Brian Rosner is a member of the firm’s securities, and white collar crime and government investigations, practice groups.
Mr. Rosner has substantial experience representing clients at trial and on appeal. He has tried dozens of complex civil and criminal matters, in state and federal court, in jury trials ranging in length from one day to 10 weeks. He has also briefed or argued multiple appeals, including over 50 appeals to the United States Supreme Court, the Second Circuit Court of Appeals and the New York State Court of Appeals. These appeals have involved seminal constitutional issues of, among other things, extraterritorial jurisdiction, search and seizure, double jeopardy, admissible hearsay, and causation (civil and criminal).
Mr. Rosner represents senior executives in complex business and employment disputes including SEC and DOJ securities fraud investigations, and securities fraud lawsuits brought by class action plaintiffs. At the request of the United States Commodity Futures Trading Commission, the Honorable Gerard E. Lynch and the Honorable George B. Daniels have appointed Mr. Rosner to act as the receiver to locate, recover and distribute assets of defrauded victims in actions that charged 39 individuals and entities with engaging in fraud in the solicitation and sale of foreign currency futures contracts. The United States Attorneys’ Office for the Southern District of New York commenced parallel criminal proceedings against certain individual defendants, whose restitution to victim payments are also being distributed by Mr. Rosner.
Among his recent appellate advocacy, Mr. Rosner argued two novel and unresolved issues of New York law (the meaning of a New York governing law provision and an estates question) certified by the Second Circuit to the New York State Court of Appeals. See The Ministers and Missionaries Benefit Bd. v. Snow, 26 NY3d 466 (2015).
Mr. Rosner has been named a New York Super Lawyer. As a member of the City Bar, he has served several terms on the Judiciary Committee.
Mr. Rosner began his career with the Office of Robert M. Morgenthau, District Attorney of New York County. Between 1975 and 1988, Mr. Rosner served as a senior trial attorney in the Frauds Bureau, where he investigated and tried numerous cases, including organized crime, complicated fraud and murder cases. Between 1978 and 1980, Mr. Rosner also served as a supervising attorney in the Appeals Bureau, where he drafted and argued more than 100 criminal appeals. On behalf of the Governor and New York State District Attorneys’ Association, Mr. Rosner authored criminal law statutes enacted by the New York State Legislature.
Selected Securities, White Collar and Banking Experience
- Defended New York branch of an Indian bank in $350 million RICO claim involving complex factual and procedural RICO, statute of limitations and Foreign Sovereign Immunities Act issues; one of the few decisions in which a foreign sovereign doing business in the United States has prevailed on FSIA immunity grounds over a “commercial activity exception” argument involving wire transfers.
- Represent a witness in SIGTARP and Department of Justice investigation of securities fraud in relation to the Public-Private Investment Program involving residential mortgage-backed securities.
- Represent a senior trader and a financial officer in the CFTC and Trustee investigation of the MF Global Holdings, Inc. bankruptcy.
- Represented the president of Kmart in the SEC and DOJ investigation, national class action lawsuit alleging securities fraud, and bankruptcy proceeding arising from the Kmart bankruptcy.
- Represented a Sunbeam executive officer in the SEC and DOJ investigations, and national class action lawsuit alleging securities fraud arising from the Sunbeam bankruptcy.
- Represented a New York City councilman charged with falsifying records submitted to the New York City Campaign Finance Board.
- Represented a foreign sovereign bank in a garnishment proceeding seeking the restraint and delivery to New York of extraterritorial client assets.