Commercial Litigation Attorney

About Richard F. Lubarsky

About Richard F. Lubarsky

 

ABOUT RicHARD F. LUBARSKY

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Mr. Lubarsky has been practicing commercial litigation for more than 35 years. He has represented plaintiffs and defendants in many different businesses and fields of commerce, in all phases of commercial litigation matters, with particular emphasis on contract, corporate, insurance, securities, banking, and bankruptcy matters. His representations have included trials, appeals and other proceedings in federal and state courts in New York and other states, FINRA and other arbitrations, bankruptcy courts, Delaware Chancery Court, and in mediation. He has repeatedly and successfully handled litigation matters involving particularly complex facts and procedural circumstances and novel areas of the law.

 


Representative matters that Mr. Lubarsky has litigated over his career include the following:


Obtained summary judgment on behalf of a defendant life insurance company in an action to recover damages under a life insurance policy in trial and appellate court proceedings.


Obtained dismissal at close of claimant's case of NASD arbitration claims by an institutional customer alleging $25 million of damages resulting from the unsuitability of derivatives products. 


Successfully defended a life insurance company in a lawsuit to recover death benefits raising novel issues relating to the suicide exclusion in a life insurance policy.


Successfully represented life insurance companies in damages and interpleader actions in state and federal courts involving the alleged non-payment of death benefits.  


Obtained multi-million dollar settlement for creditors in representation of a litigation trust in a Chancery Court action against former officers and directors of bankruptcy debtor based upon breach of fiduciary duties. 


Obtained multi-million dollar settlement for creditors in a bankruptcy court suit to recover a fraudulent transfer.


Successfully represented an electrical contracting firm, including before the Second Circuit Court of Appeals, in an action against a national general contractor for construction delay damages.


Obtained a favorable settlement for an officer and minority shareholder in a complex state court action and valuation proceeding involving a closely-held corporation and allegations of corporate waste and breach of fiduciary duty.


Obtained a favorable settlement on behalf of fifty physicians in a federal court action against a county hospital arising out of the hospital's termination of the physicians' medical staff privileges based on alleged conflicts of interest, and involving complex and novel constitutional and related legal issues.

Obtained summary judgment before any discovery proceedings in an action on behalf of a broker-dealer against another broker-dealer for nonpayment of transaction fees.


Obtained a permanent stay before any proceedings in a FINRA arbitration against a broker-dealer and life insurance company by a customer alleging negligent supervision of a registered representative.


Successfully represented insurance company plaintiffs and claimants in several actions and FINRA arbitrations against former partners and agents for allegedly violating non-solicitation agreements.


Successfully represented insurance companies in state court actions involving alleged schemes to manipulate insurance policy incentive sales programs.  


Obtained a substantial settlement in Texas State Court on behalf of a lender, based on misrepresentation claims against former principals of a bankrupt rehabilitation hospital.


Successfully represented broker-dealers in several FINRA arbitrations alleging violations of securities laws and FINRA Rules.


Successfully defended a medical technology company and its directors and officers in a federal court class action alleging false and misleading statements in an offering prospectus.


Obtained a favorable settlement, and established new law, in a state court class action involving the privacy of prescription records sold by one pharmacy to another as part of a previously unchallenged, widespread industry practice.



Before founding Lubarsky Law Firm in 2018, Mr. Lubarsky was, for nearly 24 years, a founding partner of Levi Lubarsky Feigenbaum & Weiss, a commercial litigation boutique in New York.  For more than eight years before that, he was a partner and associate with Kornstein Veisz & Wexler, also a New York commercial litigation boutique. Before that, he was an associate at the New York firm of Wachtell, Lipton, Rosen & Katz, where he practiced commercial and securities litigation. 

Mr. Lubarsky graduated summa cum laude from Brooklyn College and cum laude from New York University Law School, where he was a member of the Law Review and the Order of the Coif, and a John Norton Pomeroy Scholar. He is a member of the Association of the Bar of the City of New York, where he served for several years on the Committee on State Courts of Superior Jurisdiction, and the Commercial and Federal Litigation Section of the New York State Bar Association.

Mr. Lubarsky is admitted to practice in the New York State Courts, the United States District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit.

Mr. Lubarsky was named a “Super Lawyer” in the area of Business Litigation, in the New York Metro 2014 through 2018 editions of Super Lawyers.