Gregg L. Weiner
Gregg is co-chair of the firm's global Litigation and Enforcement practice group, based in Ropes & Gray’s New York office. Gregg has a long track record of delivering successful results to financial institutions, Fortune 500 companies, professional services organizations, hedge funds and other sophisticated clients in a wide range of complex commercial disputes. His practice principally involves matters concerning the federal securities laws, commercial contracts, bankruptcy-related proceedings, financial transactions/instruments, corporate governance, breach of fiduciary duty claims and mergers and acquisitions. Gregg also frequently represents real estate developers, investors 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; 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 “a brilliant tactician.”
- Representing the plaintiff homeowners in the New York federal class action Dorce v. City of New York challenging the constitutionality of New York City’s property seizures under its Third Party Transfer program. The Ropes & Gray team successfully obtained a reversal on appeal at the Second Circuit rejecting the City’s jurisdictional challenges.
- Obtained dismissal of $1 billion in fraudulent conveyance claims in the Southern District of New York as lead defense counsel for funds that invested in Jones Group Inc. (later known as Nine West) prior to its leveraged buyout and subsequent bankruptcy.
- Representing Osmotica Pharmaceuticals and its officers and directors in a putative securities class action in New Jersey state court, in which plaintiffs allege Osmotica failed to disclose an alleged decline in pricing of one of its generic drug products at the time of its IPO.
- Representing Fortress Biotech, Inc. and its officers in a putative federal class action in the Eastern District of New York, in which plaintiffs allege Fortress failed to disclose various facts and circumstances with respect to a New Drug Application filed by its affiliate regarding that company’s lead product candidate.
- Representing a large asset manager in defense of a claim arising out of the purchase of $150 million of claims in the Lehman bankruptcy. The seller claimed our client breached the agreement and the duty of good faith in blocking a condition triggering an additional $20 million payment for the purchased bankruptcy claims. Judge Schecter of the NY Commercial Division recently granted our motion to dismiss the complaint.
- Represented Stemline Pharmaceuticals and its officers and directors in a putative class-action securities fraud litigation arising from Stemline’s alleged failure to disclose adverse events in a clinical drug trial that occurred just prior to a $50 million public offering of securities. The Court granted our motion to dismiss.
- Representing a group of underwriter defendants in class action securities litigation related to alleged misstatements made by AmTrust Financial Services. Our clients underwrote two offerings of AmTrust stock which plaintiffs allege give rise to claims under Sections 11 and 12(a)(2) of the Securities Act. The court recently granted defendants’ motions to dismiss.
- Represented 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. The Court dismissed lender’s claim.*
- 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. The Court dismissed all of the claims against Centerbridge.*
- 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 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, ordered the third party sale process to proceed, and awarded our client all of its attorneys’ fees and other arbitration expenses as the prevailing party. The Award was confirmed by Judge Carter (SDNY). We then prevailed in a lengthy follow-on arbitration relating to the sale of the business, including a further award of over $2 million in attorneys’ fees. The award was recently confirmed by Judge Nathan (SDNY).
- 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.
- Representing a subsidiary of Deutsche Bank, German American Capital Corporation (GACC), in litigation filed in New York Supreme Court arising out of the borrower’s default on the mortgage and mezzanine loans related to a luxury condominium project in Tribeca in Manhattan. The Court granted GACC’s motion to dismiss. The matter was then affirmed on appeal to the First Department.
- Represented Genstar Capital in action alleging tortious interference and violation of the Connecticut Unfair Trade Practices Act by the seller of a business purchased by Genstar. After the completion of discovery, the Court granted Genstar’s motion for summary judgment.
- Representing Barthelemy Holdings, LLC and related entities (“Barthelemy”), as well as Colony Capital, LLC and related entities (“Colony”), in a lawsuit filed in Delaware Chancery Court in connection with a luxury hotel and villa development project on the French island of Saint Barthelemy. Following oral argument in connection with expedited proceedings, the Court denied plaintiff’s motion for a preliminary injunction seeking to halt a transaction in connection with the foreclosure proceedings. Subsequently, the Court granted a motion to stay the proceeding.
