Zachary D. Rosenbaum Partner

New York
T 212.204.8690 | F 973.597.6351



Zachary Rosenbaum chairs the firm's Capital Markets Litigation group. He has a multi-state and international trial practice, focusing on securities and structured finance litigation, derivatives litigation, mortgage lending litigation, secured and unsecured financing matters, and bankruptcy litigation. Zachary has developed a specialty in litigating actions on behalf of institutional investors, both foreign and domestic, involving residential mortgage-backed securities (RMBS) and collateralized debt obligations (CDOs), and other structured products and derivatives. He also routinely conducts arbitration proceedings in domestic and international disputes. He represents a number of financial institutions as well as investment managers, hedge funds and private equity funds. 

Zachary was recognized by New York Super Lawyers in 2012 and 2011.  He was listed by Super Lawyers as a Rising Star a number of years prior.  Zachary was featured on National Public Radio (NPR) in a segment about securities fraud actions in the wake of the global financial crisis and bond insurer MBIA's $5.7 billion suit against Merrill Lynch. He was recognized as "Forty Under 40" by NJBiz magazine in 2006 for his outstanding achievement and commitment to business growth.

Recent Representative Cases

  • Won dismissal of a $1.875 billion claim brought in New York by financial guarantor FGIC against client IKB Deutsche Industriebank. FGIC was attempting to rescind a financial commitment issued in the United Kingdom as loss protection to a structured vehicle; the matter involved a complex array of credit default swaps and underlying CDO assets.
  • Representing $600 million RMBS trust in pursuit of mortgage put-back claims.
  • Defended claims of ratings fraud in connection with the 2007 launch of a $2 billion structured investment vehicle (SIV).
  • Defeated arbitration claim brought against institutional investors by an international investment bank stemming from three contemplated CDO transactions, totaling $1.5 billion, clearing the way for a substantial damage claim prosecuted in the New York Supreme Court.
  • Representation of CDO noteholders regarding the collateral manager's and trustee's interpretation of the Indenture's waterfall provision.
  • Defeated claims brought against investment fund, which arose from a $60 million loan transaction.
  • Jury trial successfully prosecuted in the Southern District of New York on behalf of a minority shareholder in a large privately held company.  

Speaking Engagements

  • "Litigation Update," ABS East Conference 2012, October 2012
  • Federal Bar Council, RMBS Panel, moderated by Hon. Jed S. Rakoff, U.S.D.J., August 15, 2012
  • "Effectively Managing Increased Litigation and Enforcement," ABS East Conference 2011, October 2011 
  • "Challenges Facing Trustees in the Default and Enforcement Process," Global ABS 2011 Conference, June 2011
  • "The Aftermath of the Financial Crisis: Part 3 - The International Credit Crisis and CDO Litigation:  The View from the SEC and the Banks," American Bar Association's Section of International Law 2011 Spring Meeting, April 2011
  • "Effectively Managing Increased Litigation and Enforcement," ABS East Conference, October 2010
  • "Investor Rights and the Importance of Proper Documentation," Global ABS 2010 Conference, June 2010
  • "Strategies for Investors, Issuers and Trustees to Pursue and Defend CDO Claims," Collateralized Debt Obligation Litigation on the Rise Webinar, March 18, 2010
  • "Effectively Managing Increased Litigation and Enforcement," IMN ABS East Conference, October 2009
  • "Recent Judicial Developments Affecting Subprime and Structured Finance Litigation," IQPC, Co-Chair, Subprime and Structured Finance Litigation Conference, November 2008
  • "Debating the Future of the CDO," IQPC, The Subprime Mortgage Crisis Summit, February 2008
  • "CDO Due Diligence," IncreMental Advantage, Hedge Fund Due Diligence Seminar, October 2007
  • "American Conference on Diversity, Humanitarian Awards Dinner," Keynote Address, June 2007
  • "National Conference for Community and Justice (NCCJ-NJ), First Annual Essex County Chapter Humanitarian Awards Dinner," Keynote Address, June 2006

Publications

Capital Markets Litigation Client Alert: Court Order Permits Discovery Regarding BofA $8.5 Billion RMBS Settlement
Capital Markets Litigation Client Alert, August 2011
Zachary Rosenbaum, Donald Corbett, Jonathan Wishnia
Capital Markets Litigation Client Alert: BofA Settlement Information
Capital Markets Litigation Client Alert, July 1, 2011
Zachary Rosenbaum, Donald Corbett, Jonathan Wishnia
Recovering From The Subprime Crisis: Is a Rating Merely an Opinion?
The Metropolitan Corporate Counsel, March 2008
Zachary Rosenbaum
View More...

Press Mentions

Zachary Rosenbaum comments on RMBS "put back" claims., Structured Finance News , February 2012
Zachary Rosenbaum comments on investors' frustration regarding the unwillingness of some RMBS trustees to investigate and pursue mortgage "put-back" claims., Global ABS Daily , June 14, 2011
Zachary Rosenbaum comments on securities fraud and bond insurer MBIA's suit against Merrill Lynch., National Public Radio (NPR) , May 13, 2009
Zachary Rosenbaum is highlighted for winning the dismissal of a $1.875 billion claim stemming from a complex structured transaction centered in Europe., The AmLaw Daily , January 13, 2009
Zachary Rosenbaum comments on hedge funds' increased willingness to sue prime brokers for losses realized during the current economic downturn., IDDMagazine.com , November 17, 2008
Zachary Rosenbaum comments on AIG's plans to remedy its financial instability created through credit default swap positions., Forbes.com , November 15, 2008
In an article about the rise of structured finance disputes, Zachary Rosenbaum discusses the possible increase in claims alleging fraud, misrepresentation and breach of representations., Asset Securitization Report , November 3, 2008
Zachary Rosenbaum discusses credit default swap disputes amid the rise in structured finance litigation., Asset Securitization Report , November 3, 2008
Zachary Rosenbaum discusses litigation arising from subprime CDOs following the onset of default declarations by senior investors., Asset Securitization Report , March 10, 2008
Zachary Rosenbaum comments on the legal implications of the subprime crisis, including the likelihood of increased litigation by fund and foreign institutional investors., New Jersey Lawyer , February 25, 2008
Zachary D. Rosenbaum, featured for his representation as litigation counsel to the unsecured creditors in the Interstate Bakeries Corp. bankruptcy case, discusses a potential roadblock in the bidding process., The Kansas City Star , November 30, 2007
Zachary D. Rosenbaum, Chapter Chair, comments on the value of an exchange program between urban and suburban high schools led by the American Conference on Diversity., The Star Ledger , November 25, 2007
Zachary D. Rosenbaum discusses implications of a recent lawsuit brought by Russian authorities against the Bank of New York alleging illegal money transfers., Compliance Week , August 7, 2007
Zachary D. Rosenbaum discusses New Jersey governmental authority over public land redevelopment in the state's use of eminent domain., New Jersey Business , January 1, 2007

Related Areas

Capital Markets Litigation
Commercial & Business Litigation
Global Financial Crisis Group
Investment Management
Litigation
Mortgage Banking & Finance
White Collar Criminal Defense

Education


New York Law School (J.D., 1994) , magna cum laude, The New York Law School Law Review, Editor, 1993-1994
University of Maryland (B.S., 1990)

Bar Admissions


New York
New Jersey
U.S. Supreme Court

Court Admissions


U.S. District Court, District of New Jersey
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York

Affiliations


  • Founding Chair, American Conference on Diversity, Essex County, New Jersey Chapter
  • Board Member, PAX, Real Solutions to Gun Violence
  • Board Member, R Baby Foundation