Schulte Roth & Zabel LLP > Washington DC, United States > Firm Profile
Schulte Roth & Zabel LLP Offices
901 Fifteenth Street,
NW, Suite 800
Washington, DC 20005
DISTRICT OF COLUMBIA
United States
Schulte Roth & Zabel LLP > The Legal 500 Rankings
Finance > Financial services regulation
Schulte Roth & Zabel LLP‘s New York-based regulatory specialists are adept at tackling issues pertaining to a range of private funds, advising hedge, private equity and VC fund managers on SEC investigations and internal compliance procedures, and with an increasing focus on the matters straddling the boundary between fund regulations and generative AI. The practice is also noted for its work in the broker-dealer sector, where it focuses on Dodd-Frank and Volcker Rule compliance in addition to liaising with FINRA and the SEC, including regarding the proposed Consolidated Audit Trail program. Craig Warkol and Julian Rainero specialize in broker-dealer regulatory enforcement matters, including those tied to securities trading. Co-managing partner Marc Elovitz and Kelly Koscuiszka guide fund managers through the Investment Advisers Act of 1940, with the former also assisting with digital asset trading and blockchain issues. Banking regulatory issues are the primary focus of Donald Mosher‘s practice, which encompasses the licensing of money transmitters and payment processors.Practice head(s):
Craig Warkol; Donald Mosher; Julian Rainero; Marc Elovitz; Kelly Koscuiszka
Key clients
AB CarVal Investors LP
Anchorage Capital Group, L.L.C.
Bayview Asset Management, LLC
Brookfield Investment Management Inc.
Cerberus Capital Management, L.P.
Clear Street LLC
Dash Financial Technologies LLC
Engine No. 1
Fidelity/National Financial Services LLC
Industrial and Commercial Bank of China Financial
Instinet, LLC/Nomura Group
Interactive Brokers LLC
LeveL ATS
Nexo Capital Inc.
Olympus Peak Asset Management LP
Pantera Capital
Robinhood Securities, LLC
Société Générale S.A./ SG Americas Securities, LLC
Tiger Global Management, LLC
Tudor Investment Corporation
Ant Group
Brex Inc.
Circle Internet Financial, LLC
Entrata, Inc.
Fiserv
Nexo Capital Inc.
Visa Inc.
Walmart Inc.
The Western Union Company
WorldRemit Ltd. (Zepz)
Work highlights
- Advised Portfolio Advisors as special regulatory counsel in a definitive agreement to combine with FS Investments.
- Represented Nexo Capital Inc. in the resolution of parallel investigations brought by the SEC, CFPB, and numerous state regulatory agencies related to the company’s offering of an interest-earning product.
- Assisted Ant Group and Alipay in all phases of the money transmission licensing application process.
Investment fund formation and management > Alternative/hedge funds Tier 1
Schulte Roth & Zabel LLP‘s deep bench boasts some of the ‘most knowledgeable experienced,‘ lawyers in the alternative hedge funds space, representing a wide range of major asset and capital management clients. Handling liquid funds and investment structuring, Stephanie Breslow co-leads the team with David Efron and Peter Greene. David Nissenbaum also leads the team, assisting with a number of hedge fund and credit fund manager matters and leading on the Kepos Capital LP carbon-focused product launch, while Greene leads on representing the largest female-led hedge fund launch in the industry. The firm handles a significant volume of hedge, hybrid, and credit funds, and regularly advises investment managers on regulatory and compliance matters. Eileen Overbaugh is another name to note, representing an emerging hedge fund manager in negotiating a strategic investor arrangement. Jennifer Dunn left the firm in May 2024. All lawyers mentioned are based in New York.Practice head(s):
Stephanie Brewslow; David Efron; Peter Greene; David Nissenbaum
Other key lawyers:
Testimonials
‘The team at Schulte Roth & Zabel is among the most knowledgeable and experienced in the Alternative Fund Industry.’
‘The lawyers, not just Partners, but also Senior Associates and Counsel, are not just well versed in the law, they understand our business and can help make decisions.’
Key clients
Bayview Asset Management, LLC
Cerberus Capital Management, L.P.
Decade Renewable Partners LP
Forest Avenue Capital Management LP
GoldenTree Asset Management
Pantera Capital Management LP
Sellaronda Global Management LP
SurgoCap Partners LP
Troluce Capital Advisors, LLC
Vestal Point Capital, LP
Work highlights
- Advised SurgoCap Partners LP in connection with the largest female-led hedge fund launch in the industry’s history, involving parent level, fund level and regulatory complexities.
- Represented Sellaronda Global Management LP in connection with its formation as an investment management firm, as well as the formation and launch of its flagship fund structure and negotiation of a strategic investor arrangement.
- Represented Vestal Point Capital, LP, in connection with the formation of an investment management firm, as well as the formation and launch of a flagship fund structure and a parallel managed account.
