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Robert C. Boneberg draws upon broad experience in representing the firm’s commercial litigation clients. He has appeared as trial and appellate counsel in state and Federal courts and has appeared before AAA, FINRA, and Real Estate Board of New York arbitration panels. Mr. Boneberg has practiced in numerous areas of law, including: capital market transactions, director and officer liability, securities, fraud, contracts, partnership rights, insurance coverage, bankruptcy, real estate, construction, employment discrimination, franchises, intellectual property, legal malpractice, mental incompetency, product liability, defamation, and toxic torts. He has served as a court appointed neutral in the mediation program of the Supreme Court, New York County, Commercial Division. Mr. Boneberg was the Chair of the firm’s Pro Bono Committee from 2004-2007 and is presently Vice Chair of that Committee.
Mr. Boneberg is the Immediate Past Chair of the Board of Free the Slaves, a not-for-profit organization dedicated to the eradication of slavery and is a member of the Board of the Cornelia de Lange Syndrome Foundation, which supports and helps families and individuals touched by that rare syndrome. Before becoming an attorney, Mr. Boneberg, among other things, worked as a street gang social worker and as a senior legislative assistant to the Buffalo, New York, Common Council.
Mr. Boneberg's hobbies include collecting historical documents. One of his favorites from his collection may be seen here.
Representative cases from Mr. Boneberg's career include:
Director Liability:
- Serio v Rhulen ( Sup. Ct., Alb. County) - Successfully represented 15 directors and officers of a NY based insurance company that is in rehabilitation under the NY Insurance Law. The Rehabilitator sought damages of approximately $380 million alleging that the defendants breached their fiduciary duties of due care and loyalty to the company.
Capital Markets:
- Orix Financial Corp. v SN Lender Agent (Sup. Ct., NY County) - Successfully represented lenders' agent in an $85 million loan syndication in breach of contract action brought by minority lenders concerning foreclosure sale of debtor company.
- Bayview Financial v Citigroup ( Sup. Ct., NY County) - Successfully represented the plaintiff in a declaratory judgment action arising out of a purported default in a $65 million repo transaction.
- International Association of Machinists v Northwest Airlines ( Sup. Ct., NY County) - Successfully represented the plaintiff in obtaining a $200 million judgment in action for breach of contract arising from a put of preferred stock that secured financing to the defendant.
- Deutsche Bank v Frontier Insurance Group ( Sup. Ct., NY County) - Successfully represented the defendant in an action to recover the $75 million balance on a $150 million credit facility.
- Steinhardt Group v Citicorp ( Sup. Ct., NY County) - Successfully represented the plaintiff in a fraud action arising out of the sale of $45 million in pooled mortgage interests.
Fraud:
- Frontier Insurance Group Securities Litigation (S.D.N.Y.) - Successfully represented defendants with respect to partial failure of settlement of securities class action lawsuit.
- Tomoka Re Holdings v Frontier Insurance Group (S.D.N.Y.) - Successfully represented defendants in multi-million dollar fraud action arising from sale of insurance company subsidiary.
- DeRossi v Rubenstein ( Sup. Ct., NY County) - Successfully represented defendant in fraud action arising out of real estate syndication.
Real Estate:
- Trieste Group v Ark Fifth Avenue Corp. (Sup. Ct., NY County) -Successfully represented public corporation in landlord/tenant dispute concerning alleged failure to extend its lease for its corporate headquarters.
- Carter v Helmsley Spear, Inc. (S.D.N.Y., 2d Cir., Sup. Ct.) - Successfully represented defendant/ building owner in leading case interpreting the Visual Artists Rights Act. Judgment granting injunctive relief to plaintiffs was reversed by Second Circuit and a writ of certiorari was denied by U.S. Supreme Court.
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In his article "Dare to be Dumb" on Directorship.com, Robert Boneberg explains how corporate boards can recognize and avoid risks that could potentially result in catastrophic consequences.,
Directorship.com, September 21, 2011
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New York Law School
(J.D., 1983),
magna cum laude, Note and Comment Editor, New York Law School Journal of International and Comparative Law
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State University of New York at Buffalo
(M.S.W., 1976)
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State University of New York at Geneseo
(B.A., 1973)
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New York
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New Jersey
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1985,
U.S. District Court, Southern District of New York
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1985,
U.S. District Court, Eastern District of New York
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1995,
U.S. Court of Appeals, Second Circuit
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1996,
U.S. Supreme Court
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- American Bar Association
- New York State Bar Association
- International Law and Practice Section
- Committee on International Human Rights, Chair, (1989-1992, 1996-1998)
- New Jersey State Bar Association
- Pro Bono Committee (2007 - 2010)
- The Association of the Bar of the City of New York
- Committee on International Human Rights (1991 - 1994)
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