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Steven H. Reisberg
Partner


MAIN OFFICE:
New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, N.Y. 10019-6099, U.S.A.
T 212-728-8257
F 212-728-9257
 
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Steven H. Reisberg is a partner in the Litigation Department of Willkie Farr & Gallagher LLP in New York. Mr. Reisberg’s practice is in the areas of commercial litigation, international arbitration, and intellectual property litigation. He has represented clients in a wide range of commercial litigation matters before U.S. federal and state courts and before domestic and international arbitration tribunals.

Selected Professional and Business Activities

Mr. Reisberg is a member of the American Bar Association, the International Bar Association, the Association of the Bar of the City of New York, the Institute for Transnational Arbitration, and the New York Intellectual Property Law Association.

Mr. Reisberg serves on the Committee On International Commercial Disputes of the Association of the Bar of the City of New York and is a member of the International Arbitration Club of New York.

Mr. Reisberg is a member of the Panel of International Arbitrators of the ICDR and the Panel of Commercial Arbitrators of the American Arbitration Association and a Fellow of the Chartered Institute of Arbitrators (U.K.).

Prior Experience
Mr. Reisberg served as Law Clerk to Hon. Edward Weinfeld of the U.S. District Court for the Southern District of New York (1981-82).

Selected Significant Matters
Trial Experience
  • Lead counsel to Display Technologies, LLC in an arbitration concerning a dispute under a licensing agreement. Decision issued in favor of Display Technologies, LLC. (2012).

  • Lead counsel to Barr Pharmaceuticals, Inc. as the defendant in a patent infringement action challenging the validity of pharmaceutical patent. (Bench Trial held Jan. 26 to Feb. 11, 2010) See Mitsubishi Chemical Corp. v. Barr Laboratories, Inc., 718 F. Supp.2d 382 (S.D.N.Y. 2010), aff’d, 435 Fed. Appx 927 (Fed. Cir. 2011).

  • Lead counsel to U.S. Philips Corp. as the plaintiff alleging infringement of a patent concerning high pressure mercury vapor discharge lamps. See U.S. Philips Corp. v. Iwasaki Electric Co., 505 F.3d 1371 (Fed. Cir. 2007); U.S. Philips Corp. v. Iwasaki Electric Co., 607 F. Supp.2d 470 (S.D.N.Y 2009) (Jury Trial). Judgment entered for $61 million.

  • Lead counsel to Unilin Beeher B.V. as the Complainant in proceedings before the International Trade Commission (ITC) under Section 337 alleging infringement of three patents related to mechanical locking laminated floor panels. General Exclusion Order prohibiting importation into the United States of any products which infringed any one of several claims of three patents affirmed on appeal. See Yingbin-Nature (Guangdond) Wood Industry Co., Ltd v. ITC and Unilin Beheer B.V., 535 F.3d 1322 (Fed. Cir. 2008).

  • Lead counsel to Loral Space & Communication, Ltd. seeking termination of a joint venture in an ICC arbitration held in Geneva. Arbitration award issued terminating the joint venture (2002).

  • Lead counsel to Starwood Corp. in an AAA arbitration held in New York concerning contract dispute (1999).

  • Lead counsel to Thomas W. Zaucha in successfully obtaining confirmation of the election of a new Board of Directors following contested proxy contest, resulting in a change of control and rejecting claims of violation of the federal securities law and Delaware state law claims. (Bench trial before Delaware Chancery Court). Judgment affirmed on appeal. See Brody v. Zaucha, 697 A.2d 749 (Del. 1997).

  • Lead counsel to PMI Investments, Inc. seeking recovery of $30 million from guarantor and involving issues under intercreditor agreement. (Bench Trial) Judgment entered for $30 million. See PMI Investment, Inc. v. Rose and Financial Security Assurance Inc., 167 B.R. 261 (Bankr. S.D. Fla. 1994), aff’d, No. 95-4680 (11th Cir. May 21, 1996).

Other Matters

  • Represented hedge fund in action asserting claims for violations of RICO statute and business torts seeking $6 billion in damages. All claims dismissed on motion for summary judgment.

  • Represented private equity firms in cases asserting claims for breach of contract, breach of representations, and fraud arising in connection with the sale of portfolio companies.

  • Represented former shareholders in a class action relating to a corporate acquisition.

  • Represented owner of former aircraft leasing company in defending claims for alter ego liability seeking damages of $97 million.