M&A/corporate and commercial > Shareholder activism Tier 1
Appreciated for its ‘focus on precision, quality and effectiveness‘, the shareholder-side offering at Schulte Roth & Zabel LLP‘s New York office is one of the country’s standout, dedicated departments in the field. Beyond its expertise in core campaigns and filings, the practice includes leading practitioners for campaign strategizing, corporate governance, proxy rules, spin-offs and co-investments involving activists. The team also ensures close collaboration with its securities, litigation, tax, antitrust, and investment funds practices. Per one client, practice co-head Eleazer Klein ‘has earned his reputation for being the most thoughtful and able lawyer working for shareholder activists‘. Overseeing the department alongside Klein is Marc Weingarten, whose varied practice encompasses shareholder activism as well as M&A and securities law. Adriana Schwartz is another key contact who is well regarded for her securities-focused advice to activist shareholders. January 2024 partner appointment Sean Brownridge has experience leading associate teams in some of the firm’s highest-profile matters, and Brandon Gold (based in Washington, DC) also stands out.Practice head(s):
Eleazer Klein; Marc Weingarten
Other key lawyers:
Adriana Schwarz; Brandon Gold; Sean Brownridge
Testimonials
‘The most able and knowledgeable team that works for investors, with a focus on precision, quality and effectiveness.’
‘Eleazer Klein has earned his reputation for being the most thoughtful and able lawyer working for shareholder activists. Great instincts and knowledge.’
‘SRZ provides a complete service offering for hedge fund clients and they deliver all of those services as needed on a matter-by-matter basis. The shareholder activism practice is one of the most active on the Street and is the best provider given the experience and skill level of the practitioners in it – I have been working with them for more than 10 years. The team is also incredibly hardworking and always available.’
‘Ele Klein’s mastery of the rules, regulations and technical considerations of not just activism but all of the surrounding securities law issues is better than anyone else on the Street. He brings practical skill and insight from having so much deal and negotiating experience, but the overlay of his technical skill, and brilliant legal mind, delivers unparalleled advice and allows him to anticipate issues and to see around corners that ordinary people do not.’
‘Sean Brownridge is a standout star.’
Key clients
D. E. Shaw & Co.
Elliott Investment Management L.P.
Farallon Capital Management LLC
JANA Partners LLC
Politan Capital Management LP
Saba Capital Management, L.P.
Starboard Value LP
TCI Fund Management Limited
Trian Fund Management, L.P.
Voce Capital Management LLC
Work highlights
- Advised Trian Fund Management on its $1bn investment in, and public campaign for change at, The Walt Disney Company.
- Represented Starboard Value in its engagement with Salesforce, advising on various aspects, including securities law matters and Starboard’s negotiations with the company and its leadership.
- Represented Politan Capital Management in its engagement with Masimo Corporation.
Finance > Structured finance: securitization Tier 2
The expertise of the ‘extremely knowledgeable’ team at Schulte Roth & Zabel LLP encompasses a broad range of securitization matters, with capabilities in numerous asset classes, from litigation funding to solar energy loans to life settlements. The firm also maintains a strong CLO capability, with experience handling arbitrage cash flow CLOs. Craig Stein, practice co-head, specializes in CLO matters for key clients at the firm. His fellow practice head, Boris Ziser, focuses on securitizations across an array of asset classes, including life settlements, equipment leases, lottery receivables, timeshare loans and litigation funding. Adam Singer, who was promoted to partner in January 2023, advises underwriters, issuers, lenders and borrowers in a broad range of asset classes. Andrea Mandell leads on tax matters surrounding the securitization space. Phillip Azzollini is noted for his work on warehouse transactions and private CLO offerings. All lawyers mentioned are in New York.Practice head(s):
Craig Stein; Boris Ziser
Other key lawyers:
Testimonials
‘The team at Schulte is extremely knowledgeable and experienced in the structured finance sector; they add significant value to our business above and beyond legal advice.’
‘The firm’s practice distinguishes itself through its attention to detail.’
‘Boris Ziser is irreplaceable. His market knowledge and network is broad. We would not be half as successful as we are without his work.’
‘Adam Singer works with me directly on most deal transactions and does an excellent job. He is highly recommended.’
‘Phil Azzollini is the best. He lives and breathes client service and is extraordinarily conscientious. He has an encyclopedic memory of our deals and past issues.’
‘Craig Stein is a market leader in securitization and the practical and timely advice he provides is invaluable.’
‘Boris Ziser and his team have done an outstanding job at helping us execute on a number of securitizations related to litigation finance.’
‘Boris Ziser is an amazing attorney.’
Key clients
Allstate Investment Management Company
AS Birch Grove
Barings LLC
Blackstone, Inc.
Brightwood Capital Advisors, LLC
Cerberus Capital Management, LP
Fortress Investment Group LLC
GoldenTree Loan Management, LP
Gramercy Funds Management
Marathon Asset Management, LP
Mizuho Securities USA LLC
Natixis Securities Americas LLC
PPM America, Inc.
Romark Credit Advisors LP
Work highlights
- Represented Cerberus Business Finance, LLC in the structuring and negotiation of multiple new-issue CLO transactions, secured primarily by US middle-market commercial loans, with an aggregate value of approximately $1.9 billion.
- Acted as lead counsel and advised Gramercy Funds Management as lender in a litigation funding transaction, with a $552.5 million secured loan to Pogust Goodhead.
