Gregg L. Weiner
Gregg is co-head of the firm's business & commercial litigation practice, based in Ropes & Gray’s New York office. Gregg has over 25 years of experience representing financial institutions, professional services organizations, Fortune 500 companies, hedge funds and other sophisticated clients in a wide range of complex commercial disputes. He focuses his practice on matters involving the federal securities laws, corporate governance, breach of fiduciary duty claims, mergers and acquisitions, and commercial insurance claims. Gregg also frequently represents real estate developers and owners in high-profile litigation matters.
A frequent speaker and author on commercial law topics, Gregg’s work has been published in New York Law Journal, Bank Director and Business Law Today, in addition to numerous PLI and Bar Association publications.
Gregg has been recognized by Chambers USA: America’s Leading Lawyers for Business as a leading individual in General Commercial Litigation, by Benchmark Litigation as a Litigation Star for General Commercial and Securities work, and by Legal 500 in the following litigation categories: Securities: Shareholder Litigation; Insurance: Advice to Policyholders; and Commercial Litigation. As reported by Chambers, clients have described Gregg’s work as “exceptional” and “first class,” while commending him for being “incredibly bright, very thoughtful and focused” and for demonstrating “an impressive command of the law and the facts.”
- Represented founder and CEO of specialty lending business in arbitration against Emigrant Bank involving a dispute over a call option to buy out founder’s shares at a fixed price and founder’s right to trigger a sale of the business to a third party. The arbitration panel found that Emigrant had waived its Call option and ordered the third party sale process to proceed, and awarded our client all of its attorneys’ fees and other arbitration expenses.
- Representing Costco in an action filed in the SDNY arising out of the multi-billion dollar Ponzi scheme perpetrated by Tom Petters. The plaintiff, Ritchie Capital, alleged that Costco conspired with Petters and aided and abetted the Ponzi scheme, which involved fabricated purchase orders pursuant to which Costco allegedly had agreed to buy millions of dollars of name brand electronics from Petters. The plaintiffs were seeking in excess of $30 million in damages. The Court granted Costco’s motion to dismiss, and the decision was affirmed by the Second Circuit.
- Represented Brookfield Office Properties in two securities class actions, a common stock action in California and a preferred stock action in Maryland, arising out of Brookfield’s acquisition of MPG, a publicly traded REIT. In the Maryland action, after oral argument, the Court denied plaintiffs’ motion for a preliminary injunction.
- Represented a group of bank defendants, including Barclays, Wells Fargo and Deutsche Bank, among others in a putative, US $5 billion class action brought on behalf of minority owners of oil and gas leases with Chesapeake Energy Corp. Defendants’ motion to dismiss was granted and the decision was affirmed on appeal by the Second Circuit.*
- Represented MRC Global in an action brought in the Delaware Court of Chancery by a former shareholder claiming that MRC Global failed to comply with the provisions of a merger agreement requiring it to promptly use commercially reasonable efforts to sell certain assets for the benefit of the former shareholders. Plaintiff dropped its claims after oral argument on summary judgment before Chancellor Strine.*
- Lead trial counsel in an arbitration arising out of a dispute between the owner of a hotel chain and its joint venture partner, a well-known Manhattan developer. After a week-long arbitration, the arbitrator ruled that the developer would have to pay virtually all of the costs at issue, and awarded our client its attorney’s fees, expert fees and arbitration expenses.
- Representing a lender in successful defense of litigation brought in Delaware Chancery Court by borrower alleging lender misconduct arising out of a foreclosure on a luxury resort development project. After expedited briefing and an oral argument, the Chancery Court denied borrower’s motion for a temporary restraining order seeking to halt a transaction in connection with the foreclosure proceedings.
- Counsel to Olshan Properties in a pending dispute with The Limited concerning the right of first offer for a hotel project that would compete with a hotel jointly owned and developed by Olshan/The Limited.
- Representing the Official Committee of Unsecured Creditors of oil producer Sabine Oil & Gas Corporation in Chapter 11 proceedings in the SDNY. The case is among the largest in the wave of bankruptcy cases affecting the oil and gas industry.
