Daniel Tabak has experience in commercial litigation, bankruptcy litigation, complex securities litigation, appellate, 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 by Legal 500’s U.S. guide in its securities litigation coverage each year since 2013 and in its commercial litigation category since 2017. He is recognized as a Litigation Star in the most recent version of Benchmark Litigation and by Super Lawyers as one of the top 100 lawyers in the New York metropolitan area. Dan has been listed as one of New York’s Super Lawyers for business litigation each year since 2014.

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 Tabak has experience in commercial litigation, bankruptcy litigation, complex securities litigation, appellate, and professional liability. His practice focuses on complex commercial disputes with…

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

Member, New York City Bar Association (Former Member of Committee on Professional Responsibility)

Member, American Bar Association

Member, American Bankruptcy Institute

Former Member, Law360's Edtorial Adviosory Board (for Legal Ethics Coverage)

Commercial Litigation

Represent major broker-dealer in purported class action resulting from network outage.

Represent private equity fund in finder’s fee dispute.

Obtained dismissal of all claims against major radio personality resulting from telephone call aired on radio.

Represented marketer of weather-related accessories in litigation and arbitration regarding post-merger earn-out dispute.

Regularly advise major private equity firm on compliance issues, contractual disputes, and litigation due diligence for potential acquisitions.

Represented real estate development company in dispute regarding $940 million lease.

Represented 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.

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Bankruptcy and Bankruptcy Litigation

Represent Hulk Hogan in bankruptcies of Gawker and its founder.

Represented family member in adversary proceedings brought by trustee in highly-publicized Ponzi scheme.

Successfully obtained voluntary dismissal of securities broker and continue to represent former shareholders in litigation alleging fraudulent conveyances resulting from debtor’s LBO.

Represented cosmetics company in adversary proceeding brought by debtor that had been a major customer.

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Securities and Derivative Litigation and Investigations

Represent broker-dealers in arbitration of customer disputes.

Obtained dismissal and subsequent Second Circuit affirmance of Section 16(b) litigation against major investment bank in case of first impression.

Represented bank in class certification discovery of $50 billion class action lawsuit.

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For the eighth consecutive year, Cohen & Gresser has been ranked as a recommended New York law firm by Benchmark Litigation. In addition to the firm’s ranking, firm co-founder Mark S Cohen and partner Daniel H Tabak were individually recognized as Litigation Stars in the publication’s 2020 guide.
We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.

Legal 500 has once again recognized Cohen & Gresser in its United States guide. The firm is recognized for its excellence in the following categories:

  • Corporate Investigations/White Collar
  • Corporate Investigations/White Collar – Advice to Individuals
  • General Commercial Disputes
  • Securities Litigation Defense

Legal 500 notes that C&G has “impressive cross border capabilities and is often retained by clients in multijurisdictional disputes” and that our disputes team members are “true litigators, focused, and thoughtful - no stone is left unturned.”

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.

We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

Daniel H Tabak is quoted in The Wall Street Journal regarding client, Hulk Hogan, and the sale of Gawker.com to Bustle owner Bryan Goldberg.  Dan led Hogan's legal team in the Gawker bankruptcy, which resulted in a settlement entitling Hogan to $31 million plus 45% of the proceeds of the Gawker.com sale.  The gossip news site filed for bankruptcy in June 2016  after a Florida jury awarded Hogan $140 million in his invasion of privacy suit.

Photo: Hulk Hogan and Daniel H Tabak

Legal 500 has once again recognized Cohen & Gresser in its United States guide. The firm is recognized for its achievements in the following categories:

  • Corporate Investigations/White Collar – Advice to Corporates
  • Corporate Investigations/White Collar – Advice to Individuals
  • General Commercial Disputes
  • Securities Litigation Defense

Legal 500 notes that C&G has “an excellent group of sophisticated lawyers” and "has the ability to explain complex structures in plain English.” Nine C&G partners were individually recognized in the guide.

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. 

Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.

Chambers USA and Legal 500's United States guides have recognized Cohen & Gresser and a number of the firm's lawyers for outstanding achievements during the past year in the categories of Commercial Litigation, Securities Litigation, Patents, and Corporate Investigations and White Collar Defense.

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. 

Daniel H Tabak led Hulk Hogan's legal team in the Gawker bankruptcy which resulted in Hogan's $31 million settlement with Gawker. The gossip news site filed for bankruptcy in June of 2016 after a Florida jury awarded Hogan $140 million in his invasion of privacy suit.
Twenty-two of our New York and Washington, D.C.-based attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partners Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to both its list of top 50 women lawyers and top 100 lawyers in the New York metropolitan area.

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:

Legal 500 has recognized Cohen & Gresser for its achievements in securities litigation and white collar criminal defense in its recently released 2016 U.S. guide. The guide notes C&G's "outstanding" white collar defense group and its "seasoned securities professionals who are smart, aggressive, and yet user-friendly."

Gawker Media chief Nick Denton will likely be forced to file for personal bankruptcy after a New York judge on denied the company’s request to temporarily shield him from Hulk Hogan’s $140 million sex tape judgment.  Dan Tabak is leading the team representing Hogan in the bankruptcy. 

