Noah Weissman’s practice focuses on securities litigation and arbitration. He also handles a broad range of commercial litigation and intellectual property litigation (involving trademark, copyright, right of publicity and defamation disputes) before state and federal courts (including the United States Bankruptcy Court), as well before arbitration panels. His clients include broker-dealers, private equity funds, hedge funds, banks and corporate officers and directors, as well as a variety of business organizations in numerous industries.
- Represented public companies and board members in connection with class action and derivative lawsuits involving securities fraud allegations, breach of fiduciary duty claims, and other securities law violations in connection with public disclosures, mergers and acquisitions, and insider transactions.
- Represented top-four broker dealer in international investigation of brokerage practices.
- Successfully defended, in week-long arbitration hearing before NYSE, a top-four broker dealer and investment manager against claims for $2 million in damages based on accusation that investment manager rendered unsuitable investment advice.
- Represented top-four broker dealer in connection with pension fund’s ERISA claims related to best price/best execution, violations of fund’s investment policies, and prohibited transactions.
- Successfully defended in NASD arbitration hearing top-four broker dealer and financial advisor from claims asserting negligent investment and tax advice received in connection with the exercise and disposition of employee incentive stock options, recommendations of various stock investments, and use of margin.
- Successfully litigated through appeal for PIPE investor the case that established federal appellate authority protecting convertible securities investors from short-swing liability under the federal securities laws. Levy v. Southbrook Int’l Investments, Ltd.
- Obtained significant recoveries for Trustee in Bankruptcy in connection with publicly traded corporation that was the subject of massive securities fraud scheme.
- Represented numerous PIPEs in cases involving alleged market manipulation, failure to convert, breach of contract and fraud.
- Represented hedge funds in connection with investment mismanagement claims and member departures and dissolutions.
- Successfully defended major developer in trial, obtaining dismissal of a $15 million lost profit claim and a forfeiture claim and in obtaining a counterclaim judgment in excess of $6 million, in a development dispute involving the construction of a hotel, garage and retail space in Manhattan.
- Successfully resolved claims against international newspaper relating to alleged defamation on papers website.
- Represented major bank in class action asserting claims arising out of private mortgage insurance for residential mortgages serviced by client.
- Successfully litigated the case against the New York Islanders’ hockey team that prevented the team from vacating the Nassau Coliseum.
- Successfully defended joint owner of closely held corporation in connection with fraud, breach of contract and theft of corporate opportunities claims against other joint owner.
- Successfully defended in hearing before AAA national hotel operator against breach of contract claims arising from closing of airplane hangar operation that followed corporate acquisition.
- Successfully represented the daughter of a victim of the World Trade Center attack in connection with her claim for compensation from the Victims Compensation Fund. After extensive negotiations with counsel and an evidentiary hearing before the Victims Compensation Fund, an award in excess of $2 million was obtained and distributed among the family members in accordance with the negotiated settlement among the family.
Bar and Court Admissions
New York, 1993
United States Courts of Appeals for the Second, Fifth, and Ninth Circuits
United States Tax Court
United States Bankruptcy Court
United States District Courts for the Eastern and Southern Districts of New York
New York University, J.D., cum laude, 1992
Cornell University, B.A., 1989
- Co-author - "Navigating the Colorado River Abstention Doctrine," New York Law Journal,
Oct. 30, 2000
- Co-author - "Navigating the Shoals of Alienage Jurisdiction," New York Law Journal, July 13, 2001
Speeches and Seminars
Featured guest lecturer for an interactive "webinar" hosted by the PIPES Report, an industry publication serving the private equity market, in which Weissman targeted PIPE investors who may find themselves subject to claims seeking to characterize them as insiders required to disgorge their short-swing profits under the theory that they formed a "group" with other investors in the PIPE. Weissman litigated the landmark "conversion cap" case Levy v. Southbrook Int’l Investments, and discussed recent developments in group liability and ways to minimize those risks.
- New York City Bar Association – Retail Financial Services Committee
Civic Involvement and Honors
Law Review, American University School of Law, 1990
- Law Clerk to United States District Judge Jacob Mishler, United States District Court for the Eastern District of New York, 1992-1993