- Advised GoldenTree Loan Management II, LP, the portfolio manager, on the creation of a series of arbitrage cash flow CLOs during the past year with an aggregate value of approximately $1.6 billion.
M&A/corporate and commercial > M&A: middle-market ($500m-999m) Tier 2
Representing leading middle-market private equity funds and portfolio companies in connection with M&A, divestitures, and venture investments, the Schulte Roth & Zabel LLP practice displays particular strengths in the automotive, financial services, and tech industries. Shareholder activism and securities law expert Eleazer Klein co-leads the New York based team with Brian Miner, who primarily handles private equity transactions and cross-border acquisitions. Benjamin Kozinn assists clients with middle-market buyouts and venture investments, Jeffrey Symons focuses on joint ventures and corporate finance affairs, and Adriana Schwartz is a regulatory specialist. Since joining the firm from Weil, Gotshal & Manges LLP in October 2023, Damian Petrovic concentrates on SPAC transactions and carve-outs. Lauren Troeller and Ryan Post are further key contacts.Practice head(s):
Eleazer Klein; Brian Miner
Other key lawyers:
Key clients
AB CarVal Investors LP
APCO Holdings
Blue Torch Finance, LLC
Cerberus Capital Management LP
Deep Track Capital LP
Levine Leichtman Capital Partners
LLR Partners
Lovell Minnick Partners LLC
Mill Point Capital LLC
Perceptive Advisors LLC
Staple Street Capital
The WindAcre Partnership LLC
Work highlights
- Advised the WindAcre Partnership on its negotiation and entry into a consortium that ultimately took Nielsen Holdings private.
- Advised Lovell Minnick Partners on its majority investment in S&S Health.
- Advised National Auto Care on a series of acquisitions.
Investment fund formation and management > Private equity funds (including venture capital) Tier 3
Schulte Roth & Zabel LLP is well equipped to handle a broad range of funds in the private equity space, where they cover credit funds, special opportunity funds, real assets as well as new developments in the area such as hybrid funds focused on blockchain and cryptocurrencies. Overseeing the New York based department are Stephanie Breslow, who has expertise in the formation of private equity funds and the management and structuring of investment management businesses, Peter Greene, who is well versed in compliance and regulatory requirements for asset management companies, and alternative investments lawyer David Nissenbaum. Further key names in the team are liquidity funds lawyer Heather Wyckoff, real estate funds expert Phyllis Schwartz , and Joseph Smith, who clients praise as ‘first rate’. Among the team changes in the last year were the partner promotions of Daniel Blumenthal and John Weldon in January 2023.Practice head(s):
Stephanie Breslow; Peter Greene; David Nissenbaum
Other key lawyers:
Heather Wyckoff; Phyllis Schwartz; Joseph Smith; Daniel Blumenthal; John Weldon
Testimonials
‘The Fund formation team is very good at working with our unusual structure requests. Particularly in coordinating with our outside tax advisors.’
‘Joseph Smith is first rate.’
‘SRZ are very responsive and no matter what question we ask, they have an expert to answer. They truly have seen every type of transaction that has been done.‘
‘The team we use is led by Phyllis Schwartz. We are very happy with them.‘
Key clients
Bardin Hill Investment Partners LP
Black Diamond Capital Management LLC
Cerberus Capital Management, L.P.
GoldenTree Asset Management LP
Harlan Capital Partners
Hemisfério Sul Investimentos
LCN Capital Partners, L.P.
Lumina Capital Management
Mill Point Capital
Pagaya Technologies Ltd.
Pantera Capital Management LP
Prime Group Holdings, LLC
Westport Capital Partners
Work highlights
- Advise GoldenTree on the launch of CMV 3.
- Acting as lead fund counsel for Prime Group Holdings.
- Advised Influence Media on the establishment of Influence x Music Fund III, L.P.
M&A/corporate and commercial > Private equity buyouts: middle-market (Up to $500m) Tier 3
Schulte Roth & Zabel LLP‘s New York-based team combines shareholder activism and private equity expertise and is particularly noted for its ability to handle PIPE transactions and preferred equity investments, guiding a series of LPs as well as middle-market sponsors such as Lovell Minnick and Mill Point through deals in the tech, financial services, and insurance sectors, among others. The team is also very active in traditional buyouts, handling buy- and sell-side deals for both sponsors and portfolio companies, and it maintains an active practice in connection with venture and growth investment transactions. PIPE and shareholder activism expert Eleazer Klein co-heads the team with public and private M&A expert Brian Miner. Benjamin Kozinn is a key contact for take-private acquisitions and growth investments, while Adriana Schwartz is noted especially for her preferred equity work. M&A expert Damian Petrovic joined the team from Weil, Gotshal & Manges LLP in October 2023.Other key lawyers:
Benjamin Kozinn; Jeffrey Simons; Michael Flynn; Adriana Schwartz; Damian Petrovic
Key clients
AB CarVal Investors LP
APCO Holdings
Acorn Bioventures
Avoro Capital Advisors
Blue Torch Finance, LLC
Caligan Partners LP
Cerberus Capital Management LP
Deep Track Capital LP
Foundry Digital LLC
Inclusive Capital Partners, L.P.
