Robert M. Abrahams

Robert M. Abrahams, a partner in the New York office and co-chair of the Litigation Group, concentrates his practice in complex commercial litigation, including securities, real estate, employment, derivative actions, trusts and estates, partnership disputes, and director and officer liability matters. Bob’s many significant representations include his recent successful defense at trial of a $500 million derivative action; serving as counsel to directors and officers of a publicly held corporation in a derivative action alleging option backdating and in a related SEC investigation; and representing a major interdealer broker in numerous regulatory investigations, arbitrations and civil litigations, including a pending federal court case and FINRA arbitration in which our clients allege losses exceeding $1 billion. Bob has tried more than 100 civil cases and arbitrations.

Listed in Who’s Who in America, Who’s Who in the World, New York Super Lawyers and Best Lawyers in America, Bob is a longstanding member of the Trial Practice Committee of the Litigation Section of the American Bar Association, and has served on the Trial Practice and Real Property Sections of the New York State Bar Association, as well as on that organization’s Task Force on Foreclosure Reform. Bob is a New York Bar Foundation Fellow and a member of the Mediation Panel of the United States District Court for the Southern District of New York. He recently served as an arbitrator appointed by the International Chamber of Commerce. Bob is the author of the “Commercial Real Estate” chapter of Business and Commercial Litigation in the Federal Courts (West Publishing, 2008) and the “Document Discovery” chapter of Commercial Litigation in New York State Courts (West Publishing, 2010). He received his B.A. from Hobart College and his J.D., with distinction, from Hofstra University School of Law, where he was editor-in-chief of the Hofstra Law Review.

Selected Representations

Securities/General Commercial
Successfully defended $500 million derivative action against director and officer defendants in four-week trial; successfully defended appeal. Syndicated Communication Venture Partners IV, L.P. v. Baystar Capital, L.P. et al. (2006).

Served as counsel to directors and officers of publicly held corporation in New York derivative action alleging option backdating; counsel to individuals in related SEC investigation.

Since 1995, has represented major interdealer broker in regulatory investigations, arbitrations and civil litigation; current cases include $1 billion case in federal court and before FINRA.

Appointed as arbitrator in $100 million+ dispute before International Chamber of Commerce (2010).

Represents and counsels numerous lenders on bankruptcy, lender liability and other matters; obtained $100 million judgments on behalf of lenders; has successfully tried and defeated lender liability claims.

Served as counsel to managing members of several multi-billion dollar hedge funds and investment managers in partnership disputes and accounting proceedings.

Successfully defended major securities firm against $50 million arbitration claim and recovered significant award on counterclaim.

Successfully defended major U.S. law firm against RICO and breach of fiduciary duty claims. Coliseum Holdings v. Thelen Reid & Priest, LLP, 295 A.D. 2d 252 (1st Dep't 2002).

Served as co-lead counsel for attorney defendants in massive securities class action. In re Washington Public Power Supply System Securities Litigation.

Successfully prosecuted first civil RICO case in the United States; after trial collected treble damages and attorney's fees.

Served as counsel to Princeton/Newport Partners in defense of first major RICO forfeiture brought against a securities firm.

Served as counsel to major foreign film companies in U.S. litigation involving intellectual property, distribution rights and M&A disputes.

Successfully defended and prosecuted Lanham Act/Trademark infringement cases, including defense victory after trial. Haven Capital Management, Inc. v. Havens Partners, et al. (S.D.N.Y.).

Served as lead counsel to defendant underwriters and investment advisors in two securities class actions. Hahn v. Investors Trust Government Fund (S.D. Cal.) and Gould v. Harris (C.D. Cal.).

Represented major securities firms in numerous arbitrations before the NYSE and NASD (now FINRA).

Represented several major broker-dealers in SEC, NASD and NYSE investigations and proceedings.

Real Estate
Counsels numerous real estate lenders on bankruptcy, lender liability and other matters.

Has counseled numerous major real estate industry entities, including both developers and lenders such as Tishman Speyer Properties, Acadia Realty Trust, The Georgetown Company and The Municipal Art Society.

Served as counsel to ground lessors and lessees in “rent reset” proceedings for significant New York properties.

Served as counsel to trustee appointed by U.S. District Court to liquidate $500 million real estate holdings of RICO defendant.

Other cases include:

Successfully defeated brokerage claim on $1 billion sale of major New York office tower. GFC Capital Group LLC v. Monday Properties Investments, LLC (2010).

Successfully represented commercial landlord in widely publicized claim against “Hot 97” radio station for security breaches and private nuisance. The New York City District Counsel of Carpenters Pension Fund v. Emmis Broadcasting Corporation of New York (2006).

Defeated claims by commercial tenant, and obtained attorneys fees for owner. Duane Reade v. 405 Lexington L.L.C. N.Y.L.J. 11/5/04 at p. 18 col. 1, aff'd 800 N.Y.S. 2d 664 (1st Dep't 2005).

Defeated attempt by tenant to enjoin installation of security systems. Cipriani Fifth Avenue, L.L.C. v. RCPI Trust, et al N.Y.L.J. 5/20/04 at p. 20 col. 1.

Obtained preliminary injunction and prevailed at trial for lessee owned by The Municipal Art Society. 457 Madison Avenue Corp. v. Amedeo Hotels Limited Partnership (S.D.N.Y., 2004). 

Obtained $77 million judgment on behalf of secured lender and defeated lender-liability claims. Citibank N.A. v. Nyland (CF8) Ltd. 878 F.2d 620 (2d Cir. 1989).

Obtained $150 million judgment on behalf of secured lender after trial, defeating lender-liability claims. Howard Savings Bank v. Lefcon Realty Inc. 

Trusts and Estates
Counsels executors, beneficiaries, trustees and other parties in major trusts and estates matters; currently litigating several active cases before New York County Surrogates Court. 

Successful trial and appeal of contested guardianship proceeding in Supreme Court, New York County and resolution of parallel accounting proceeding in Surrogate’s Court. In re Anonymous, 41 A.D. 3d 346 (2009).

Successfully defended inter vivos gift to charitable foundation. Rudolph Nureyev Dance Foundation v. Noureeva-Francois, 7 F. Supp. 2d 402. 

Representation of JPMorgan Chase as executor of estate of murdered investment broker. Estate of R. Theodore Ammon.

Successfully defended executor/beneficiary against breach of fiduciary duty claims. Chasanoff v. Perlberg, N.Y.L.J. at p. 25, col. 1; aff'd 19 A.D. 2d 635 (2d Dep't 2005).

Represented numerous trustees of significant testamentary and inter vivos trusts in accounting proceedings.

Selected Publications

Selected Speaking Engagements

Memberships

Professional
American Bar Association Litigation Section
    Trial Practice Committee, 1984-present
New York State Bar Association
    Trial Practice Section
    Real Property Section
    Task Force on Foreclosure Reform 
Civic
Village of Thomaston, New York
    Chairman, Board of Zoning Appeals, 1982-97
Member, Mediation Panel, United States District Court for the Southern
    District of New York, 1998-present

Other Distinctions

Who's Who in America, 2006-present
Who's Who in the World, 2008-present
New York Super Lawyers, 2006-present
Best Lawyers in America, 2009-present
Fellow, The New York Bar Foundation

Bar Admissions

• New York

Court Admissions

• U.S. Tax Court 2003
• U.S. Court of Appeals, Third Circuit 1984
• U.S. Court of Appeals, Second Circuit 1980
• U.S. Supreme Court 1980
• U.S. District Court, Southern District of New York 1977
• U.S. District Court, Eastern District of New York 1977

Education

Prior Experience

Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1976-80