Allan J. Arffa

A Partner in the Paul, Weiss Litigation Department for over 25 years and co-chair of the Department for the past six years, Allan Arffa is a highly experienced trial lawyer and general commercial litigator who handles securities, media and entertainment, bankruptcy, insurance, employment and other commercial matters in State and Federal courts, as well as arbitration settings, throughout the country.

In particular, Allan has a long and successful track record, making him a “go-to” trial lawyer for high profile clients in their most significant litigations. Recently, Allan has achieved a string of major victories for Paramount Pictures, Aurora Bank and Bank of New York Mellon. In addition, he is consistently ranked in U.S. News & World Report as one of the “Best Lawyers” for both Commercial Litigation and Media Law.

Allan is currently the co-chair of the Investment Funds Litigation practice group in the Department.

Experience

Allan has participated in numerous trials in State and Federal courts, bankruptcy courts and arbitration settings, in nearly all of which he has served as lead trial counsel. In the past few years, he has been lead trial counsel in numerous trials, hearings and arbitration proceedings.

Significant lead trial counsel representations include:

• Paramount Pictures Corporation in a trial in the U.S. District Court for the Southern District of New York. Paramount had been sued by four investors in a slate of 25 films. The trial resulted in a judgment dismissing all claims against Paramount, including claims of federal securities fraud, common law fraud and unjust enrichment;
• Aurora Bank in defense of litigation brought by Allonhill, a mortgage due diligence firm, which went to trial in Colorado State Court, Denver County. Allonhill was hired by Aurora, a mortgage servicer, to conduct a foreclosure review ordered by federal regulators. Aurora had terminated Allonhill after undisclosed conflicts of interest came to light. Not only were all of Allonhill's claims against Aurora denied, but Aurora's counterclaims were granted, resulting in a judgment in Aurora's favor of over $28 million;
• Bank of New York Mellon as an indenture trustee in a matter brought in New York State Court by noteholders seeking approximately $1 billion in damages. The action was ultimately dismissed in full prior to trial;
• Citigroup Inc. affiliates in both a federal court case and a related FINRA arbitration, involving complex credit default swap issues. Allan obtained a multi-million dollar judgement for one affiliate favor in the federal action, and a defense decision, after FINRA arbitration hearings, dismissing all claims against a second affiliate;
• Bear Stearns in a FINRA arbitration brought by a hedge fund alleging fraud by Bear Stearns in connection with the structuring of collateralized debt obligations;
• A prominent fund manager in an arbitration matter regarding redemption rights in a hedge fund;
• Nielsen Media, Inc. in an arbitration proceeding resulting in the successful termination of the adversary's license agreement with Nielson;
• Private equity professionals in an international (ICDR) arbitration against a private equity firm based in the Middle East raising a variety of employment-related issues;
• Time Warner Cable in a New York State Court dispute brought by the City Council of New York against the State Public Service Commission, the Mayor of the City of New York and our client, challenging the approval of the client's cable franchises. He successfully defended the client's franchise awards before all three levels of the New York State court system, including the New York Court of Appeals; and
• A major financial institution in a case tried in New York Supreme Court involving credit derivatives, resulting in a complete defense victory for the client.

Allan has served as lead litigation counsel in numerous matters in bankruptcy courts around the country, including contested matters and adversary proceedings. He has conducted hearings in bankruptcy courts on various issues, including the appointment of trustees, estimation and other issues in asbestos-related bankruptcy cases, and contract acceptance/rejection issues, along with arguing numerous motions and other applications.

In addition, Allan has handled numerous securities matters and spoken on securities law issues. He has also conducted a variety of internal investigations for clients in matters involving potential securities law and other issues. He regularly represents clients in partnership, shareholder and other investment-related disputes, as well as disputes involving accounting and employment issues.

Allan has also handled a broad variety of telecommunications matters, from disputes over alleged problems with undersea telecommunications cables to litigating and negotiating cable television franchise matters. He has also handled a number of significant litigation and counseling matters on behalf of clients in the financial data, information and entertainment industries.

Allan served as an Articles Editor of the Harvard Law Review.

Practices

• Litigation
• Employment
• Insurance
• IP Litigation: Copyright & Trademark
• International Arbitration
• M&A Litigation
• Media & Entertainment
• Securities Litigation
  

Education

• J.D., Harvard Law School, 1980
  cum laude
• B.A., Harvard College, 1977
  magna cum laude

Clerkship

• Hon. J. Edward Lumbard, U.S. Court of Appeals, 2nd Circuit

Bar Admissions

• New York

See Library Tab for articles, publications and presentations by Allan Arffa