LLR Partners
Laurion Capital Management LP
Levine Leichtman Capital Partners
Lovell Minnick Partners LLC
Mill Point Capital LLC
Perceptive Advisors LLC
Staple Street Capital
Starboard Value LP
The WindAcre Partnership LLC
Warner Pacific Insurance Agency
Work highlights
- Advised the WindAcre Partnership on its negotiation and entry into a consortium that took Nielsen Holdings private.
- Advised Lovell Minnick Partners on its majority investment in S&S Health.
- Represented National Auto Care in a series of acquisitions.
Tax > US taxes: non-contentious Tier 3
Schulte Roth & Zabel LLP’s transactional tax team in New York is highly active in the investment funds space, advising major hedge funds, private equity firms, and alternative asset managers on a broad range of issues. The practice has considerable experience in the emerging digital economy sector, recently advising Pantera Capital in relation to its investments in cryptocurrency and blockchain venture technology, as well as in the CLO market. Alan Waldenberg has a strong reputation for handling M&A, restructurings and workouts, and international investments, particularly those involving investment funds. He leads the team alongside Shlomo Twerski, recently instructed in relation to hedge fund and management company structures, private investment funds, and FATCA issues. Philippe Benedict is well versed in the tax aspects of securitizations, fund formation and structuring, and spin-offs. David Wermuth regularly represents investment managers, while Elie Zolty’s experience encompasses onshore and offshore investment funds, private equity partnerships, REITs, and real estate joint ventures.Practice head(s):
Alan Waldenberg; Shlomo Twerski
Other key lawyers:
Testimonials
‘David Wermuth is a very talented tax attorney. He is responsive, knows the industry we are in very well and is creative. David is not too conservative but still prioritizes protecting our firm. David is a pleasure to work with.’
Key clients
Alpha Wave Global
Cerberus Capital Management, L.P.
ClearAlpha Technologies
Cloud Capital
Coinbase Asset Management
GoldenTree Asset Management
Pagaya Technologies
Pantera Capital
SurgoCap Partners LP
Vestal Point Capital
Work highlights
- Advised on the formation and operation of a number of Cerberus Capital Management fund products.
- Advised Pantera Capital on the tax structure for its investment funds focused on cryptocurrency and blockchain venture technology.
- Advised One River Digital Asset Management on its merger with Coinbase.
Dispute resolution > Corporate investigations and white-collar criminal defense
With its focus on the financial services sector, Schulte Roth & Zabel LLP is well equipped to advise clients such as financial institutions, broker-dealers, private funds, and investment professionals. In addition to handling cases relating to financial misconduct, the team also advises on a wider range of white-collar matters, including public corruption, FCPA violations, and cybersecurity. Charles Clark and Peter White are based in Washington DC. Clark frequently handles enforcement proceedings before the DOJ and SEC, while White advises both companies and executives on an array of white-collar matters, including false claims, public corruption, and fraud. Located in New York, Craig Warkol has experience advising on securities fraud, insider trading, and market manipulation.Practice head(s):
Charles Clark; Craig Warkol
Other key lawyers:
John Nowak; Peter White; Douglas Koff; McKenzie Haynes
Testimonials
‘They have excellent attorneys who understand the issues and how to communicate with their clients.’
‘Charles Clark and McKenzie Haynes are both very thorough.’
Key clients
Candlestick Capital Management LP
Lockheed Martin Corporation
Murchinson Ltd.
Prime Group Holdings, LLC
Tiger Global Management, LLC
Credit Suisse
Instinet, LLC
Interactive Brokers LLC
Maltese Capital Management LLC
Patriot Financial Partners
Nexo Capital Inc.
Société Générale
Work highlights
- Represented Nexo Capital Inc., a digital asset lending platform, in parallel investigations brought by the SEC, CFPB, and numerous state regulatory agencies related to the company’s offering of an interest-earning product.
- Represented Prime Group Holdings in an investigation by the SEC for allegedly failing to adequately disclose millions of dollars of real estate brokerage fees.
- Representing and advising several hedge funds regarding their obligation to maintain and preserve electronic communications.
Dispute resolution > Financial services litigation Tier 4
Schulte Roth & Zabel LLP’s core client base predominantly consists of notable private investment funds including hedge, private equity, and regulated funds. The group is well-versed in regulatory investigations and enforcement matters, as well as investment activities such as market manipulation and potential insider trading. Leading the team are Charles Clark, based in Washington DC, who co-chairs the firm’s securities enforcement practice, while Craig Warkol and Michael Swartz, both of whom are based in New York, co-chair the firm’s litigation group.Practice head(s):
Charles Clark; Craig Warkol; Michael Swartz
Other key lawyers:
Julia Beskin; William Gussman; Douglass Koff; John Nowak
Testimonials
‘Extremely experienced in litigation.’
‘Extremely hard-working.’
‘Michael Swartz is a stellar litigator who never loses sight of a client’s objectives. He is extremely commercial and pragmatic.’