- Trial counsel to class of taxicab drivers on claims for breach of due process in connection with suspension of their licenses. See Nnebe v. Daus (2nd Cir. 2019).
- Represented a medical device maker in an arbitration in which a major supplier sought to terminate the parties’ distribution agreement. The arbitrator issued a preliminary injunction enjoining termination of the agreement and the matter settled favorably after a week in hearing.
- 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 of $1.23 million. The award was recently confirmed by Justice Scarpulla of the NY Commercial Division.
- 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 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.
- 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. The Court granted Maestro’s motion for a preliminary mandatory injunction.*
Representations denoted with an asterisk were completed prior to joining Ropes & Gray.
- Quoted, “Black NYC Homeowners Suit Challenging Tax Sales Advances,” Bloomberg Law (June 27, 2022)
- Quoted, “Litigation Prognostication: Big Firm Litigators Predictions for 2022,” The American Lawyer Litigation Daily (December 20, 2021)
- Co-author, “Discovery Stay in Securities Act Cases Remains a ‘Pivotal’ Issue After Case Settles Before U.S. Supreme Court Argument,” New York Law Journal (November 5, 2021)
- Co-author, “Arbitration, or Arbitrary Exception? The Unequal Treatment of Injunction Carveouts From Arbitration Provisions,” The New York Law Journal (April 29, 2021)
- Co-author, “The Governor’s LIBOR Legislation: Its Promise and Its Limitations,” New York Law Journal (March 18, 2021)
- Quoted, “A 'Recipe for Litigation': Have Big Law Litigators’ Pandemic Predictions Come True?,” AmLaw Litigation Daily (March 17, 2021)
- Co-author, “Citibank Loan 'Blunder' Ruling Raises Appellate Issues,” Law360 (March 5, 2021)
- Co-author, Commercial Litigation in New York State Courts, 5th Edition (2020)
- Quoted, “Daily Dicta: Big Law Litigators See COVID-19 as a ‘Recipe for Litigation’,” The AmLaw Litigation Daily (March 17, 2020)
- Featured, “Litigation Leaders: Ropes & Gray’s Gregg Weiner on Book Smarts, Street Smarts and Spotting Talent,” The American Lawyer (February 10, 2020)
- Co-author, “2nd Circ. Ruling May Cause Int'l Discovery Flurry In NY,” Law360 (October 11, 2019)
- Co-author, “Justices Could Trigger Sea Change For Tender Offer Suits,” Law360 (April 19, 2019)
- Co-author, “Recent Rulings Reaffirm Courts’ High Degree of Deference to Arbitration Process,” The New York Law Journal (March 15, 2019)
- Quoted, “GC Cheat Sheet: The Hottest Corporate News Of The Week,” Law360 (August 24, 2018)
- Quoted, “9th Circ. Opinion Could Spark More Securities Settlements,” Law360 (August 21, 2018)
- Quoted, “Justices Cut Through 'Gibberish' To Uphold Shareholder Suits,” Law360 (March 20, 2018)
- Quoted, “SCOTUS Win for Investors: More State Jurisdiction,” Bloomberg BNA’s Class Action Litigation Report (March 20, 2018)
- Quoted, “Stemline Therapeutics wins dismissal of shareholder lawsuit,” Reuters (March 16, 2018)
- Gregg Weiner and Andrew Todres, “Getting Creative With Approaches To Removal,” Law360 (December 20, 2017)
- 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)
- JD, Columbia University School of Law, 1991; Harlan Fiske Stone Scholar
- BA, with high distinction, University of Michigan, 1988; James B. Angell Scholar, Recipient of the William J. Branstrom Freshman Prize
Admissions / Qualifications
- New York
- U.S. Supreme Court
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the Second Circuit
- The Edward Brodsky Founders Award, ADL New York/New Jersey (2020)
- Chambers USA: America's Leading Lawyers for Business (2011-2022)
- The Best Lawyers in America (2015, 2017-2022)
- New York Super Lawyers (2006-2021)
- Litigation Star, Benchmark Litigation (2017, 2018)
- Legal 500, Litigation: Securities: Shareholder Litigation (2014-2015); Insurance: Advice to Policyholders (2015); Commercial Litigation (2015); General Commercial Disputes (2018)