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Touro College, Jacob D. Fuchsberg Law Center, J.D., magna cum laude
Union College, B.A.
David Graff, a shareholder in Anderson Kill's New York office, is co-chair of the firm's Corporate and Commercial Litigation practice group and chairs the firm's Foreign Investment Recovery and Regulated Products Practice groups. He is also a member of the Real Estate and Construction, Corporate and Securities, and Estates, Trusts, Tax Services and Banking and Lending groups.
Mr. Graff counsels his clients across the full spectrum of their business needs, including commercial litigation and arbitration, corporate and transactional work, and estate and succession planning. He counsels clients in industries including alcoholic beverage, securities, general financial services, construction, debt service, and real estate.
Mr. Graff was recognized in the 2016 and 2017 Benchmark Litigation guides as a Future Star and Super Lawyers named him a New York Metro Rising Star for Litigation. In 2014, Law360 named Mr. Graff a Rising Star and one of 10 outstanding securities litigators under 40 in the United States. Also in 2014, Mr. Graff was named a Rising Star by The New York Law Journal. Still in his early 30s, Mr. Graff has built a diverse and substantial practice and has initiated the launch of two practice groups he heads.
While attending Touro College, Mr. Graff served as senior staff member on the Touro Law Review and Executive Editor on the Touro International Law Review. He also was awarded the American Bankruptcy Institute's Medal of Excellence, the Cali Excellence for the Future Award in Secured Transactions and Trusts & Estates, and an Academic Achievement Scholarship. His published articles and comments included "The Helmsley Case: An Illustration of the Confused State of the Law Surrounding the Manifest Disregard of Law Doctrine as Applied to Arbitration," 24 Touro L. Rev. 119 (2008).
Mr. Graff is co-editor of the firm's Commercial Litigation Advisor newsletter.
Arbitration and Litigation
Mr. Graff prosecutes and defends all aspects of commercial disputes, including breach of contract, fraud, fraudulent conveyances, fiduciary duty, and business tort matters as well as securities litigations (including, arbitrations before FINRA and defending claims in Federal Courts). He handles complex litigation concerning shareholder rights in public securities and closely held corporations and litigations in the bankruptcy court to protect his clients' interests through, among other things, prosecution and defense of adversary proceedings. He is also regularly retained to commence and defend employment litigations and arbitrations on behalf of employers, and acts as national counsel to a special servicer of student loan debt with over $1 billion under management.
An aggressive and creative litigator, Mr. Graff has employed novel strategies and won first-of-a-kind results. He has essentially created a new practice area in his work on behalf of U.S. investors in foreign companies that have "gone dark,"on U.S. exchanges or in their dealings with private U.S. investors. The unusual remedies Mr. Graff has obtained in Delaware Chancery Court and NY and NV courts include contempt orders, "put" options at fair market value, and court appointment of a receiver, who has seized assets from nonresponsive companies in locations including the British Virgin Islands, Hong Kong and the People's Republic of China. These remedies are unprecedented. The matter in which they were pioneered was deemed the most important Chancery Court case of 2013 by Chancery Daily. Mr. Graff and his team have subsequently pursued similar actions against more than a dozen companies with principal operations in China.
Represent a prominent company in the spirits industry in prosecution of ordinary breach of contract, account stated, unfair business practices, breach of fiduciary duty, and fraudulent conveyance claims against its former members and employees. Seek liquidation of a promissory note, recovery of monies due and owed for outstanding invoices, and damages for breach of non-competition provisions. Providing strategic defense against employment related counterclaims including wrongful termination and unfair business practices.
Negotiated highly favorable settlement of an age discrimination suit on behalf of a former employee terminated pursuant to a large professional organization’s official policy of demoting or terminating employees at age sixty-five.
Mr. Graff serves as outside General Counsel to a variety of privately held enterprises. In this capacity, he structures, negotiates, and/or documents partnership agreements, distributor agreements, license agreements, and tri-party escrow agreements, and general corporate governance and compliance matters. Regularly acting as counsel in mergers and acquisitions, he represents buyers and sellers in stock and asset deals, together with related matters such as confidentiality agreements, non-compete agreements, employment agreements, guarantees, and escrow agreements.
Estate and Succession Planning
Mr. Graff provides estate planning and related tax work, estate and trust administration, and tax and succession planning for a variety of high-net worth individuals, many of whom own and operate closely held businesses that require special planning expertise.
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Prior results do not guarantee a similar outcome.