshire National Guard challenging his wrongful conviction in federal court and seeking his exoneration. 
    • Represent clients in civil and criminal appeals before the New Hampshire Supreme Court.
    • Represented an individual in a federal criminal trial, on appeal, and in filing a petition for certiorari in the United States Supreme Court.
    • Served as court-appointed pro bono counsel representing an incarcerated individual in a federal civil rights case alleging federal and state constitutional and statutory claims involving police misconduct and resolving the same on confidential favorable terms.
    • Worked on a team that successfully challenged Senate Bill 3, a law that sought to complicate the New Hampshire voter registration process, resulting in the trial court issuing a preliminary and permanent injunction and the New Hampshire Supreme Court ultimately striking the law as unconstitutional.
     

    Looking ahead

    The Department of Justice has expressly stated it intends to increase its civil and criminal enforcement, in connection with other federal and state law enforcement agencies and regulatory bodies, in several high-priority areas, such as financial fraud and corporate compliance; public and corporate corruption, foreign and domestic; COVID-19 pandemic fraud; campaign finance and election fraud; and cybersecurity, among other areas. I expect this commitment to increased enforcement to continue in the foreseeable future.

    In the education context, the continually shifting Title IX landscape and evolving regulations will continue to pose complicated issues for educational institutions, students, and faculty, alike. Further, issues relating to NCAA compliance, especially with the addition and evolution of the Transfer Portal and NIL, will only become more complex and prevalent. Lastly, in light of the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199 (June 29, 2023), issues related to diversity, equity, and inclusion will be front and center, and schools will need to develop strategies and policies to ensure they are in compliance with the law.

    In the news

    • Massachusetts Lawyers Weekly

      People in the law

      This roundup article of recent legal industry moves in the region includes Manchester Government Investigations & White-Collar Defense counsel Amy Spencer’s arrival to the firm, noting that she is also a member of the firm’s Higher Education team and is licensed to practice in Massachusetts.

      Sep 1, 2023
    • New Hampshire Business Review

      Legal briefs

      This article covering legal news from around New Hampshire includes the arrival of Manchester Government Investigations & White-Collar Defense counsel Amy Spencer.

      July 20, 2023

    Admitted to practice

    New Hampshire
    Massachusetts
    New York
    California
    U.S. District Court, District of New Hampshire
    U.S. District Court, Southern District of New York
    U.S. District Court, Eastern District of New York
    U.S. District Court, Western District of Texas
    U.S. Court of Appeals, First Circuit
    U.S. Court of Appeals, Fifth Circuit

    Education

    Loyola Law School, Los Angeles, J.D., summa cum laude; Order of the Coif; William T. Aggeler Award recipient; Chief Symposium Editor, Loyola of Los Angeles Law Review
    Columbia College of Columbia University, B.A.

    Professional activities

    • Chair, Federal Practice Section, New Hampshire Bar Association
    • Member, Federal Court Advisory Committee for the United States District Court for the District of New Hampshire
    • Member, New Hampshire Women’s Bar Association
    • Member, New Hampshire Association of Criminal Defense Lawyers
    • Former member, Town of Pelham, New Hampshire Board of Selectmen
    • Founder and former member, Pelham Youth Council
    • Former member, Town of Pelham, New Hampshire Budget Committee 

    Recognition

    • United States District Court, District of New Hampshire, Pro Bono Honor Roll
    • New Hampshire Association for Justice, Granite State Advocate Award (co-award winner) 
    • New Hampshire House Democrats, Defenders of Democracy Award (co-award winner)

    Pro bono services

    Amy has significant experience representing individuals and nonprofit organizations in criminal and civil matters on a pro bono basis, including representation in habeas cases, civil rights litigation, and employment matters. Most recently, she accepted an appointment by the United States District Court for the District of New Hampshire to represent a client pro bono in a 42 U.S.C. § 1983 case alleging federal and state constitutional and statutory claims involving significant allegations of widespread police misconduct. Amy helped her client resolve the matter to his satisfaction, setting him on a path to success outside the prison walls.

    Insights And Happenings

    View All
    • Alert

      Federal Court hears oral arguments in college athlete NIL case

      Sep 27, 2023
    • Alert

      Ninth Circuit declines to extend “school-sponsored speech doctrine” to higher ed

      Aug 8, 2023
    • Press Release

      Experienced government investigations attorney S. Amy Spencer joins Nixon Peabody

      July 18, 2023
    View All

    Professionals in the Practice Area

    View All
    • Robert Fisher

      Partner / Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:617.345.1335
      • rfisher@nixonpeabody.com
      Robert Fisher
    • Hannah Bornstein

      Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:+1 617.345.1217
      • hbornstein@nixonpeabody.com
      Hannah Bornstein
    • Brian T. Kelly

      Partner
      • Boston
      • Office:617.345.1065
      • bkelly@nixonpeabody.com
      Brian T. Kelly
    • John Sandweg

      Partner
      • Washington DC
      • Office:202.585.8189
      • jsandweg@nixonpeabody.com
      John Sandweg
    • David A. Vicinanzo

      Partner
      • Boston
      • Office:617.345.1177
      • dvicinanzo@nixonpeabody.com
      David A. Vicinanzo
    View All

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • © 2023 Nixon Peabody. All rights reserved
    • Privacy Policy
    • Terms of Use
    • Statement of Client Rights
    • Supplier Diversity Program
    • Nixon Peabody International LLC
    • PAL