Yesterday, the U.S. Supreme Court declined to establish a narrow interpretation of “actual fraud” in determining whether debts can be discharged through bankruptcy, overturning the Fifth Circuit and endorsing a broader view of a provision that bars parties from shedding debts obtained under false pretenses. In this article, Dan Tabak along with other top attorneys from across the city tell Law360 why the Husky International Electronics Inc. v. Ritz decision is significant.

We are pleased to announce that twenty-two of our New York-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in New York receive this honor.

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 U.S. Supreme Court recently ruled that corporations and individuals do not have an absolute right to immediately appeal the rejection of a bankruptcy plan. C&G Partner, Daniel H Tabak, speaks to Law360 about why the decision is significant.

Each year, Law360 selects a small group of practitioners from across the country in each of its practice area and industry groups to aid in shaping the publication’s editorial content for the following year. This year, five C&G attorneys were named as Law360 Editorial Advisory Board Members: 
 

- Mark S Cohen, Partner:  White Collar Advisory Board

- Robert J Gavigan, Partner: Mergers & Acquisitions Advisory Board

- Bonnie J Roe, Partner:  Private Equity Advisory Board

- Daniel H Tabak, Partner: Legal Ethics Advisory Board

- Christopher M P Jackson, Counsel: Life Sciences Advisory Board

 

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.

Over the past few years, forum selection bylaws have become an established part of corporate governance. This trend has gained momentum during the past few months as such provisions have gained both judicial and legislative support. On the judicial side, most courts have enforced such bylaws. And, on the legislative side, recent amendments to Delaware law now provide statutory support for some uses of forum selection bylaws. This update provides more detail on these key developments and explores how companies should think about forum selection bylaws going forward.

Two hot topics in client conflicts have been client affiliate conflicts and advance conflict waivers.   A recent decision in the Western District of Pennsylvania addressed the intersection of these two topics using a novel approach, construing a law firm’s advance waiver provision as an agreement that created client conflicts that would not otherwise exist.  This article discusses the decision and provides suggestions on how law firms can insulate themselves from suffering  similar unintended results.

Published by Bloomberg BNA, the treatise covers all aspects of the FINRA arbitration process, including prehearing matters, motion practice, hearings, and awards, and also provides a detailed guide to FINRA investigations and enforcement actions. 

The Delaware Court of Chancery has again affirmed the validity of exclusive forum bylaws.  This time the bylaw selected North Carolina, and not Delaware, as the forum.  By honoring a choice of forum outside of Delaware, the case helps pave the way for a wider acceptance of exclusive forum bylaws.  The case also suggests that an exclusive forum bylaw may be adopted on the eve of a merger, thus increasing the usefulness of these bylaws as a defense against multijurisdictional litigation in connection with a change of control transaction.

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Conflicts of interest is an ethical area that poses many challenges for practicing lawyers. These challenges are particularly acute for lawyers who practice in transnational and international law firms. The authors address one of the most prickly of them in the foregoing article.

Parties often opt for arbitration to obtain confidentiality that is unavailable in court proceedings. This alert addresses two recent decisions that address the confidentiality of proceedings before the Delaware Court of Chancery.  In these cases even the Delaware legislature, the agreement of the parties, and genuine confidentiality concerns could not trump the presumption of open public proceedings.

As we have previously noted, exclusive forum bylaws potentially offer protection from the risks of multi-jurisdictional litigation.  Recent developments include the withdrawal of an appeal from a Delaware Court of Chancery decision that found such bylaws facially valid and additional feedback from proxy advisory firms.  This alert provides an overview of questions that remain unresolved and provides guidance to companies and stockholders considering exclusive forum bylaws.

Delving into how exclusive forum charter and bylaw provisions limit certain types of shareholder litigation to the corporation’s jurisdiction of incorporation, this article outlines the potential to reduce or eliminate the cost and strategic difficulties of multijurisdictional challenges to corporate action. 

Partner Dan H Tabak served as a panelist in a webinar for the IPO IP Chat Channel discussing the status of conflict waivers under legal and ethical rules, the various types of advance waivers, and how courts have evaluated the text of the waiver and the surrounding facts in a number of decisions. The panelists will also offer tips for how to negotiate and draft advance waivers that can best serve the needs of both clients and law firms.

The faculty presenting this program will cover all aspects of the Financial Industry Regulatory Authority (FINRA) arbitration process, including prehearing matters, motion practice, hearings, and awards, and will also provide a detailed guide to FINRA investigations and enforcement actions. Leveraging outcomes from recent cases and investigations, the aim of this presentation is to arm participants with the tools and knowledge needed to effectively litigate for their clients who may find themselves as parties in these types of proceedings.

To register, please click here

Each year, the New York State Bar Association (NYSBA) hosts its Ethics for Corporate Counsel program which covers ethical issues facing attorneys and other business entities. This year, C&G partner Daniel H Tabak will sit on the Current Issues & Best Practices panel. 

Bankruptcy Basics provided an introduction to fundamental bankruptcy concepts. The presentation outlined the basic bankruptcy process, the different chapters of bankruptcy, how claims are filed, adjudicated, and paid, and how court proceedings function.