Stuart M. Riback

Stuart M. Riback

Partner

New York
+1 212 981 2326
Emailsriback@wilkauslander.com
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Wilk Auslander LLP
1515 Broadway
43rd Floor
New York, NY 10036
T +1 212 981 2300F +1 212 752 6380 wilkauslander.com
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As a business litigator with more than 30 years of experience, Stuart brings to his clients a practical sense of how to achieve the client’s business goals in the most businesslike way — without litigation if possible, but by winning when litigation is necessary. Stuart is known for his careful preparation, well-considered strategic sense, clear presentation style, and consistent record of producing results.

Stuart has handled a wide range of complex commercial, securities, intellectual property and creditors’ rights disputes. He has represented clients in industries as diverse as hedge fund management, private equity, banking, entertainment, high technology, major league sports, manufacturing, biotechnology, niche lending, media, and aviation. His clients range from individual entrepreneurs and private-equity investors to publicly traded Fortune 100 companies and multinational companies based overseas.

Stuart’s cases include some highly visible, cutting-edge litigation that established new rules of law. For example:

  • He argued the U.S. Supreme Court case that defined the scope of trade dress protection under the Lanham Act.
  • He successfully established new law in the Eleventh Circuit about the reach of § 13(d) of the Securities Exchange Act of 1934.
  • He obtained a ruling from the Delaware Court of Chancery broadening the reach of arbitration clauses.

Stuart writes and lectures extensively about cross-border disputes, intellectual property, arbitration, corporate privilege and work product issues, and litigation strategy. He has been named a New York “Super Lawyer” every year since 2007. He is active in the American Bar Association Business Law Section and the Association of the Bar of the City of New York.

Stuart has been named a Fellow of the American Bar Foundation.  The Fellows is an honorary organization of attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.  Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. 

Overview

As a business litigator with more than 30 years of experience, Stuart brings to his clients a practical sense of how to achieve the client’s business goals in the most businesslike way — without litigation if possible, but by winning when litigation is necessary. Stuart is known for his careful preparation, well-considered strategic sense, clear presentation style, and consistent record of producing results.

Stuart has handled a wide range of complex commercial, securities, intellectual property and creditors’ rights disputes. He has represented clients in industries as diverse as hedge fund management, private equity, banking, entertainment, high technology, major league sports, manufacturing, biotechnology, niche lending, media, and aviation. His clients range from individual entrepreneurs and private-equity investors to publicly traded Fortune 100 companies and multinational companies based overseas.

Stuart’s cases include some highly visible, cutting-edge litigation that established new rules of law. For example:

  • He argued the U.S. Supreme Court case that defined the scope of trade dress protection under the Lanham Act.
  • He successfully established new law in the Eleventh Circuit about the reach of § 13(d) of the Securities Exchange Act of 1934.
  • He obtained a ruling from the Delaware Court of Chancery broadening the reach of arbitration clauses.

Stuart writes and lectures extensively about cross-border disputes, intellectual property, arbitration, corporate privilege and work product issues, and litigation strategy. He has been named a New York “Super Lawyer” every year since 2007. He is active in the American Bar Association Business Law Section and the Association of the Bar of the City of New York.

Stuart has been named a Fellow of the American Bar Foundation.  The Fellows is an honorary organization of attorneys, judges, law faculty and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.  Membership in the Fellows is limited to one percent of lawyers licensed to practice in each jurisdiction. 

Representative Matters

  • Integral part of a trial team that won a judgment totaling nearly $100 million against Deutsche Bank on behalf of a hedge fund client, in a case that centered on a breach of contract claim in a credit default swap transaction.
  • Obtained summary judgment allowing minority owner of an LLC that owns 587 Fifth Avenue to purchase the majority owner’s interest in a buy-sell transaction.
  • Represented Samara Brothers, Inc. in its litigation against Wal-Mart Stores on copyright and trade dress issues, winning at the trial and appellate levels.  Argued the case before the US Supreme Court, which granted certiorari to consider one of the trade dress issues.  The case is reported as Wal-Mart Stores, Inc. v. Samara Brothers, Inc.  529 U.S. 205, 120 S.Ct. 1339 (2000).
  • Defeated an attempt by investors in a $300 million hedge fund to remove a fund manager in a private expedited special arbitration before a retired federal judge.
  • Obtained a dismissal on the eve of trial of a case accusing our client of fraud and breach of fidudiary duty in connection with a buyout of interests in a New York City office building.  Gourary v. Laster, 162 A.D.3d 482, 80 N.Y.S.3d 482 (1st Dep't 2018).
  • Represented the 40/40 Club, a sports bar affiliated with the rapper Jay-Z, in copyright litigation arising from C.C. Sabathia’s 30th birthday party.
  • Obtained 100 percent settlements for a client who purchased assets, including contracts, out of the Enron bankruptcy estate only to find that certain counterparties refused to honor the contracts. After moving to have the counterparties held in contempt of the bankruptcy court’s order approving the sale of assets, the counterparties paid what they owed, a nine figure settlement.
  • Represented the minority owners of the Tampa Bay Lightning NHL team in resolving issues arising from the sale of the team by the league to new investors.
  • Obtained disqualification of a named plaintiff and his counsel in a shareholders’ derivative case against the former chairman of a defunct public company. After the disqualification, the case ultimately was abandoned by the remaining plaintiffs and then dismissed for lack of prosecution.
  • Successfully argued that a dispute concerning rights under a contract that did not contain an arbitration clause had to be arbitrated because of an arbitration clause in a contemporaneous contract.
  • Represented a South African biotechnology company, its officers and shareholders in a case of first impression in the Eleventh Circuit, in which the court affirmed dismissal of an alleged tender offer fraud and § 13(d) claim.

