Bruce M. Sabados Partner +1.212.940.6369 bruce.sabados@kattenlaw.com 575 Madison Avenue New York, NY 10022-2585 Practices FOCUS: and Dispute Resolution Securities and Enforcement Appellate and Supreme Court Trade Secret Protection and Financial Services Banking and Finance Industries Financial Institutions Education JD, The George Washington University Law School, with honors BA, College of the Holy Cross, cum laude Bar Admissions New York Court Admissions US Court of Appeals, Second Circuit Bruce M. Sabados concentrates his practice in complex commercial litigation, with an emphasis on securities- and financial services-related matters and secured lender litigation. He represents both plaintiffs and defendants in a variety of commercial matters in federal and state courts and in arbitration. His clients include securities firms, international banks, hedge funds and asset-backed lenders. Bruce handles matters involving fraud, breaches of contract, and business torts and restrictive covenants. He also regularly develops and brings affirmative litigation on behalf of corporate clients, particularly lenders, and has obtained and enforced judgments and identified and recovered assets. Most recently, Bruce obtained an affirmance from the New York Appellate Division of a lower court dismissal of $25 million in claims asserted by a borrower against a secured lender client in a decision which was covered by Law360 and other media. He also recently obtained a dismissal of commercial tort claims against an NBA agent in the New York Supreme Court and a ruling from the US Court of Appeals for the Sixth Circuit affirming the lower court's decision denying a multimillion-dollar contempt claim brought against a financial institution. He currently represents numerous financial institutions in litigation spawned by the Madoff fraud, including claw-back claims brought by the trustee of the Madoff estate and the liquidator of a Madoff feeder fund. Bruce frequently writes and speaks on a number of legal topics including asset recovery and privilege issues, and his work has been cited by the New York Supreme Court. He also served as an adjunct professor at Fordham Law School from 2007 to 2012. Selected Experience Representation of NBA sports agent in New York Supreme Court; successfully obtained dismissal of all commercial tort claims against client. Miller v. Walters, et al., Index No. 653735/2013. Representation of commercial finance company in New York Supreme Court; obtained affirmance from New York Appellate Division First Department of lower court ruling dismissing $25 million lender liability claims. Whitecap (US) Fund I, LP et al. v. Siemens First Capital Commercial Finance LLC, Index No. 650888/2012. Representation of numerous financial institutions in ongoing claw-back litigation brought by Madoff trustee and liquidator of Fairfield Sentry, a Madoff feeder fund.
US District Court, Eastern District of New York US District Court, Southern District of New York Representation of financial institution before the US Court of Appeals for the Sixth Circuit; obtained affirmance of dismissal of contempt charges. M&C Corporation v. Erwin Behr GmbH & Co., KG, et al., Index No. 11-2167 (6th Cir., December 17, 2012). Representation of CFO of public company in breach of fiduciary duty action in Delaware Chancery Court. Obtained successful result after trial. Representation of defrauded commercial lender in wide-ranging lawsuit. Recovered more than $20 million, as well as an additional $2 million, as a result of a successful petition for remission for forfeiture amounts. Representation of secured lender client in litigation against "big box" retailers. Prosecuted numerous lawsuits and obtained substantial recoveries. Representation of major financial institution in securities action involving allocation of shares in initial public offerings. Representation of clients in automobile and public relations businesses in matter involving theft of trade secrets and violation of restrictive covenants. Defeated preliminary injunction actions in state and federal court. Representation of a London branch of a major Israeli bank in action against defaulting borrower; obtained and enforced judgment, including extraterritorial enforcement proceedings. Representation of investment adviser and hedge fund in action brought by former client for misleading investment advice. Representation of major financial institution in action seeking to recover substantial losses caused when money market "broke the buck." Representation of defendant hedge fund in action in which investor asserted claims for fraud, breach of fiduciary duty, negligence and breach of contract. Representation of hedge fund in action involving alleged failure to provide purchase financing proceeds which was successfully resolved after mediation. Representation of former CFO of a public company in Delaware Chancery Court proceeding in action involving breach of fiduciary duty violations. Representation of hedge fund owner in a dispute with manager over the ownership of the hedge fund. Obtained JAMS arbitration victory. Representation of mail order pharmaceutical firm in employee raiding case. Obtained favorable trial verdict that was affirmed on appeal in the First Department. Advisories New York Appellate Division Decision Provides Comfort for Secured Lenders Negotiating With Their Defaulting Borrowers (November 12, 2014)
