Roger Netzer

Partner

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8249
F 212 728 9249
rnetzerwillkie.com

Roger Netzer is a partner in Willkie’s Litigation Department. He specializes in conducting trials of commercial disputes, including jury trials. In the course of his 30 years at Willkie, he has tried cases to verdict in California, Texas, Alabama, Connecticut and New York. In New York, he has conducted bench and jury trials to verdict in the state and federal courts of Manhattan and Brooklyn.

Roger regularly represents officers and directors, private investment funds, financial advisers, and parties to sale agreements. Roger's clients also include major art dealers, collectors, artists and artists’ estates. He has tried claims for breach of fiduciary duty and many other contested matters in bankruptcy court.

Highlights

Roger Netzer is a partner in Willkie’s Litigation Department. He specializes in conducting trials of commercial disputes, including jury trials. In the course of his 30 years at Willkie, he has tried cases to verdict in California, Texas, Alabama, Connecticut and New York. In New York, he has conducted bench and jury trials to verdict in the state and federal courts of Manhattan and Brooklyn.

Roger regularly represents officers and directors, private investment funds, financial advisers, and parties to sale agreements. Roger's clients also include major art dealers, collectors, artists and artists’ estates. He has tried claims for breach of fiduciary duty and many other contested matters in bankruptcy court.

Selected Significant Matters

Trials

  • Hoffman v. L&M Arts, N.D. Tex, Dec.20, 2013. Unanimous plaintiff’s jury verdict in Dallas federal court in favor of WFG client, philanthropist Marguerite Hoffman, prevailing on her claims for breach of contract by defendants David Martinez, Studio Capital, and New York art dealer L&M Arts. Case concerned confidential sale of major painting by Mark Rothko. Cross-examined witnesses included Martinez, Robert Mnuchin, Dominique Levy and Tobias Meyer.
  • 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.
  • Dancap v. Key Brand, (JAMS arbitration, March 2011). Award rescinding investment contract following weeklong trial.
  • In re R.W., Sup. Ct. N.Y., Fall 2010. Representation of respondent in guardianship trial.
  • In re Chronic Care Solutions (Bankr. Del.) Representation of debtor in chapter 11 proceeding (2009-10).
  • Savanna v. Vaughn, 2008 WL402133 (Sup. Court of Conn. July 30, 2008). Denial of preliminary injunction following 10-day trial.
  • In re Adelphia Communications, 2003 WL 22316543 (Bankr. S.D.N.Y. 2003). Represented chapter 11 debtor in bench trial granting motion to approve executive employment contracts.
  • Verizon v. Yellow Book, 338 F. Supp. 2d 422 (E.D.N.Y 2004). Defense of trial for alleged false advertising.
  • In re Globe Holdings, (Bankr. Ct. N.D. Ala. 2002). Trial to recover disputed investment banking fee.

Art Industry Disputes

  • Brand X v. Wool, New York State Supreme Court Commercial Division, 2013. Defense of breach-of-contract action against artist Christopher Wool and Luhring Augustine Gallery.
  • Hoffman v. L&M Arts, 2013 WL 432771 (N.D. Tex. Feb. 5, 2013). Denying motions for summary judgment in federal breach-of-contract action.
  • Estate of Leroy Neiman. Representation of artist’s estate in claim for damage to artworks.
  • Tatintsian v. Luhring Augustine Gallery, New York State Supreme Court. Defense of gallery against breach-of-contract claim.

Private Equity Disputes

  • Castle Point Ins. Co. v. Avon Road Partners, Del. Chancery Ct., 2013. Section 225 proceeding concerning control of Delaware corporation.
  • Nordea Bank v. Holten, 923 N.Y.S. 2d 464 (1st Dep’t 2011). Affirming summary judgment enforcing put agreement.
  • Frankel Offshore v. Texas Standard, No. 2008-55176, Harris County Texas. Representation of Warburg Pincus in breach-of-contract action (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.
  • 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.
  • 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.
  • Warburg, Pincus v. O’Neill, 783 N.Y.S.2d 344 (1st Dep’t 2004). Affirming summary judgment concerning investment in telecommunications company.
  • 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.
  • 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.

Bankruptcy

  • 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.
  • Highland Holdings v. Century/ML Cable Venture, 2007 WL 2405689 (S.D.N.Y. Aug. 24, 2007). Affirming dismissal of chapter 11 claims.
  • In re Adelphia, 367 B.R. 84 (S.D.N.Y. 2007). Dismissing appeal for mootness and judicial estoppel.
  • Representation of chapter 11 examiner for Northwest Airlines in connection with internal investigation (2007).
  • 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.

Financial Industry Disputes

  • Representation of The Reserve Funds in state and federal court (2009).
  • Representation of Neuberger Berman in defense of ERISA claims (2009).
  • Representation of Converium in Williams Act takeover litigation (2007).

Selected Professional and Business Activities

Roger is a member of the Association of the Bar of the City of New York and the New York County Lawyers’ Association.

Selected Publications and Lectures

  • "Sonia Sotomayor’s Securities Law Opinions," Securities Docket, June 2009
  • "Law Firm Staffing," Successful Partnering Between Inside and Outside Counsel, West Group & ACCA, 2008"
  • Civil RICO and the Insurance Industry" and "Causation in Civil RICO," Civil RICO Reporter

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