Key clients
Aimia
Candlestick Capital Management
Credit Suisse
Driver Opportunity Partners
Empery Asset Management
Industrial and Commercial Bank of China Financial Services
Instinet
Interactive Brokers
Maltese Capital Management
Mill Point Capital
Murchinson
Nexo Capital
Pantera Capital Management
Prime Group Holdings
Prophet Capital Management
Société Générale
Tiger Global Management
Work highlights
- Represented Nexo Capital Inc. in parallel investigations brought by the SEC, CFPB and numerous state regulatory agencies related to the company’s offering of an interest-earning product.
- Represented Murchinson and two executives in a long-running SEC investigation and related civil litigation relating to trading in the convertible securities of three Greek shipping companies.
- Representing Maltese Capital Management and Patriot Financial Partners in connection with a high-profile dispute over the sale of a stake in a bank.
Dispute resolution > M&A litigation: defense Tier 4
Schulte Roth & Zabel LLP‘s New York office has a compact practice with a solid track record in M&A and securities litigation, notably in matters concerning shareholder activism, proxy contests and corporate control on behalf of prominent businesses, banks, funds, investors and directors. Practice head Michael Swartz, who successfully represented Politan Capital Management in a shareholder activism dispute with Masimo Corporation, and William Gassman, who frequently advises foreign hedge funds, private equity firms, major corporations, investment banks, are the key partners. Partner Julie Beskin joined from Quinn Emanuel Urquhart & Sullivan, LLP in 2023, bringing extensive experience M&A, corporate governance and shareholder disputes, including matters in the Delaware Court of Chancery. Gayle Klein moved to Freshfields Bruckhaus Deringer LLP.Practice head(s):
Michael Swartz
Other key lawyers:
William Gussman; Julie Beskin
Key clients
Axar Capital Management
Eric Bischoff
Cerberus Capital Management
Driver Opportunity Partners
Empery Asset Management
Mill Point Capital LLC
Politan Capital Management
Saba Capital Management
JANA Partners
Work highlights
- Successfully represented Axar Capital Management and its executives in a litigation brought on behalf of StoneMor, Inc, alleging breaches of fiduciary duties related to a sale of StoneMor common stock to Axar in June 2020.
- Defended Saba Capital Management, L.P., a well-known activist investment adviser with more than $9 billion in assets under management, in an expedited litigation concerning its effort to acquire control of Templeton Global Income Fund, a fixed-income fund managed by Franklin Templeton.
- Representing Mill Point Capital in a lawsuit brought by LMM Capital Partners, a private equity firm, related to Mill Point’s acquisition of a prominent ice cream and frozen dessert distributor, E&M.
Dispute resolution > Securities litigation: defense Tier 4
Schulte Roth & Zabel LLP‘s experience in the courtroom is at the heart of its offering in securities and M&A-related cases. For instance, lead partner Michael Swartz secured a major victory for Politan Capital Management LP in a case that could have effectively eliminated shareholder activism as an asset class. The firm is well-regarded for its work in large securities class actions, related derivative litigations and ERISA actions, and has notable expertise in niches such as investment funds litigation, short-swing cases, structured products and SPAC-related matters. William Gussman, who frequently acts for hedge funds, private equity firms, corporations, investment banks, prime brokers, and lenders, and Julia Beskin, who joined from Quinn Emanuel Urquhart & Sullivan, LLP, are also key members of the securities litigation group.Practice head(s):
Michael Swartz
Key clients
Albertsons Companies
Axar Capital Management
Ayrton Capital
Cerberus Capital Management
Driver Opportunity Partners
Empery Asset Management
Engine No. 1 LLC
Prophet Capital Magagement
Politan Capital Management
Saba Capital Management
Work highlights
- Advised Politan Capital Management in its dispute with Masimo Corporation and prevailed in litigation which, if lost, could have eliminated shareholder activism as an asset class.
- Represented Empery Asset Management and led a group of eight defendants that allegedly engaged in short-swing sales in violation of Section 16(b) of the Securities Exchange Act and in connection with their parallel investments in Genius Brands International, Inc.
- Represents Eric Bischoff in two litigations among the shareholders of the iconic Boar’s Head company.
Investment fund formation and management > Mutual/registered/exchange-traded funds Tier 4
Labor and employment > ERISA litigation Tier 4
Noted for representing single and multiemployer pension benefit plans, Schulte Roth & Zabel LLP boasts a wide spectrum of capabilities, from individual and class action lawsuits to withdrawal liability arbitrations and litigations. The group is highly active in advising clients on pension provisions under the American Rescue Plan Act, as well as representing clients before regulatory bodies such as the Department of Labor and the Pension Benefit Guaranty Corporation. Mark Brossman and Ronald Richman leads the employment & employee benefits group from New York. Richman’s practice particularly focuses on employee benefits and restrictive covenant cases and has extensive experience in representing hedge and private equity funds.Practice head(s):
Mark Brossman; Ronald Richman
Key clients
Albertsons Companies
Cerberus Capital Management LP
Consolidated Retirement Fund
Construction Laborers Pension Trust for Southern California
ILGWU Death Benefit Plan
IUE-CWA AFL-CIO Pension Fund
National Retirement Fund
UFCW Giant-Safeway Excess Benefit Pension Plan
UFCW International Union-Albertsons Variable Annuity Pension Plan
UFCW and Safeway Variable Annuity Pension Plan
Work highlights
- Advised a major pension fund on a confidential Department of Labor investigation regarding the processing of pension benefits and a national DOL project investigating call centers.
