
Daniel H Tabak
Partner, New York
Daniel H Tabak
Partner, New York
Daniel H. Tabak has experience in commercial litigation, bankruptcy litigation, complex securities litigation, appellate work, and professional liability. His practice focuses on complex commercial disputes with an emphasis on litigation and arbitration involving the financial industry. Dan also has extensive experience representing parties in bankruptcy and bankruptcy litigation, including representing Hulk Hogan in the bankruptcy cases of Gawker and its founder.
Dan has been recognized over the last nine years by The Legal 500’s U.S. guide in its securities litigation, commercial litigation, and general commercial disputes categories, with clients describing Dan as an “incredibly smart,” “first rate trial lawyer” who is “bright, attentive and creative” and possesses a “unique ability to quickly get up to speed on a complicated set of legal and factual issues.” Dan has been listed as one of New York’s Super Lawyers for business litigation each year since 2014, and he has also been recognized as a Litigation Star by Benchmark Litigation and as one of the top 100 lawyers in the New York metropolitan area by Super Lawyers. Dan is a former member of Law360‘s editorial advisory board for its legal ethics coverage and of the New York City Bar Professional Responsibility Committee. He is chair of the firm’s Pro Bono Committee, a former co-chair of its Ethics Committee, and a member of the firm’s Diversity and Inclusion Committee.
Dan is a graduate of Columbia Law School, where he was a James Kent Scholar and a Harlan Fiske Stone Scholar. He is also a graduate of Harvard College, where he was a John Harvard Scholar and a Harvard College Scholar. Prior to joining the firm, he was a litigation associate at Simpson Thacher & Bartlett LLP. He also served as a law clerk to the Honorable Allyne R. Ross of the United States District Court for the Eastern District of New York.
Daniel H. Tabak has experience in commercial litigation, bankruptcy litigation, complex securities litigation, appellate work, and professional liability. His practice focuses on complex commercial…
Education
Columbia Law School (J.D. 1995); Harvard College (A.B., cum laude, 1992)
Bar Admissions
New York State; New Jersey State; U.S. District Courts for the Southern and Eastern Districts of New York; United States District Court for the District of New Jersey; U.S. Court of Appeals for the Second and Tenth Circuits
Activities and Affiliations
Treasurer, Harvard Hillel
Member, New York City Bar Association (Former member of the Committee on Professional Responsibility)
Member, American Bar Association
Member, American Bankruptcy Institute
Former Member, Law360's Editorial Advisory Board for Legal Ethics Coverage
Commercial Litigation
Obtained summary judgment for major broker-dealer against both plaintiff and third party defendant in breach of contract case resulting from family dispute over account ownership as well as Second Circuit affirmance of judgment.
Represent a major broker in defense of fraudulent conveyance claims resulting from customer’s criminal actions.
Obtained dismissal of all claims against major radio personality resulting from telephone call aired on radio.
Successfully represented a major broker-dealer in purported class action resulting from network outage.
Represent creditor in asserting fraudulent conveyance claims against lenders that received security interests and liens from affiliate of borrower.
Represented a private equity fund in finder’s fee dispute, resulting in a favorable settlement.
Successfully represented marketer of weather-related accessories in litigation and arbitration regarding post-merger earn-out dispute.
Represented a real estate development company in a series of lawsuits regarding a $940 million lease.
Represented a major investment bank in defending against tortious interference and conspiracy claims brought by oil and gas company. Following the firm’s successful motion to transfer the case, plaintiffs voluntarily withdrew all claims.
Represented energy company in obtaining dismissal of purported class action alleging multi-billion dollar breach of contract and tort claims and in appeal of dismissal.
Read MoreBankruptcy and Bankruptcy Litigation
Represented Hulk Hogan in bankruptcies of Gawker and its founder resulting in favorable settlement.
Represented family member in adversary proceedings brought by trustee in highly-publicized Ponzi scheme.
Represent investment fund in defending subsequent transfer claims brought by Madoff Trustee.
Successfully represented insider purchaser in purchase of debtors’ assets in bankruptcy.
Represent brokerage firm in defending fraudulent conveyance claims brought by victims of fraudster who transferred funds to brokerage account.
Represent creditor in asserting fraudulent conveyance claims against lenders that received security interests and liens from affiliate of borrower.
Represent brokerage firm in adversary proceeding regarding transfers from Madoff feeder fund.
Read MoreSecurities and Derivative Litigation and Investigations
Obtained dismissal and subsequent Second Circuit affirmance of Section 16(b) litigation against major investment bank in case of first impression.
Successfully represented major broker in obtaining voluntary dismissal of both request for injunctive relief and complaint alleging securities law violations after filing opposition to temporary restraining order.
