Mr. Kirschbaum has been litigating in the federal and state courts in New York and throughout the country for over 30 years with an emphasis on securities, derivatives, antitrust, corporate, bankruptcy, tax and insurance-related litigation. Mr. Kirschbaum has represented issuers, officers, directors, and major shareholders in securities fraud, shareholder derivative, and RICO actions; has represented major corporations in a variety of commercial disputes, including contested takeovers and actions under the antitrust laws; and has represented debtors, creditors and other parties in adversary proceedings in the Bankruptcy Courts regarding complex transactions and other bankruptcy and non-bankruptcy related matters. He has also counseled boards of directors and committees of various boards concerning the conduct of internal investigations and has counseled major law firms on professional ethics and professional responsibility matters. He has handled every aspect of litigation, including trying various complex cases to successful jury and non-jury verdicts and defending such verdicts on appeal.
Representative Matters
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Representation of major hedge fund in litigation concerning a $2.55 billion equity investment in Chapter 11 debtor.
- Representation of leading pharmaceutical company in multidistrict panel and other antitrust actions concerning potential generic competition with various pioneer drugs.
- Represented successful acquiring company in litigation involving largest United States contested takeover in history.
- Represented United States target company in successful bankruptcy-related litigation to recover damages from potential foreign acquiring company for its failure to close due to its inability to obtain United States Government security approvals for the transaction.
- Represented major insurance carrier in successful litigation and arbitration, involving proceedings in the United States and Japan, regarding sale of its property and casualty insurance business to The Tokio Marine and Fire Insurance Company, Ltd.
- Represented major oil companies in successful litigation related to nationalization of their assets in Ecuador.
- Represented insurance group in successful litigation to prevent Exxon from utilizing United States courts to resolve dispute already pending in Venezuela.
- Represented major financial services holding company in successful defense of securities, RICO and other claims arising from the failure of its partly-owned insurance subsidiary.
- Represented the owner of the New York & Harlem Railroad and Grand Central Terminal in successful merger and subsequent appraisal proceedings setting value of minority shares.
- Represented various corporations in IRS, class action and private litigation proceedings involving Corporate Owned Life Insurance (COLI).