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STEVEN W. PERLSTEIN

steven.perlstein@kobrekim.com

New York:
800 Third Avenue, New York, New York 10022
Tel. +1 212 488 1207
Fax. +1 212 488 1227

Steven W. Perlstein practices in the area of complex civil litigation, focusing on litigation related to complex commercial transactions such as CDO, MBS and repurchase transactions, securities-related litigation and adversary proceedings and contested matters arising out of insolvency proceedings. Mr. Perlstein also regularly represents clients in white-collar criminal defense matters and regulatory investigations.

Mr. Perlstein has participated in a variety of civil and criminal proceedings including, ICC, FINRA and AAA arbitrations, litigations in New York and Delaware state courts, federal district court, and the bankruptcy court.

 

Recent Engagements:

Financial Products & Services Litigation:

  • Representation of an institutional client in connection with a dispute of breaches of representations and warranties in PSA and MLPA in a securitization worth over US $1 billion
  • Representation of a collateralized debt group engaged in over US $3 billion of CDO transactions in litigation related to those transactions
  • Representation of a commercial bank in litigation against an investment bank in connection with a dispute over a US $80 million repurchase agreement
  • Representation of a homebuilding company in connection with litigation against JPMorgan Chase over claims regarding US $120+ million in private label mortgage-backed securities
  • Representation of a hedge fund advisor against an investment bank regarding a US $400 million repurchase transaction in which a favorable settlement was secured for the client three days after obtaining a temporary restraining order against the investment bank
  • Representation of an investment advisor to numerous hedge funds regarding advice in connection with the Madoff securities fraud and other "Ponzi schemes"
  • Representation of offshore and domestic hedge funds in assessing litigation strategies designed to recover investment losses sustained as a result of mismarked short positions
  • Representation of a former Chief Financial Officer in connection with an options backdating investigation by the U.S. Attorney's Office for the Eastern District of New York in which no action was taken against the CFO, and related civil securities and derivative actions

Insolvency & Debtor-Creditor Disputes:

  • Representation of a real estate investor in connection with bankruptcy proceeding where the investor is a creditor, a related adversary proceeding, and various other civil litigations related to bank loans and guarantees

Commercial Litigation and Arbitrations:

  • Representation of a prominent international investment advisor and business consultant in relation to claims arising out the consultant's role in reverse-merged Chinese companies
  • Representation of a large multinational company in ICC arbitration regarding a royalty dispute where the amount in controversy exceeded US $100 million
  • Representation of an executive of AIG in investigations by the New York State Attorney General, the U.S. Securities and Exchange Commission and U.S. Congress regarding business practices, products and transactions in the insurance industry. Kobre & Kim LLP successfully withdrew the executive's guilty plea and the case was adjourned in contemplation of dismissal
  • Representation of a FINRA broker-dealer in several securities arbitrations

Government Enforcement Defense:

  • Representation of a large public company in the airline industry in connection with the U.S. Department of Justice investigation into alleged price-fixing in air cargo surcharges
  • Representation of a senior executive of a major pharmaceutical products company in an investigation by the U.S. Department of Justice and the U.S. Securities and Exchange Commission related to accounting fraud allegations in which no action was taken at the end of the investigation
  • Representation of a senior trader at a broker dealer relating to a New York Stock Exchange ("NYSE") inquiry in which the NYSE concluded investigation without taking any additional action against trader
  • Defense of private individual in criminal proceeding with related asset forfeiture claims

Class & Derivative Actions:

  • Representation of former President of Company in class action in the U.S. Attorney's Office for the Southern District of New York and related derivative litigation brought in Delaware Chancery Court
  • Representation of the former Chief Financial Officer in class and derivative actions in the U.S. District Court for the Eastern District of New York and related derivative litigation brought in the Commercial Division of the New York State Supreme Court

Investigations & Monitorships:

  • Internal investigation of a United Kingdom-based media company after allegations of accounting fraud by a whistleblower

Offshore Trusts & Asset Forfeiture/Recovery:

  • Representation of various individuals in criminal matters where the government sought forfeiture of assets allegedly related to criminal enterprise

 

Prior To Kobre & Kim LLP:

Prior to joining Kobre & Kim LLP, Mr. Perlstein practiced at Schulte Roth & Zabel LLP, where he focused on complex commercial and securities litigation, and bankruptcy litigation.

Mr. Perlstein served as a judicial clerk to the Honorable John D. Butzner, Jr. of the U.S. Court of Appeals for the Fourth Circuit.

 

Professional & Community Involvement:

  • American Bar Association, Member
  • The Association of the Bar of the City of New York, Member
    • Federal Courts Committee of the Association of the Bar of the City of New York, Member
  • Federal Bar
  • Council, Member
  • International Bar Association, Member
  • New York State Bar Association, Member
    • New York State Bar Association Commercial and Federal Litigation Section Committee on Complex Civil Litigation, Member

 

News & Publications:

  • Panelist, Residential Mortgage Litigation and Regulatory Enforcement: Residential Mortgage Litigation & Regulation in the Capital Markets, A look at the Latest Investor Claims and Defenses (American Conference institute, Dallas Texas, September 2011)
  • Panelist, Preservation, Cost-Allocation and Cooperation: An Exploration of E-Discovery Issues (New York American Inn of Court, New York, March 2011)
  • Co-Chair, The Dodd-Frank Act & Its Impact on Bankruptcy & Securities Laws (New York City Bar Association, New York, January 2011)
  • Co-Presenter, Using E-Discovery to Your Advantage (BDO Consulting, November 2010)
  • Panelist, Does a New Era of Ponzi Scheme Fraud Necessitate Heightened Regulation? (New York American Inn of Court, New York, April 2010)
  • Panelist, Meeting the Challenges of Cross-Border Investigations (New York City Bar Association, New York, March 2010)
  • Co-Chair, Asset Forfeiture Proceedings Are On The Rise (New York City Bar Association, New York, September 2009)
  • Co-Chair, An Interdisciplinary Approach to the Credit Crisis: The Overlap of Securities, Bankruptcy & Criminal Law (New York City Bar Association, New York, July 2009)
  • Panelist, The Future of Securities Regulation Under the Obama Administration: A Critical Analysis of Key Legislative Proposals (New York American Inn of Court, New York, March 2009)
  • Co-Chair, Securities Litigation: Stoneridge, Tellabs, Recent Developments and Decisions (New York City Bar Association, New York, July 2008)
  • Panelist, Subprime Mortgage Meltdown Litigation: The Next Legal Frontier for Wall Street and Investors: Discussing how Collateralized Debt Obligations (CDOs) have influenced the market and affected the sub prime mortgage crisis (New York American Inn of Court, New York, March 2008)
  • Panelist, Hedge Funds, New Targets for Regulation and Litigation: Discussing hedge fund litigation and recent efforts by the Securities & Exchange Commission to regulate the hedge fund industry under the Investment Advisers Act of 1940 (New York American Inn of Court, New York, March, 2007)

 


 

Practice Focus:

 

Education:

  • University of Virginia School of Law, J.D.
    Journal of Law and Politics (Executive Editor)
  • Pennsylvania State University, B.S.

 

Admissions:

  • New York
  • U.S. District Courts for the Southern and Eastern Districts of New York
  • U.S. Court of Appeals for the Second Circuit
  • Hong Kong, Registered Foreign Lawyer

 

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