Dispute resolution > General commercial disputes Tier 5
Schulte Roth & Zabel LLP is noted for its industry-specific expertise in investment funds litigation, post-M&A disputes, and cases related to shareholder activism, in addition to handling a growing volume of cases in novel areas such as cryptocurrency. Head of practice Michael Swartz recently saw success at trial in a series of cases representing Pantera Capital in a dispute with rival company Polychain. Trial lawyer Julia Beskin is another key contact, joining the firm from Quinn Emanuel Urquhart & Sullivan, LLP in May 2023.Practice head(s):
Michael Swartz
Other key lawyers:
Julia Beskin; Taleah Jennings; William Gussman; Randall Adams; Andrew Gladstein
Key clients
Aimia, Inc.
Driver Opportunity Partners I LP
Empery Asset Management
Eric Bischoff
Industrial and Commercial Bank of China Financial Services
Mill Point Capital LLC
Pantera Capital Management
Tulsa Race Massacre Victims
Prophet Capital Management
The Special Committee of the Board of Directors of Kidde-Fenwal, Inc.
Work highlights
- Represented the only known living survivors of the 1921 Tulsa Race Massacre in litigation which is predicated on an extension of Oklahoma public nuisance law by arguing that the criminal acts and destruction of property during the Massacre constituted a public nuisance, which, through the failure to restore the destroyed property, continues to this day.
- Acted for cryptocurrency fund Pantera Capital Management LP in a $1.5bn victory over Polychain Capital.
- Represented Eric Bischoff in two litigations among the shareholders of Boar’s Head in a dispute that will determine corporate control of the meat manufacturer.
Real estate > Real estate finance Tier 5
New York-based firm Schulte Roth & Zabel LLP focuses on real estate finance matters in New York, but also handles deals involving other major cities such as Los Angeles and Miami. The practice advises both lenders and borrowers, and also represents New York landlords and retail tenants in negotiations. Practice head Julian Wise has a wide breadth of experience from multi-tranche mezzanine financings and intercreditor agreements to advising on acquisitions, dispositions, and financings of different asset classes. Seth Henslovitz is key to the team, representing lenders and borrowers in commercial mortgage and mezzanine financings. Ari Aranda is also noted.Practice head(s):
Julian Wise
Other key lawyers:
Key clients
Blackstone Mortgage Trust
The Carlyle Group
Cerberus Capital Management
Dalan Management
The Festival Companies
Fontainebleau Development
Fortress Investment Group
JK Hotel Group
Hawkins Way Capital
MackRealEstateGroup
Meritz Securities
Monday Properties
The Spectrum Group
Work highlights
- Advised JK Hotel Group on its recent acquisition of the iconic Jane Hotel, which will be used to expand the private membership club San Vincente Bungalows.
- Advised Mack Real Estate Credit Strategies on the refinancing of an office building located at 260-261 Madison Avenue in New York.
Real estate Tier 5
Acting for lenders and borrowers, Schulte Roth & Zabel LLP‘s New York-based practice focuses on complex real estate finance mandates, regularly advising on mortgage and mezzanine financings, acquisitions, leases, and joint ventures. With clients including Blackstone Mortgage Trust and The Carlyle Group, the real estate team advises a blend of large investment and private equity funds across a diverse set of asset classes. Julian Wise has extensive experience on transactions and finance structuring, including in senior and multi-tranche mezzanine financings, intercreditor agreements, loan portfolio acquisitions and disposals, and restructurings. Partner Seth Henslovitz is another key name on a range of finance, transactions, and restructuring matters, as is Ari Aranda.Practice head(s):
Julian Wise
Other key lawyers:
Key clients
Blackstone Mortgage Trust
The Carlyle Group
Cerberus Capital Management
Dalan Management
The Festival Companies
Fontainebleau Development
Fortress Investment Group
JK Hotel Group
Hawkins Way Capital
MackRealEstateGroup
Meritz Securities
Monday Properties
The Spectrum Group
Work highlights
- Advised JK Hotel Group in its acquisition of the iconic Jane Hotel, which will be used to expand the private membership club San Vincente Bungalows.
- Advised Mack Real Estate Credit Strategies in the refinancing of an office building located at 260-261 Madison Avenue in New York, which involved negotiations of an intercreditor agreement with JPMorgan as the senior lender.
- Advised Fontainebleau Development in the negotiation of a joint venture agreement and ancillary documents with Discovery Land Company for the acquisition, development and management of high-end residential condominiums and an upscale beach community in Florida.
Finance > Restructuring (including bankruptcy): corporate Tier 6
Schulte Roth & Zabel LLP provides a multidisciplinary approach in providing services in complex out-of-court financial restructurings, Chapter 11 reorganizations and insolvency proceedings. Adam Harris co-chair’s the team and is experienced in corporate restructurings as well as creditors’ rights litigation, whereas Douglas Mintz, in Washington DC advises secured and unsecured lenders. David Karp and Kristine Manoukian are also key names. Lawyers are in New York unless otherwise stated.Practice head(s):
Adam Harris; Douglas Mintz
Other key lawyers:
Testimonials
‘The practice is aggressive in defending creditor rights but also knows when to give / where to give in order to keep legal fees down and move the process forward.’