- Represented RFR Realty in an action by lender to enforce US $140 million personal guaranty on defaulted mortgage involving 610 Lexington Avenue in New York City.*
- Represented Centerbridge Partners, L.P. in connection with tort claims brought by mezzanine debt holders arising out of the bankruptcy of Extended Stay Hotels (ESH), the largest hotel chain to file for chapter 11.*
- Represented LNR Partners, as the servicer of a US $133m loan in a foreclosure action and related motion for the appointment of a receiver based on the misconduct of the property manager.*
- Represented Maestro West Chelsea SPE LLC in an action to enforce its contractual right to buy air rights next to the Highline Park in Manhattan. Also successfully defended client against US $75 million in counterclaims.*
Representations denoted with an asterisk were completed prior to joining Ropes & Gray.
- Gregg L. Weiner, “Delaware Supreme Court clarifies meaning of ‘best efforts’ merger provisions,” Delaware Corporate Journal (July 17, 2017)
- Gregg L. Weiner, “In Age of Twitter, Do Investors Need Instant Updates?,” The New York Law Journal (July 12, 2017)
- Gregg L. Weiner, Brian Shaughnessy, Heather Sprague and Caitlin Giaimo, “The Duty To Supplement Expert Reports: Part 1 and 2,” Law360 (January 5, 2017)
- Gregg L. Weiner, Adam Harris and Caitlin Giaimo, “'Consent by Registration' Theory of Jurisdiction: Are Its Days Numbered?,” The New York Law Journal (November 28, 2016)
- Mentioned, “2nd Circ. Won't Revive Hedge Fund's Petters Row With Costco,” Law360 (July 1, 2016)
- Quoted, “Hedge Fund Looks To Reboot Costco Suit Over Ponzi Scheme,” Law360 (June 24, 2016)
- Gregg L. Weiner and Israel David, “Securities Fraud Cases Brought Under Item 303,” New York Law Journal (May 28, 2015)
- Gregg L. Weiner and Janice Mac Avoy, “Light On The Horizon For ‘Bad Boy’ Guarantors: CP III Rincon Towers, Inc. v. Cohen,” Law 360 (April 17, 2014)
- Gregg L. Weiner and Israel David, “Disclosing ‘Trends’ in Securities Offerings: Lessons From ‘Facebook’,” New York Law Journal (April 14, 2014)
- Gregg L. Weiner and Joshua Roth, “The Evolving Legal Landscape of “Best Efforts” Provisions,” New York Commercial Litigation Insider (November 5, 2013)
- Gregg L. Weiner, “Five Percent of What? Quantitative Materiality Factors in Recent Securities Litigation,” New York Law Journal (December 12, 2011)
- Gregg L. Weiner, “The Three Keys to Indenture Enforcement,” New York Law Journal (September 13, 2010)
- Gregg L. Weiner, “How Communication Failures Can Jeopardize Insurance Coverage,” New York Law Journal (June 23, 2010)
- Gregg L. Weiner, “Caution: Insured/Insurer Communications,” Law 360: Insurance Law (February 5, 2010)
- Gregg L. Weiner, “The Specter of Liability Claims Hover,” New York Law Journal (October 19, 2009)
- Gregg L. Weiner and Frederique Beky, “Perspective On: D&O Insurance,” Directorship (June 26, 2009)
- Gregg L. Weiner and Julie E. Kamps, “PSLRA Meets the Exchange Act,” New York Law Journal (August 25, 2008)
- Gregg L. Weiner, “Supreme Court Raises the Bar for Securities Fraud Plaintiffs, But Questions Remain,” Andrews Securities Litigation and Regulation Reporter (July 11, 2007)
- Gregg L. Weiner, “D&O Insurance: Don’t Join A Board Without It,” Directorship (June/July 2007)
- Gregg L. Weiner, “Outside Counsel: Ruling Near on Securities Fraud Pleading Standards,” New York Law Journal (February 21, 2007)
- Panelist, “Deconstructing the Registration Statement; the Regulatory Process,” Practising Law Institute Securities Filings 2013: Practical Guidance in a Changing Environment, New York (September 26-27, 2013)
- Presenter, “How About a Nice Bridge or Some Swamp Land? Managing Risks in Real Estate Practice,” Aon’s Large Law Firm Symposium, Chicago (October 19-21, 2010)
- Moderator, “Privilege Issues in Troubled Times: Perspectives from In-House and Outside Litigation Counsel,” The New York City Bar’s Center for CLE, New York (April 29, 2009)
- Panelist, “Current Issues in D&O Liability Insurance: Insureds’ Advocate Panel Discussion,” The New York City Bar’s Center for CLE (June 7, 2007)