Represent broker-dealers in arbitration of customer disputes.
Obtained voluntary dismissal of securities class action claims against pension fund trustee following filing of motion to dismiss brief.
Represented bank in class certification discovery of $50 billion class action lawsuit.
Read More
Super Lawyers named C&G cofounder Mark S. Cohen one of the Top 10 lawyers in the New York metropolitan area. Partners Jonathan S. Abernethy and Karen H. Bromberg have also been named to the Super Lawyers list of the Top 100 lawyers in the New York metropolitan area. Additionally, Karen has been recognized as one of the Top 50 women lawyers within the same region.
Super Lawyers and Rising Stars are annual lists of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only 5 percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.
The C&G lawyers recognized on the New York Metro Super Lawyers list are:
- Jonathan S. Abernethy, Criminal Defense: White Collar
- Kwaku Andoh, Mergers & Acquisitions
- Luke Appling, Civil Litigation: Defense
- Elizabeth Bernhardt, Business Litigation
- Colin C. Bridge, Criminal Defense: White Collar
- Karen H. Bromberg, Intellectual Property
- Jason Brown, Criminal Defense: White Collar
- Damir Cefo, Intellectual Property Litigation
- Joanna K. Chan, Securities Litigation
- Mark S. Cohen, Business Litigation
- S. Gale Dick, Business Litigation
- Christian R. Everdell, Criminal Defense: White Collar
- Robert J. Gavigan, Mergers & Acquisitions
- Lawrence T. Gresser, Business Litigation
- Oliver S. Haker, Business Litigation
- Johannes Jonas, Mergers & Acquisitions
- Nicholas J. Kaiser, Real Estate
- Jeffrey I. Lang, Civil Litigation: Defense
- David F. Lisner, Business Litigation
- Ellen Paltiel, General Litigation
- Douglas J. Pepe, Business Litigation
- Matthew V. Povolny, Business Litigation
- Nathaniel P. T. Read, Business Litigation
- Bonnie J. Roe, Securities & Corporate Finance
- Stephen M. Sinaiko, Business Litigation
- Mark Spatz, Civil Litigation: Defense
- C. Evan Stewart, Securities Litigation
- Daniel H. Tabak, Business Litigation
- Scott D. Thomson, Business Litigation
- Alexandra Wald, Business Litigation
The C&G lawyers recognized on the New York Metro Rising Stars list are:
- Sharon L. Barbour, Criminal Defense: White Collar
- Randall W. Bryer, Business Litigation
- Shannon A. Daugherty, Business Litigation
- Drew S. Dean, General Litigation
- Jesse Greenwald, Criminal Defense: White Collar
- Christine M. Jordan, General Litigation
- William Kalema, Business Litigation
- Sri Kuehnlenz, Civil Litigation: Defense
- Marvin J. Lowenthal, Criminal Defense: White Collar
- Barbara K. Luse, Criminal Defense: White Collar
- Benjamin Zhu, General Litigation
The guide highlights C&G’s “elite group of practitioners” and use of advanced machine learning techniques and notes that the firm “handle[s] cases that are every bit as complex and challenging as big, national law firms.” Commentators noted that the firm “punches way above its weight” in litigation and investigation matters.
C&G Co-Founder Mark S Cohen is one of only two lawyers in the United States to be recognized as a “Leading Lawyer” in both Securities Litigation: Defense and Corporate Investigations and White-Collar Criminal Defense. Commentary from The Legal 500 recognizes Mark as a “top-tier advocate” who is “at the top of the profession” and “can litigate with the best of them.”
For the first time, C&G’s Antitrust practice has been recognized in Antitrust: Civil Litigation/Class Actions: Defense for its handling of class action cases concerning allegations of cartel behavior, monopolization, and other exclusionary conducts. The Legal 500 cites the leadership of Melissa H Maxman and the addition of “heavyweight” lawyer John Roberti as key reasons for the practice’s recognition.
C&G is again recognized in the Advice to Individuals and Advice to Corporates categories of the Corporate Investigations and White-Collar Criminal Defense section. The Legal 500 commentary notes that the practice is led by “partners with deep experience who obtain excellent results for clients” and is “well placed to handle transatlantic cases” with offices in New York, Paris, and London, and has “particular expertise in financial crime, antitrust enforcement, public corruption, and tax issues.”
The guide has also recognized C&G once again in the General Commercial Disputes category, praising the practice for showing the “discipline and focus necessary to win a case.” Testimonials from the guide highlight the team’s ability to “handle large and complex matters” with “experienced people, good judgment,” and “better use of technology.”