Articles Author, Enforcing Judgments: Tools at Your Disposal, Commercial Factor (June 19, 2013) Co-author, The Reach of Restraining Notices, New York Law Journal (October 6, 2008) Author, Multiple Defendants, Multiple Service Dates, Time to Remove?, New York Law Journal (December 3, 2007) Co-author, Controversy Over 'Amount in Controversy', New York Law Journal (June 18, 2007) Newsletters SDNY Denies Motion to Dismiss SEC Insider Trading Complaint Despite Newman Holding US Sentencing Commission Revises Sentencing Guidelines for Fraud Corporate & Financial Weekly Digest - Volume X, Issue 15 (April 17, 2015) Delaware Chancery Court Addresses Proper Purpose for Inspection Demand Study Finds Whistleblowers Increase Penalties of Regulatory Enforcement Actions Corporate and Financial Weekly Digest - Volume X, Issue 10 (March 13, 2015) SEC Obtains $585 Million Judgment Against MRI International for Ponzi Scheme Corporate and Financial Weekly Digest - Volume X, Issue 5 (February 6, 2015) SEC Issues Third-Annual Dodd-Frank Whistleblower Program Report Expedited Proceedings Denied Where Harm Is Only Speculative SEC Charges Company Executives With Issuing False Press Releases to Inflate Stock Price Corporate and Financial Weekly Digest - Volume IX, Issue 47 (December 5, 2014) District Court Holds Video Game Company's Optimistic Statements Are Not Actionable Securities Class Action Dismissed Where Information Was Publicly Available Corporate and Financial Weekly Digest - Volume IX, Issue 43 (October 31, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 38 (September 26, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 34 (August 29, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 28 (July 18, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 23 (June 6, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 18 (May 2, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 13 (March 28, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 8 (February 21, 2014) Corporate and Financial Weekly Digest - Volume IX, Issue 5 (January 31, 2014) Corporate and Financial Weekly Digest - Volume VIII, Issue 46 (December 6, 2013)
Corporate and Financial Weekly Digest - Volume VIII, Issue 42 (November 1, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 37 (September 27, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 33 (August 23, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 29 (July 26, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 24 (June 14, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 20 (May 17, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 11 (March 15, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 10 (March 8, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 7 (February 15, 2013) Corporate and Financial Weekly Digest - Volume VIII, Issue 2 (January 11, 2013) Corporate and Financial Weekly Digest - Volume VII, Issue 41 (November 2, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 39 (October 19, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 31 (August 17, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 30 (August 10, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 20 (May 25, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 19 (May 18, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 16 (April 27, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 15 (April 20, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 7 (February 17, 2012) Corporate and Financial Weekly Digest - Volume VII, Issue 2 (January 13, 2012) Corporate and Financial Weekly Digest - Volume VI, Issue 46 (December 9, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 45 (December 2, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 43 (November 11, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 36 (September 23, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 29 (July 29, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 28 (July 22, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 24 (June 17, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 20 (May 20, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 16 (April 22, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 12 (March 25, 2011)
Corporate and Financial Weekly Digest - Volume VI, Issue 8 (February 25, 2011) Corporate and Financial Weekly Digest - Volume VI, Issue 3 (January 21, 2011) Corporate and Financial Weekly Digest - Volume V, Issue 42 (October 29, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 38 (October 1, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 31 (August 6, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 30 (July 30, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 23 (June 11, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 22 (June 4, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 19 (May 14, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 15 (April 16, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 11 (March 19, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 7 (February 19, 2010) Corporate and Financial Weekly Digest - Volume V, Issue 2 (January 15, 2010) Corporate and Financial Weekly Digest - Volume IV, Issue 45 (November 20, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 44 (November 13, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 38 (October 2, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 31 (August 7, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 27 (July 10, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 23 (June 12, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 19 (May 15, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 14 (April 10, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 11 (March 20, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 8 (February 27, 2009) Corporate and Financial Weekly Digest - Volume IV, Issue 5 (February 6, 2009) Corporate and Financial Weekly Digest - Volume III, Issue 22 (June 13, 2008) Corporate and Financial Weekly Digest - Volume III, Issue 16 (April 25, 2008) Corporate and Financial Weekly Digest - Volume II, Issue 45 (December 7, 2007) Corporate and Financial Weekly Digest - Volume II, Issue 44 (November 30, 2007) Corporate and Financial Weekly Digest - Volume II, Issue 7 (February 16, 2007)
Speaking Engagements & Presentations Panelist In-House Counsel and Attorney-Client Privilege, Webinar (December 3, 2014) Presenter Financial Services Symposium, New York, New York (October 16, 2014) Presenter Attorney-Client Privilege: Key Issues for In-house Attorneys, New York, New York (April 29, 2014) Presenter, Attorney-Client Privilege for In-House Attorneys New York Law Journal In-House Counsel CLE Event, New York, New York (July 24, 2013) Presenter Federal Garnishment and Bank Compliance, Webinar (2013)