LAWYER PROFILE

Rakower Law PLLC

Michael C Rakower

New York, USA USA Guide 2021 Ranked in 1 departments
Ranked in : Litigation: General Commercial
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Lawyer profile for USA 2021

USA

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USA
Litigation: General Commercial - New York

Band 5

Content
Michael Rakower specializes in individual representation in diverse commercial disputes, and is a particularly strong choice for the litigation of executive compensation claims.
"An outstanding advocate and great writer. You'd want him in the courtroom with you." "Extremely intelligent and professional."
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Lawyer information

This content is provided by Michael C Rakower

Practice Areas

Michael Rakower is a founding member of Rakower Law PLLC. His practice focuses on complex commercial disputes including matters relating to executive compensation, ERISA, partnerships, corporate finance and banking, real estate, civil RICO, securities, intellectual property, and professional liability. Some of his notable matters include:

• Representation of a former CEO of a major not-for-profit agency in a dispute over the agency’s refusal to pay ERISA-governed retirement benefits valued in excess of $15 million;

• Representation of a former CEO of a publicly-traded company in a dispute over the company’s refusal to honor its obligation to pay ERISA-governed retirement benefits valued in excess of $10 million;

• Representation of a fourth-generation business in a dispute with executives over their entitlement to incentive compensation arising from the $220 million sale of a subsidiary, where the parent company assumed liabilities attributable to the subsidiary as condition of the sale;

• Representation of a private equity executive in a multi-jurisdictional dispute concerning the employer’s refusal to pay a carried interest following the $700 million sale of its portfolio of businesses;

• Representation of a real estate financier in multi-party actions in federal and state courts concerning a $140 million real estate transaction tainted by alleged fraud;

• Representation of family members in a partnership dispute concerning a real estate asset worth $105 million;

• Representation of a United Nations vendor in a federal lawsuit seeking damages in excess of $125 million arising from an alleged bribery and bid-rigging scheme that corrupted the United Nations;

• Appellate representation of an individual in a high-profile will contest concerning an estate with an estimated value of $1 billion;

• Pre-litigation counseling for the benefit of the Iraqi Government in connection with its investigation into multibillion-dollar kickback schemes arising out of the United Nations Oil-for-Food program;

• Representation of an Argentine financial services entity in a dispute concerning treatment of “reverse repo” transactions in bankruptcy;

• Representation of a limited partner of an insolvent hedge fund in a “clawback” dispute with the fund’s trustee;

• Representation of a hedge fund in a dispute concerning the fraudulent sale of securities by a rogue employee.

Professional Memberships

New York State Bar Association

• Executive Committee, Commercial and Federal Litigation Section, 2011–present

• Co-Chair, Committee on Federal Procedure, 2011-present

Federal Bar Council

• Master, Inn of Court

The New York Bar Foundation

• Fellow

Publications

“Incentive Compensation: When a Promise Becomes a Myth,” New York Law Journal, May 6, 2021 (co-authored with Melissa Yang).

“Attorney Fees Under ERISA §502(g)(1): An Exception to the American Rule,” New York Law Journal, October 10, 2019 (co-authored with Melissa Yang).

“Seeking Benefits Owed Under an ERISA Top-Hat Plan: A Primer for Litigators,” New York Law Journal, July 5, 2017 (co-authored with Melissa Yang) (re-published in NY Litigator).

“Rule 68 Offers of Judgment and Mootness, Especially for Collective or Class Actions,” Federal Procedure Committee, NYSBA Commercial and Federal Litigation Section, May 6, 2015 with addendum (group authorship; M. Rakower co-chair of Federal Procedure Committee)

“Statutory Indemnification of Officers and Directors: Foresight is Power,” New York Law Journal, October 26, 2015 (co-authored with Melissa Yang) (re-published in NY Litigator)

“Report on Proposed Amendments to Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 36, 37, 84 and Appendix of Forms,” Federal Procedure Committee, NYSBA Commercial and Federal Litigation Section, October 1, 2013 (group authorship; M. Rakower co-chair of Federal Procedure Committee)

“Report on District Court Review of Magistrate Judge’s Reports and Recommendations: Should Arguments Not Previously Made to the Magistrate Judge Be Considered,” Federal Procedure Committee, NYSBA Commercial and Federal Litigation Section, July 9, 2013 (group authorship; M. Rakower co-chair of Federal Procedure Committee)

“Rule 5 of the Federal Rules of Civil Procedure Should Be Revised to Allow for Electronic Service of Papers Without Prior Consent,” Federal Procedure Committee, NYSBA Commercial and Federal Litigation Section, December 12, 2012 (group authorship; M. Rakower co-chair of Federal Procedure Committee)

“Whether The Heightened Pleading Requirements of Twombly and Iqbal Apply to Pleading Affirmative Defenses,” Federal Procedure Committee, NYSBA Commercial and Federal Litigation Section, March 21, 2012 (group authorship; M. Rakower co-chair of Federal Procedure Committee)

“Report on Proposed Amendments to Federal Rule of Civil Procedure 45,” Federal Procedure Committee, NYSBA Commercial and Federal Litigation Section, January 10, 2012 (group authorship; M. Rakower co-chair of Federal Procedure Committee)

“The Supreme Court’s Proximate Cause Analysis Under RICO: A Distinction Between Direct and Foreseeable Harm,” NY Litigator, Summer 2011 (re-published in Civil RICO Report)

“RICO Damages After Set-Off: Treble vs. Double Recoveries,” New York Law Journal, March 10, 2008 (re-published in Civil RICO Report and NY Litigator).

“The Khmer Rouge: An Analysis of One of the World’s Most Brutal Regimes,” as published in To Oppose Any Foe: The Legacy of U.S. Intervention in Vietnam (R. Fisher, J. Moore & R. Turner eds., 2006)

Awards

“Top 100” attorneys in the New York Metropolitan Area, 2015 – 2020

Super Lawyers

2020

Selected for Inclusion in New York Metropolitan Edition, 2013 – 2020

Super Lawyers

2020

Platinum Client Champion Award, 2017 – 2020

Martindale-Hubbell

2020

Client Distinction Award, 2013 – 2020

Martindale-Hubbell

2020

Interviewed by Lawdragon After High-Profile Trial Victory

Lawdragon

2019

Lifetime Achievement Member

America’s Top 100 Attorneys

2016

Panel Judge, Rising Stars, 2013 – 2016

American Lawyer Media

2016

Profiled in “Lawyer Limelight” Column

Lawdragon

2014

Rising Star, New York Metropolitan Region

Super Lawyers

2011

One of Eight “up and coming” Lawyers in the Nation

Lawyers USA

2017

Outstanding Young Lawyer of the Year Award

New York State Bar Association

2006

Education

University of Pennsylvania

B.A.

1989 - 1993

University of Virginia School of Law

J.D.

1996 - 1999

USA
Michael C Rakower

Rakower Law PLLC

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Phone number
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Office

260 Madison Avenue, 8th Floor

New York

New York

USA

NY 10016

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USA 2021

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