‘I find the partners to be very commercial. I believe this is a differentiating factor for Schulte.’
Key clients
Kidde-Fenwal, Inc (KFI)
Foundry Digital LLC
Cerberus Business Finance, LLC
Trimark Tranche B Term Loan Holders
Pacific Investment Management Company LLC (PIMCO)
Blue Torch Finance, LLC
Invictus Global Management LLC
Cantor-Katz Collateral Monitor LLC
Multiple creditors with claims against FTX Trading Ltd.
MatlinPatterson Global Advisers
Brook Taube and Seth Taube
Paradox Fund SPC/FRNT Financial Inc
Groombridge, Wu, Baughman & Stone LLP
Wave Digital Assets LLC
Work highlights
- Advised Kidde Fenwal, Inc in connection with its bankruptcy case and internal investigation of claims related to fire suppression chemicals regarding the viability of potential third party claims against Carrier, RTX Corporation.
- Advised Foundry Digital in a number of major crypto-related acquisitions and bids for crypto mining sites and related assets in several recent crypto bankruptcy cases.
- Advised Cerberus Business Finance in connection with more than $200 million in loans made to celebrity cosmetics company Forma Brands and its affiliates.
Finance > Fintech
Intellectual property > Patents: litigation (full coverage)
Schulte Roth & Zabel LLP > Firm Profile
Firm Management: David Efron (Co-Managing Partner), Marc Elovitz (Co-Managing Partner), Stephanie Breslow, Josh Dambacher, Susan Frunzi, Eleazer Klein, Michael Swartz, Julian Wise, Boris Ziser, Richard Piotrowicz (CFO), Brian Schare (COO)
Number of partners: 79
Number of other lawyers: 358
Firm Overview:
As one of the leading law firms serving the financial services industry, Schulte Roth & Zabel LLP serves clients from strategically located offices in New York, Washington, DC and London. SRZ regularly advises on corporate and transactional matters, as well as provides counsel on regulatory, compliance, enforcement and investigative issues. The firm takes a cross-disciplinary approach to client service by employing the expertise of multiple practice groups, and SRZ lawyers are recognized for their ability to develop cutting edge solutions for their clients’ most complex legal and business challenges.
Main Areas of Practice:
Bank Regulatory:
SRZ advises a large and diverse group of financial institutions on chartering issues, legal and regulatory compliance, structuring of new businesses and products, payments practices and technologies, and US and international transactions, including financings, acquisitions and investments.
Broker-Dealer Regulatory & Enforcement:
SRZ provides regulatory and compliance advice to broker- dealers and other financial services firms and handles SEC and SRO examination and enforcement matters. SRZ also assists banks and hedge funds in their dealings with broker-dealers, and acts as regulatory counsel in connection with acquisitions involving broker-dealers.
Business Reorganisation:
SRZ provides critical counsel to domestic, foreign and international secured creditors, unsecured creditors, debtor- in-possession lenders, acquirers, equity holders, plan sponsors and others in Chapter 11 reorganisations and out-of-court workouts.
Employment & Employee Benefits:
SRZ represents clients with respect to the entire employment relationship. With an emphasis on preventing employment disputes, SRZ advises employers on all aspects of labour relations and collective bargaining, benefits law and ERISA, and any necessary representation in litigation or arbitration.
Environmental:
SRZ counsels major institutions and Fortune 500 companies on a wide range of national and international environmental issues. It also advises on preventive methods, and has both the technical knowledge and legal experience necessary to provide the best advocacy.
Finance & Derivatives:
SRZ is a leader in complex financings, structured finance and derivatives. In addition to structuring, drafting and negotiating financing transactions, SRZ assists with regulatory filings and compliance issues. SRZ covers the entire debt stack, including advising on middle-market and large-cap leveraged transactions, representing both traditional and alternative lenders. SRZ advises in debt financing transactions, including lender representations on behalf of banks, commercial finance companies, private investment funds and BDCs, as well as borrower representations on behalf of private equity clients and their portfolio companies or other corporates. SRZ’s clients include investors, lenders, hedge funds, private equity funds and finance companies in all areas of securitization and asset-backed lending, including securitization, senior secured and subordinated loans, revolving credit, warehouse facilities and commercial paper conduits. SRZ has a a particular focus on the securitization and financing of “off-the-run” and esoteric assets.
Individual Client Services:
Representing many of the nation’s wealthiest individuals, SRZ advises on tax planning, succession planning, charitable giving, will contests and family law matters, including mediation of large divorce matters.
Intellectual Property, Sourcing & Technology:
SRZ has expertise in all aspects of intellectual property law, including patents, trademarks, copyrights, unfair competition and trade secrets, portfolio monetisation and information technology licensing, development and outsourcing.
Investment Management:
SRZ is the most sought-after law firm for the world’s leading private investment funds and managers. With a great depth of practice, SRZ provides across-the-board expertise. The firm advises on the formation and operation of a wide array of funds with varying investment strategies, including hedge funds, private equity funds, credit funds, distressed funds, real estate funds, activist funds, hybrid funds, blockchain technology, digital assets and litigation finance, among others.
