Ross Firsenbaum is a counsel in the firm’s Litigation/Controversy Department, and a member of the Complex Commercial Litigation Group. He joined the firm in 2006.
Practice
Mr. Firsenbaum has a general litigation practice with an emphasis on securities, bankruptcy, and complex commercial litigation. He has represented major investment banks, financial institutions, and individuals in state and federal court litigations, and investigations conducted by the US Attorney’s Office and FINRA. He also has represented a leading molecular diagnostics company and subsidiary of a global consumer products company in international arbitration and federal court litigation.
Recent Highlights
- Representation of various banks, broker-dealers and other institutions in the defense of billions of dollars in fraudulent transfer claims arising out of the Lyondell leveraged buy-out and subsequent Chapter 11 case.
- Obtained the dismissal of a putative securities fraud class action asserting Rule 10b-5 claims against former senior executive officers and directors of a publicly-traded manufacturing company. Gissin v. Endres, 2010 WL 3468508 (S.D.N.Y. Aug. 31, 2010).
- Representation of three subsidiaries of global financial institutions in actions brought by the Chapter 7 Trustee of Suffolk LLC alleging fraudulent transfer and unjust enrichment claims arising out of payments made pursuant to a tender offer to purchase privately-held stock. The United States District Court for the Southern District of New York dismissed the claims on the grounds that Section 546(e) of the United States Bankruptcy Code barred certain of the Trustee’s claims and the Trustee’s remaining claims were otherwise deficient. In re Refco Securities Litigation, 2009 WL 7242548 (S.D.N.Y. Nov. 13, 2009); and 2010 WL 5129072 (S.D.N.Y. Jan. 12, 2010).
- Representation of three global investment banks in an action brought by the Refco Litigation Trustee alleging various state law causes of action. The United States District Court for the Southern District of New York dismissed the claims with prejudice on the grounds that the Litigation Trustee was barred from asserting his claims by the doctrine of in pari delicto. Kirschner v. Grant Thornton LLP, et al, 2009 WL 996417 (S.D.N.Y. Apr. 14, 2009), aff’d Kirschner v. KPMG LLP, et al, 626 F.3d 673 (2d Cir. 2010).
- Pro Bono representation of Dewey R. Bozella, resulting in Mr. Bozella’s release after serving 26 years in New York state prison for a 1977 murder in Poughkeepsie, New York, a crime for which he was wrongfully convicted. Mr. Firsenbaum led a team of attorneys during a two-year investigation that uncovered four pieces of exculpatory evidence, all more than 30 years old, that was never disclosed by the prosecution. On October 14, 2009, state Supreme Court Justice James T. Rooney ruled that Mr. Bozella was wrongfully convicted due to the Dutchess County District Attorney’s violation of Mr. Bozella’s constitutional rights. People v. Bozella, 2009 WL 3364575 (N.Y. Co. Ct. Oct. 14, 2009); NYLJ, Oct. 22, 2009, at 1. On October 28, 2009, Mr. Bozella was released from state custody. New York Times, Oct. 29, 2009, at A-21.
- Representation of a leading molecular diagnostics company in an international arbitration brought by a competitor alleging breach of contract and tortuous interference with a contract, in which the competitor sought both a permanent injunction as well as more than $60 million in damages. Following a 10-day evidentiary hearing, a three-member panel of the International Centre for Dispute Resolution rejected the competitor’s claims and awarded attorneys’ fees and costs to the company.
- Representation of the underwriting syndicate in a securities class action challenging prospectus disclosures in the Refco 144A private placement and initial public offering of Refco stock. The United States District Court for the Southern District of New York dismissed certain claims on the grounds that the Securities Act of 1933 did not apply to Rule 144A private placements. In re Refco, Inc. Securities Litigation, 503 F. Supp. 2d 611 (S.D.N.Y. Apr. 30, 2007); and 2008 WL 3843343 (S.D.N.Y. Aug. 14, 2008).
Honors and Awards
Recipient of the New York State Association of Criminal Defense Lawyers’ 2010 Gideon Champion of Justice Award for the pro bono representation of Dewey Bozella, which resulted in Mr. Bozella’s release after serving 26 years in prison for a murder for which he was wrongfully convicted.