Alternate Contact

Stephanie Tucker
T +1 212 981 2300
Email

Service Areas
Education
  • Columbia University School of Law, J.D., 1984— Columbia Law Review (Developing Editor)
    —Harlan Fiske Stone Scholar
  • Queens College, B.A., summa cum laude, 1981
Bar/Court Admissions
  • New York
  • United States Supreme Court
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Third Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Western District of New York
  • United States Tax Court
Affiliations
  • Association of the Bar of the City of New York
    • Federal Courts Committee (2009-2012, 2016-2019)
      • Supreme Court Review Subcommittee (Chair, 2017-2018, 2018-2019)
      • Judges Subcommittee (Chair 2009-2012)
      • Settlement Subcommittee (Member 2010-2012)
    • Judiciary Committee (2006-2009)
    • Trademarks and Unfair Competition Committee (2001-2004)
  • American Bar Association
    • Section of Business Law, Committee on Business and Corporate Litigation (Chair)
      • Programs & Meetings Subcommittee (Co-Chair)
      • Intellectual Property Litigation Subcommittee (Chairman)
    • Section of Litigation, Commercial and Business Litigation Committee
      • Intellectual Property Litigation Subcommittee (Co-Chair)
      • International Litigation Subcommittee (Co-Chair)
  • New York State Bar Association
  • New York County Lawyers Association
Publications
  • "Navigating Intellectual Property Licensing Issues in the Bankruptcy Universe", PLI Current, The Journal of PLI (February 26, 2019)
  • "Extraterritorial Application of U.S. Securities Laws: Recent Case Law", ABA Litigation Section, Commercial and Business Litigation Committee (September 30, 2018)
  • "Strategizing a Case in Litigation Versus Arbitration", Business Law Today (July 16, 2018)
  • "Court Expands Use of U.S. Discovery for Foreign Proceedings", ABA Litigation Section, Commercial and Business Litigation Committee by Andrew J. Kennedy (May 23, 2018)
  • "Confirming Arbitration Awards Made Abroad", ABA Litigation Section, Commercial and Business Litigation Committee (August 30, 2017)
  • "How to Kill a Rule 68 Offer Once and for All: Just Say 'No'", ABA Litigation Section, Commercial and Business Litigation Committee (April 9, 2017)
  • "Contract Boilerplate for Litigators", ABA Litigation Section, Commercial and Business Litigation Committee (2017-)
  • "Contractual Forum Selection Clause Enforced Against Non-party to Agreement", ABA Litigation Section, Commercial and Business Litigation Committee (August 28, 2015)
  • "Taking Discovery in the United States for Use in Arbitration Abroad: Open Questions Under 28 U.S.C. § 1782", Business Law Today (May 2014)
  • "Measuring Materiality: New Wisdom about IP Licenses and Section 365 of the Bankruptcy Code,", Licensing Journal, Vol. 31, No. 2 (February 2011)
  • "Liability-Proofing Your Internet Presence", 64 Quarterly Report of Conference on Consumer Finance Law 49 (2010)
  • "Is It Arbitrable? Case Developments", NY Dispute Resolution Lawyer, Vol. 2, No. 1 (Spring 2009)
  • "American Discovery in Foreign Lawsuits: Are the Floodgates Now Open?", Network: The Newsletter of the Business Law Section, Committee on Business and Corporate Litigation (Fall 2004)
  • "Trademark Issues in Bankruptcy", 93 Trademark Reporter 867 (July-August 2003)
  • "First Argument Impressions of the Supreme Court", 5 Journal of Appellate Practice and Process 133 (Spring 2003)
  • "Hidden Minefields in Bankruptcies Affecting Intellectual Property", Licensing Journal (June-July 2001)
  • "US Banking Law - Non US Banks and Frozen Chickens", Lloyd's Shipping Economist (May 2001)
  • "Is 'New Paradigm' Really so New? While Traditional Rules Still Apply, E-business Factors Do Need To Be Understood", New York Law Journal, page S3 (October 6, 2000)
  • "Product Design Trade Dress: Where Do We Go From Here?", 90 Trademark Reporter 563 (July-August 2000)
