Zachary D. Rosenbaum Partner and Chair, Global Capital Markets Litigation Group

New York
T 212.204.8690 | F 973.597.6351



Zachary D. Rosenbaum is Chair of Lowenstein Sandler’s Global Capital Markets Litigation Group. He represents the “buy-side,” including asset managers, hedge funds and private equity funds, with a multi-state and international trial practice, focusing on securities and structured finance litigation, M&A disputes, secured and unsecured financing matters and bankruptcy related litigation. He also routinely conducts arbitration proceedings in domestic and cross-border disputes.

Zach has litigated cases involving a wide array of capital markets transactions against virtually all of the major Wall Street banks. In the wake of the 2008 global financial crisis, Zach represented a European institution that managed one of the largest portfolios in the world of subprime, synthetic CDOs, which were the "long" side of The Big Short. He has worked closely with the SEC and other government authorities in their investigations and prosecutions of the misconduct that led to the financial crisis.

Zach was recognized by New York Super Lawyers in 2017, 2016, 2015, 2014, 2013, 2012 and 2011. He was listed by Super Lawyers as a Rising Star a number of years prior. Zach was recognized as "Forty Under 40" by NJBIZ magazine several years ago for his outstanding achievement and commitment to business growth. He is also a founding member of the New York County Bar Association Subcommittee on Capital Markets and Hedge Fund Litigation.

Representative Cases

  • Won $475 million arbitration award on behalf of Chinese insurer in international arbitration venued in Hong Kong relating to $5 billion cross-border M&A transaction.
  • Prosecuted claims on behalf of The Prudential Insurance Company of America against Morgan Stanley for fraudulent misrepresentation and civil RICO involving the creation and sale of over $1 billion of RMBS.
  • Obtained successful jury verdict in defense of a contract action concerning the provision of healthcare services to employees of the State of Tennessee.
  • Won dismissal of a $1.875 billion claim brought in New York by financial guarantor FGIC against client IKB Deutsche Industriebank involving a complex array of credit default swaps and underlying CDO assets.
  • Representing multiple RMBS trustees in trial and appellate courts, both state and federal, concerning several billion dollars in mortgage repurchase claims.
  • Defended claims of ratings fraud in connection with the 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 on behalf of a minority shareholder in a large privately held company.

Speaking Engagements

  • “Hot Topics in Global M&A Disputes: What You Need to Know about Busted Cross-Border Deals,” 2015 Global Law Week, May 14, 2015
  • “ABS Litigation Update”, ABS East 2014 Conference, September 2014
  • "Activist Investing in Structured Products," Lowenstein Sandler Hedge Fund CLE Program, May 7, 2013
  • "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

Press Mentions

Zachary Rosenbaum comments in The Financial Times regarding the distressed energy markets’ impact on banks and investors. , The Financial Times , May 10, 2016
Zachary Rosenbaum commented in Global Capital on Standard & Poor’s $1.37 billion class action settlement with the Department of Justice over the agency’s crisis-era RMBS ratings. , Global Capital , February 3, 2015
Zachary Rosenbaum comments on RMBS "put back" claims. , Structured Finance News , February 2012
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Related Areas

Business Litigation
Corporate Investigations & Integrity
Global Capital Markets Litigation
Investment Management
Litigation
Mortgage Banking and Finance
Trial and Arbitration

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