Richard F. Lubarsky
- 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
- New York, 1984
- U.S. District Court, Southern District of New York, 1984
- U.S. District Court, Eastern District of New York, 1984
- U.S. Court of Appeals, Second Circuit, 1991
Attorneys | Partners
Richard F. Lubarsky
Richard Lubarsky has been practicing commercial litigation for 25 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, securities, corporate, 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. 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:
- 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 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.
- 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.
- 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.
Before founding LLF 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.
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