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Zachary Rosenbaum co-chairs the firm's Capital Markets Litigation group. He has a multi-state trial practice, focusing on business fraud matters, including securities and structured finance litigation, derivatives litigation, real estate and subprime mortgage lending litigation, secured and unsecured financing matters, and bankruptcy litigation. Mr. Rosenbaum has developed specialty litigating actions on behalf of institutional investors, both foreign and domestic, involving collateralized debt obligations (CDOs) and credit default swaps among other derivative and structured transactions. He also routinely conducts arbitration proceedings in domestic and international disputes. He represents a large number of investment managers, hedge funds and private equity funds, as well as their portfolio companies.
Mr. Rosenbaum was recognized as "Forty under 40" by NJBiz magazine in 2006 for his outstanding achievement and commitment to business growth. Mr. Rosebaum was also named a "Rising Star" by New Jersey Super Lawyers magazine in 2006 and 2007.
Recent Representative Cases
- Representation of a European financial institution in a lawsuit brought in New York by a financial guarantor, stemming from the subprime crisis. The case centers on the guarantor's attempt to rescind a $1.875 billion financial commitment issued in the United Kingdom as loss protection in an off-shore structured vehicle. The matter involves a complex array of credit default swaps and collateralized debt obligations.
- 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.
- Investigating claims stemming from multiple subprime CDO transactions.
- 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
- "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
- "New Jersey’s Finest," NJBiz, Presenter, September 2006
- "National Conference for Community and Justice (NCCJ-NJ), First Annual Essex County Chapter Humanitarian Awards Dinner," Keynote Address, June 2006
- "New Jersey’s 50 Fastest Growing Companies," NJBiz, Presenter, October 2005
- "Civil and Criminal Remedies for Computer Related Crimes and Improprieties," New Jersey Corporation Counsel Association Seminar, June 2001
- "Do Civil Remedies Exist for the Victims of Computer Viruses?" FBI InfraGuard, New Jersey Chapter Presentation, June 2000
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Zachary Rosenbaum discusses litigation arising from subprime CDOs following the onset of default declarations by senior investors.,
Asset Securitization Report, March 10, 2008
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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
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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
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New York Law School
(J.D., 1994),
magna cum laude, The New York Law School Law Review, Editor, 1993-1994
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University of Maryland
(B.S., 1990)
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New Jersey
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New York
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U.S. Supreme Court
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1994,
U.S. District Court, District of New Jersey
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1999,
U.S. District Court, Southern District of New York
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2002,
U.S. District Court, Eastern District of New York
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- Chair, American Conference on Diversity, Essex County, New Jersey Chapter
- Board Member, PAX, Real Solutions to Gun Violence
- Board Member, R Baby Foundation
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