  • "Protecting Communications When Attorneys and Non-Legal Professionals Talk", New York Law Journal, page S1 (May 10, 1999)
  • "After Years of Hinting, Circuit Extends Trade Dress Protection to Product Line", New York Law Journal, page 1 (February 17, 1999)
  • "Title Insurance Policies Provide Excellent, but Limited, Protection", New York Law Journal (September 28, 1998)
  • "Protecting the Franchise: Strategies for Dealing with a Licensee's Bankruptcy", Licensing Journal, Vol. 17, No. 7 (August 1997)
  • "Are Arbitrations Final?", New York State Bar Journal (October 1995)
  • "Are Trademarks Intellectual Property in Bankruptcy?", New York Law Journal, page 1 (September 7, 1994)
  • "The Interface of Trademarks and Bankruptcy", 6 Journal of Proprietary Rights (June 1994)
Lectures
  • Program Chair, United States Supreme Court Year in Review, Association of the Bar of the City of New York Federal Courts Committee (July 2018, July 2019)
  • Faculty Member, Understanding the Intellectual Property License, Practising Law Institute (1999-2011, 2012-2018)
  • Faculty Member, The Art of Pleading, Association of the Bar of the City of New York (December 2017)
  • Program Chair and Moderator, There Is no Such Thing As Boilerplate: Issues in the Back of the Contract, American Bar Association Business Law Section Spring Meeting (September 8, 2016)
  • Faculty Member, A Guide to Cross-Border Discovery, webinar, American Bar Association Litigation Section (November 2014)
  • Program Chair and Moderator, Strategizing Your Case in Arbitration Versus Litigation, American Bar Association Business Law Section Spring Meeting (April 2018)
  • Program Co-Chair and Co-Moderator, Keeping Cool When Betting the Company: The Ethical Counsel in Corporate Crisis, ABA Annual Meeting (August, 2013)
  • Faculty Member, Cross-Border Deals: State of the Art of International Negotiation, Mediation and Arbitration, ABA Annual Meeting (August, 2013)
  • Faculty Member, Perspectives from the Bench: Protecting Trade Secrets and Proprietary Information of Companies with Multi-State Operations Amidst Onboarding and Exiting of Employees, ABA Annual Meeting (August, 2013)
  • Program Chair and Moderator, Strategic Litigation Planning and Case Assessment for the Newer Lawyer, American Bar Association Business Law Section Spring Meeting (March 22, 2012)
  • Lecturer, Taking Discovery in the U.S. for Use in Canadian Commercial Litigation, University of Manitoba School of Law, Marcel A Desautels Centre for Private Enterprise and the Law (March 20, 2012)
  • Program Chair and Faculty Member, Discovery in Cross-Border Litigation, ABA Annual Meeting (August 5, 2011)
  • Program Chair and Faculty Member, Cutting Edge IP Issues that Every Business Needs to Know, 2009 ABA Annual Meeting (July 31, 2009)
  • Faculty Member, Annual Review of Developments in Business and Corporate Litigation, American Bar Association Business Law Section Spring Meeting (2008)
  • Program Chair and Faculty Member, Discovery in Transnational Litigation, American Bar Association Business Law Section Spring Meeting (2007)
  • Faculty Member, Understanding the Intellectual Property License, Practicing Law Institute (1999-2010, 2012)
  • Faculty Member, Title Insurance, Practicing Law Institute (1995, 1997-2004, 2006)
  • Program Chair (2003) and Faculty Member (2002 and 2003), Protecting Intellectual Property Assets in Bankruptcy, Association of the Bar of the City of New York
  • Faculty Member, Protecting Corporate Privileges, American Bar Association Litigation Section Committee on Corporate Counsel, Midyear Meeting (February 2000)
  • Faculty Member, American Intellectual Property Law Association Mid-Winter Conference (January 1997)
  • Faculty Member, Practicing Law Institute, Advanced Seminar on Trademark Law (April 1994)
News