Litigation:
SRZ’s litigation group has premier capabilities in both complex commercial litigation and the specialised areas of securities enforcement, white collar criminal defence and investigations and prosecutions (AML, OFAC and FCPA matters). Clients benefit from our litigators’ extensive trial experience and proven track record of success in complex civil and criminal matters, as well as its negotiation and dispute resolution expertise.
Mergers & Acquisitions:
SRZ regularly advises on M&A deals worth billions of dol- lars, and has experience working with some of the most talented foreign law firms in the world on cross-border deals. SRZ works on public and private transactions, proxy contests, spin-offs and joint ventures, regularly tackling some of the most complicated deals for many of the world’s largest private equity funds.
Real Estate:
SRZ represents a significant number of participants in the real estate sector. The firm handles a wide variety of complex and sophisticated transactions, including acquisitions, dispositions, joint ventures, development, construction lending, financing, mezzanine lending, workouts, restructurings, REITs and commercial lending.
Regulatory & Compliance:
SRZ is one of only a few law firms with a dedicated regulatory and compliance practice within its private funds practice. SRZ has specialised expertise on issues private fund managers face in setting up, running and growing their businesses. SRZ also provides compliance reviews, training on compliance issues, and assistance in drafting policies and procedures.
Securities & Capital Markets:
SRZ provides transactional and ongoing regulatory and compliance advice for US and non-US participants (issuers, investors, banks) of all sizes and stages, across all major industries, engaging in US and global capital markets transactions, including: SEC registered, Regulation D, Rule 144A and Regulation S offerings.
Shareholder Activism:
As the dominant global law firm for shareholder activism, SRZ assists with all matters relating to activism, including campaign strategies, corporate governance, proxy rules, trading and affiliate rules, Sections 13 and 16 compliance, antitrust regulations, federal and state securities and corporate laws, tax and regulatory issues and litigation.
Tax:
SRZ provides tax planning for mergers, sales and other dispositions, and acquisitions and leveraged buyout arrangements, including analysis of cross-border financing and transfer-pricing issues. The firm’s tax lawyers structure sophisticated financing transactions and advise on special tax issues confronting foreign investors making corporate, portfolio securities and real estate investments in the US. Tax advice is also provided to managers of domestic and foreign hedge, private equity and mutual funds.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Co-Managing Partner and Investment Management | David Efron | ||
Co-Managing Partner and Investment Management | Marc Elovitz | ||
Investment Management | Stephanie Breslow | ||
Investment Management | Josh Dambacher | ||
Individual Client Services | Susan Frunzi | ||
M&A and Securities | Eleazer Klein | ||
Litigation | Michael Swartz | ||
Real Estate | Julian Wise | ||
Structured Finance | Boris Ziser | ||
CFO | Richard Piotrowicz | ||
COO | Brian Schare | ||
Lawyer Profiles
Photo | Name | Position | Profile |
---|---|---|---|
Mr Charles Clark | Charles J. Clark is a nationally acclaimed securities lawyer. Initially recognized for… | View Profile | |
Mr Adam Hoffinger | Adam S. Hoffinger is co-chair of the firm’s White Collar Defense &… | View Profile | |
Mr Howard Schiffman | Nationally known in the area of securities litigation and regulatory developments, Howard… | View Profile | |
Mr Peter White | Peter H. White is co-chair of the Litigation Group and a member of… | View Profile |
Staff Figures
Number of Partners : 81 Total Number of Fee-Earners : 346Other
Other Offices : London Other Offices : Washington, DCLegal Briefings
-
US authorities set an aggressive white-collar enforcement agenda after historic lull
In the United States, the Department of Justice (DoJ), including the regional US Attorney Offices, have federal criminal enforcement authority. Certain state regulators including District Attorneys and Attorneys General have criminal authority for state-level offences. There are several federal regulatory agencies who are very active in regulating the financial services arena, but who are limited … -
US DOJ’s renewed focus on individual prosecutions presses limits
In the United States, the Department of Justice (DOJ) is chiefly responsible for prosecuting white-collar crime. While white-collar enforcement significantly declined during the past presidential administration, current DOJ leadership has pledged to take a more aggressive approach. To that end, in September 2022, Deputy US Attorney General Lisa Monaco announced changes to DOJ’s corporate enforcement …
- Finance > Financial services regulation
- Investment fund formation and management > Alternative/hedge funds
- M&A/corporate and commercial > Shareholder activism
Top Tier Firm Rankings
- Finance > Structured finance: securitization
- M&A/corporate and commercial > M&A: middle-market ($500m-999m)
Firm Rankings
- Investment fund formation and management > Private equity funds (including venture capital)
- M&A/corporate and commercial > Private equity buyouts: middle-market (Up to $500m)
- Tax > US taxes: non-contentious
- Dispute resolution > Corporate investigations and white-collar criminal defense
- Dispute resolution > Financial services litigation
- Dispute resolution > M&A litigation: defense
- Dispute resolution > Securities litigation: defense
- Investment fund formation and management > Mutual/registered/exchange-traded funds
- Labor and employment > ERISA litigation