  • Represented Koninklijke Philips Electronics N.V. and U.S. Philips Corporation in the assertion of and the defense against claims for patent infringement involving several patents related to automatic external defibrillators.

  • Represented Unilin Beeher B.V. in actions for patent infringement concerning several patents related to mechanical locking floor panels, including proceedings in federal courts in Florida, Delaware, Washington D.C., Georgia, Wisconsin and before the International Trade Commission.

  • Lead counsel to Space/Systems Loral, Inc. in AAA and ICC arbitrations involving contract disputes concerning the construction and operation of communication satellites.

  • Lead counsel to Europ@Web B.V. in an action with respect to termination of a proposed acquisition.

  • Lead counsel to Altos Hornos de Mexico, S.A. in actions to dismiss litigation in the U.S. on the basis of international comity.

  • Lead counsel to Chanel, Inc. in an international arbitration involving disputes under a joint venture agreement.

  • Lead counsel to companies such as Carters, Inc., Putman Investments, Inc. and RenaissanceRe Holdings Ltd. in connection with internal investigations relating to accounting and financial reporting practices and SEC or DOJ investigations.

  • Lead counsel to companies in class actions and derivative suits asserting claims under the U.S. securities laws, RICO and breach of fiduciary duty. See, e.g. Rolo v. City Investing Co. Liquidating Trust, 155 F.3d 644 (3d Cir. 1998); Silverman v. Schwartz, 248 A.D.2d 332 (1st Dept. 1998).

  • Counsel to companies in cases relating to insurance coverage disputes.

  • Counsel to companies in connection with purchase price adjustment disputes.

  • Counsel to debtors and creditors in connection with adversary proceedings.
Selected Publications and Lectures
  • "An Arbitrator’s Authority To Award Interest On An Award Until Date of Payment," 16 International Arbitration Law Review 25 (2013).

  • "New York Court Upholds Pre-Award Attachment Of New York Based Asset To Help Assure Collection of Future Judgment In International Arbitration," 14 International Arbitration Law Review (Issue 3) (2011).

  • "Objections to the Jurisdiction of the Arbitration Tribunal Under the U.S. Federal Arbitration Act: How To Preserve the Right To Judicial Review," 13 International Arbitration Law Review 148 (2010).

  • "First Department Decision Raises Drafting Issue for Arbitration Clauses," New York Law Journal (August 24, 2010).

  • "The Rules Governing Who Decides Jurisdictional Issues -- FirstOptions v. Kaplan Revisited, 20 American Review of International Arbitration 159 (2010).

  • "An Introduction to Key Issues and Considerations Related to International Arbitration," chapter published in Best Practices for International Alternative Dispute Resolutions (Aspatore Books 2007).

  • "CPLR 7502(C) Changes Provide Preliminary Arbitration Remedies," New York Law Journal (May 2, 2006).

  • "The Scope of Arbitration Clauses: Do They Also Bind Individual Directors, Officers and Employees?" Metropolitan Corporate Counsel, (September 2003).

  • "A Practical Guide To Purchase Price Adjustment Disputes," New York Law Journal (October 27, 1999).
Education
1981, New York University School of Law, J.D.
1978, Columbia University, M.A.
1976, Boston University, B.A.

Bar Admissions
New York, 1982

Courts
  • United States Supreme Court, 1991
  • United States Court of Appeals, 2nd Circuit, 1986
  • United States Court of Appeals, 3rd Circuit, 1991
  • United States Court of Appeals, 11th Circuit, 1995
  • United States Court of Appeals, Federal Circuit, 1985
  • United States District Court, Eastern District of New York, 1982
  • United States District Court, Southern District of New York, 1982


Practice Focus
Litigation
Education
  • 1981, New York University School of Law, J.D.
  • 1978, Columbia University, M.A.
  • 1976, Boston University, B.A.

Clerkships
  • Weinfield, Edward, United States District Court, Southern District of New York, 1981-1982

Bar Admissions
New York, 1982

Courts
  • United States Supreme Court, 1991
  • United States Court of Appeals, 2nd Circuit, 1986
  • United States Court of Appeals, 3rd Circuit, 1991
  • United States Court of Appeals, 11th Circuit, 1995
  • United States Court of Appeals, Federal Circuit, 1985
  • United States District Court, Eastern District of New York, 1982
  • United States District Court, Southern District of New York, 1982




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