S. Amy Spencer

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.