Willkie Farr & Gallagher LLP | Attorneys

Roger Netzer

Partner

MAIN OFFICE:
New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, N.Y. 10019-6099, U.S.A.
T 212-728-8249
F 212-728-9249

Roger Netzer is a partner in the Litigation Department of Willkie Farr & Gallagher LLP in New York. Mr. Netzer regularly defends officers and directors in state and federal court and arbitration in disputes arising from public and private investments, both equity and debt. He has tried claims for breach of fiduciary duty and other contested matters in bankruptcy court. He also has substantial class action, securities, false advertising and other trial experience.

Mr. Netzer’s other clients include private investment funds, financial advisers, and parties to distressed loans, as well as artists, art dealers, and collectors.

Selected Professional and Business Activities

Mr. Netzer is the author of "Sonia Sotomayor’s Securities Law Opinions," Securities Docket June 2009; "Law Firm Staffing," Successful Partnering Between Inside and Outside Counsel, West Group & ACCA, 2008; and "Civil RICO and the Insurance Industry" and "Causation in Civil RICO," Civil RICO Reporter. Mr. Netzer is a member of the Association of the Bar of the City of New York.

Selected Significant Matters

Meadow Star v. Macklowe, Sup. Ct. N.Y., October 2011. Jury trial defending Harry Macklowe against $60 million breach-of-contract action brought by company controlled by Carl Icahn. Following two weeks of testimony, including cross-examination of Icahn, jury returned a verdict for Mr. Macklowe.
Nordea Bank v. Holten, 923 N.Y.S. 2d 464 (1st Dep’t 2011). Affirming summary judgment enforcing put agreement.
Hoffman v. L&M Arts, 2011 WL 3567419 (N.D.Tex. August 15, 2011). Denial of motions to dismiss and for judgment on the pleadings in federal breach-of-contract action.
Dancap v. Key Brand (JAMS arbitration, March 2011), Won award for rescission of contract after week-long trial.
In re R.W., Sup. Ct. N.Y., Fall 2010. Representation of respondent in guardianship trial.
Frankel Offshore v. Texas Standard, No. 2008-55176, Harris County Texas. Representation of Warburg Pincus in breach-of-contract action (2009-10).
In re Chronic Care Solutions (Bankr. Del.) Representation of debtor in chapter 11 proceeding (2009-10).
Dahl v. Bain Capital Partners, (D. Mass. March 26, 2009). Order dismissing Warburg Pincus from antitrust class action alleging conspiracy to suppress competition in LBO auctions.
Zito I, L.P. v. Century/ML Cable Venture, 2009 WL 453232 (2d Cir. Feb. 24, 2009). Affirming dismissal of chapter 11 claim for breach of contract.
Representation of The Reserve Funds in state and federal court (2009).
Representation of Neuberger Berman in defense of ERISA claims (2009).
QoS Networks Ltd. v. Warburg, Pincus & Co., 669 S.E.2d 536 (Ga. Ct. App. 2008). Affirming summary judgment based on res judicata and collateral estoppel.
O’Neill v. Warburg Pincus & Co., 833 N.Y.S.2d 461 (1st Dep’t 2007). Affirming summary judgment dismissing claims for breach of fiduciary duty against majority stockholder in closely held corporation.
Highland Holdings v. Century/ML Cable Venture, 2007 WL 2405689 (S.D.N.Y. Aug. 24, 2007). Affirming dismissal of chapter 11 claims.
Representation of Converium in Williams Act takeover litigation (2007).
Representation of chapter 11 examiner for Northwest Airlines in connection with internal investigation (2007).
Adelphia Communications chapter 11 proceeding. Representation of debtor in trials, contested matters and adversary proceedings, including:

• In re Adelphia, 367 B.R. 84 (S.D.N.Y. 2007). Dismissing appeal for mootness and judicial estoppel.
• In re Adelphia, 368 B.R. 140 (Bankr. S.D.N.Y. 2007). Trial opinion confirming plan of reorganization.
• In re Adelphia, 336 B.R. 610 (Bankr. S.D.N.Y. 2006), aff’d, 342 B.R. 122 (S.D.N.Y. 2006). Trial opinion denying motions to appoint trustee, terminate exclusivity and disqualify, affirmed by District Court.

• In re Adelphia Communications, 2003 WL 22316543 (Bankr. S.D.N.Y. 2003). Trial opinion granting motion to approve executive employment contracts.

Warburg, Pincus & Co. v. QoS, 808 N.Y.S.2d 70 (1st Dep't 2006). Reversal of trial court decision denying motion to consolidate.
Warburg, Pincus Equity Partners, L.P.v. Keane, 802 N.Y.S.2d 420 (1st Dep't 2005). Affirming summary judgment.
Verizon v. Yellow Book, 338 F. Supp. 2d 422 (E.D.N.Y 2004). Defense of trial for alleged false advertising.
Warburg, Pincus v. O’Neill, 783 N.Y.S.2d 344 (1st Dep’t 2004). Affirming summary judgment concerning investment in telecommunications company.
Buena Vista Television v. Adelphia, 307 B.R. 404 (Bankr. S.D.N.Y. 2004). Breach-of-contract and copyright infringement claims against debtor held to be "core."
ML Media v. Century, 287 B.R. 605 (Bankr. S.D.N.Y. 2003). Denial of motion for summary judgment concerning asset purchase agreement.
In re Century/ML Cable Venture, 294 B.R. 9 (Bankr. S.D.N.Y. 2003). Denial of motion to dismiss chapter 11 case.
Board of Trustees of Local 863 Pension Fund v. Foodtown, 296 F.3d 164 (3d Cir. 2002). Defense of directors of chapter 11 debtor against ERISA claims.
Bernstein v. Golden Press, 293 A.D.2d 414 (1st Dep’t 2002). Dismissal of majority shareholder’s claim of fraudulent inducement to give an irrevocable proxy.
In re Globe Holdings, (Bankr. Ct. N.D. Ala. 2002). Trial to recover disputed investment banking fee.
Breeden v. Cowen & Co., 275 B.R. 447 (N.D.N.Y. 2002). Dismissal of fraudulent conveyance claims brought by Richard Breeden, chapter 11 trustee for The Bennett Funding Group, alleging broker’s complicity in massive Ponzi scheme.
Warburg, Pincus v. Schrapper, 774 A.2d 264 (Del. Sup. 2001). Defense of breach-of-contract action.
Scotts v. Warburg, Pincus, 2000 WL 1706377. Defense of accounting claims arising from the sale of company.
Pharmaprint v. American Home Products, (Sup. Ct. N.J. 1999). Defense of suit by licensor of dietary supplements.
In re Medical Resources Sec. Lit., 1998 U.S. Dist. LEXIS 15832, Judicial Panel on Multidistrict Litigation.
Continental Casualty Co. v. State of New York Mortgage Agency, U.S. Dist. LEXIS 12784, S.D.N.Y. 1998. Summary judgment on claims for fraud and breach of indenture.