Attorneys

Richard F. Lubarsky Partner

Richard Lubarsky has been practicing commercial litigation for more than 30 years. He has represented plaintiffs and defendants in many different businesses and fields of commerce in all phases of commercial litigation matters, with particular emphasis on contract, insurance, corporate, securities, banking, and bankruptcy matters. His representations have included numerous trials, appeals and other proceedings in federal and state courts in New York and other states, bankruptcy court, Delaware Chancery Court, and in arbitration and mediation. He has repeatedly and successfully handled litigation matters involving particularly complex facts and procedural circumstances and novel areas of the law.

Representative matters that Mr. Lubarsky has litigated over his career include the following:

  • Represented a litigation trust founded under a bankruptcy plan in a Chancery Court action against former officers and directors of the debtor based upon breach of fiduciary duties, and in a bankruptcy court suit to recover a fraudulent transfer, resulting in millions of dollars of recoveries for the creditors.

  • Obtained a substantial settlement in Texas State Court on behalf of a lender, based on misrepresentation claims against former principals of a bankrupt rehab hospital.

  • Successfully defended a medical technology company and its directors and officers in a federal court class action alleging false and misleading statements in an offering prospectus.

  • Obtained a favorable settlement, and established new law, in a state court class action involving the privacy of prescription records sold by one pharmacy to another as part of a previously unchallenged, widespread industry practice.

  • Successfully represented an electrical contracting firm, including on appeal to the Second Circuit, in an action against a national general contractor for construction delay damages.

  • Obtained a favorable settlement for an officer and minority shareholder in a complex state court action and valuation proceeding involving a closely-held corporation and allegations of corporate waste and breach of fiduciary duty.

  •  Obtained summary judgment on behalf of a defendant life insurance company in an action to recover damages under a life insurance policy.

  • Obtained a permanent stay before any proceedings in a FINRA arbitration against a broker-dealer and life insurance company by a customer alleging negligent supervision of a registered representative.

  • Obtained summary judgment before any discovery proceedings in an action on behalf of a broker-dealer against another broker-dealer for nonpayment of transaction fees.

  • Defended a broker-dealer against arbitration claims by an institutional customer alleging $25 million of damages resulting from the unsuitability of derivatives products, resulting in an award for the broker-dealer at the close of the claimant's case.

  • Obtained a favorable settlement on behalf of fifty physicians in a federal court action against a county hospital arising out of the hospital's termination of the physicians' medical staff privileges based on alleged conflicts of interest, and involving complex and novel constitutional and related legal issues.

Before founding LLFW in 1994, Mr. Lubarsky was, for more than eight years, a partner and associate with Kornstein Veisz & Wexler, a commercial litigation boutique in New York. Before that, he was an associate at the New York firm of Wachtell, Lipton, Rosen & Katz, where he practiced commercial and securities litigation. Mr. Lubarsky graduated summa cum laude from Brooklyn College and cum laude from New York University Law School, where he was a member of the Law Review and the Order of the Coif, and a John Norton Pomeroy Scholar. He is a member of the Association of the Bar of the City of New York, where he served for several years on the Committee on State Courts of Superior Jurisdiction, and the Commercial and Federal Litigation Section of the New York State Bar Association.

Mr. Lubarsky was named a “Super Lawyer” in the area of Business Litigation, in the New York Metro 2014, 2015 and 2016 editions of Super Lawyers.

Telephone:

212-308-6100

Fax:

212-308-8830

Email:

VCard:

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Practice Areas:

Education:

  • J.D., New York University School of Law, 1983, cum laude

  • B.A., Brooklyn College of the City University of New York, 1980, summa cum laude

Bar Admissions:

  • New York 

  • U.S. District Court, Southern District of New York 

  • U.S. District Court, Eastern District of New York 

  • U.S. Court of Appeals, Second Circuit