For the 10th consecutive year, C&G has been recognized in the Securities Litigation: Defense category for the firm’s “expertise in the financial services sector” and “recognized trial expertise” in cross-border and domestic securities litigation and enforcement proceedings. The Legal 500 emphasizes the team’s “strong practitioners” and “attentiveness to clients” in the 2022 guide.
Recognized Practices:
- Antitrust: Civil Litigation/Class Actions: Defense
- Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
- Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
- General Commercial Disputes
- Securities Litigation: Defense
Antitrust: Civil Litigation/Class Actions: Defense
- Melissa H Maxman
- John Roberti
- Ronald F Wick
- Jonathan S Abernethy
- Jason Brown
- Mark S Cohen
- S Gale Dick
- Jeffrey I Lang
- Melissa H Maxman
- Reggie Schafer
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
- Melissa H Maxman
- Daniel H Tabak
- Jonathan S Abernethy
- Mark S Cohen
- S Gale Dick
- Lawrence T Gresser
The Legal 500 analyzes the capabilities of law firms across the world. Its rankings “highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel.”
- Corporate Investigations and White Collar Criminal Defense: Advice to Individuals
- Corporate Investigations and White Collar Criminal Defense: Advice to Corporates
- General Commercial Disputes
- Securities Litigation: Defense
- Corporate Investigations/White Collar
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
For the seventh consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation. In addition to the firm’s ranking, Mark S Cohen, Lawrence T Gresser, and Daniel H Tabak were all individually recognized in the publication’s 2019 guide.
- Corporate Investigations/White Collar – Advice to Corporates
- Corporate Investigations/White Collar – Advice to Individuals
- General Commercial Disputes
- Securities Litigation Defense
For the sixth consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation. In addition to the firm’s ranking, partners Mark S Cohen, Lawrence T Gresser, and Daniel H Tabak were all individually recognized in the publication’s 2018 guide.
Defunct gossip website Gawker will soon start paying $20 million it owes to shareholders — including founder Nick Denton — court proceedings revealed Wednesday. This action follows a jury's decision last March to award Hulk Hogan $140 million in his invasion of privacy suit against Gawker. C&G's Daniel H Tabak was counsel for Mr. Hogan during these proceedings.
- "Gawker to Start Paying $20M Owed to Shareholders, Founder Nick Denton," New York Daily News.
- "Gawker Founder Nick Denton to Leave Bankruptcy," The Wall Street Journal.
Daniel H Tabak is leading the team representing Hulk Hogan in the bankruptcy case against Gawker and Nick Denton. The following news outlets provided coverage:
The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2015 guide. The guide notes Cohen & Gresser’s “extraordinary team of attorneys, who present cases in the best and most efficient manner practicable.” Partners Mark S. Cohen, Lawrence T Gresser, S Gale Dick, C Evan Stewart, and Daniel H Tabak were also noted as “impressive” attorneys in this field. The Legal 500 offers nationwide rankings by reviewing the strengths and strategies of law firms across the country. Founded in 1987, Legalease, publisher of the Legal 500 directories, is a leader in the provision of legal market information, offering authoritative and in-depth analysis and commentary across a broad portfolio of publications, spanning directories, magazines, journals, textbooks, and online. The Legal 500 U.S. 2015 Guide offers nationwide rankings by reviewing the strengths and strategies of law firms across the country.
The Legal 500 United States ranked Cohen & Gresser for its achievements in securities litigation in its recently released 2014 guide. Legal 500 noted that the firm is "young and nimble," naming Mark S Cohen as the leader of a team of "experienced lawyers who work at a more palatable price than competing firms." Lawrence T Gresser and Daniel H Tabak are also recommended in light of their successful dismissal of a short swing profits case for Goldman Sachs, and C Evan Stewart was highlighted in the report as an "incredible trial lawyer with big case experience."
Law360's coverage of the recent Second Circuit ruling which affirmed Wednesday that Goldman Sachs Group Inc. won't have to disgorge nearly $2 million in short-swing trade profits of Leap Wireless International Inc. derivatives, finding Goldman wasn't a statutory Leap insider when it purchased the options in question.
In this C&G Client Alert, Daniel H Tabak, Randall W Bryer and Christine M Jordan explore the background of the amendment and the recent case law interpreting the revised Bankruptcy Code section. The authors conclude with practical advice for defendants amid the continued uncertainty.
- What are the common issues arising in the corporate bankruptcy and insolvency process in today’s market, and how will those issues complicate bankruptcy litigation?
- How have recent court rulings impacted the corporate bankruptcy litigation space, and how are these issues likely to affect parties going forward?
- What are the most significant factors in reaching as positive an outcome as possible for all parties involved in a bankruptcy dispute?