Among others, Mark Twain (possibly apocryphally) said:  “to get the attention of a mule, hit him over the head with a 2 by 4.”  Similarly, within the framework of the legal Canons of Ethics, a lawyer should litigate agressively while at the same time knowing when more evenhanded discussions are the better course.

Robert B. Weintraub P.C. represents private parties including corporations, partnerships, medium-sized and small businesses, individual business men and women, non-profits and individual investors, in large dollar value business matters.  Also representing parties in class actions, arbitrations and mediations.  Pro bono antitrust, foreign policy and defense policy involvement, including Chair of an NGO defense-related policy committee

• Extensive federal court litigation experience in federal district courts across the United States, complaint through discovery including depositions and motion practice, trials and appeals. Related counseling issues
• Extensive arbitration experience, before various arbitration forums including securities industry SROs representing either investor-plaintiffs, broker-dealer employees or former employees in employment disputes, or corporate defendants including broker-dealers, and AAA contract actions. Also, former arbitrator before industry SROs.
• New York State court litigation, complaint through discovery and trial, and related counseling, principally in business-related breach of contract actions
• Subject matter areas include securities, antitrust, business-related breach of contract actions and business contract negotiation
• Securities law experience includes both litigation and counseling, under, among other statutes, the Securities Exchange Act of 1934 and the Securities Act of 1933
• Antitrust law experience includes Sherman Act §§ 1 and 2, Clayton Act § 7
• Broad-based class action experience, representing mainly plaintiffs but also defendants, in the financial services industry and specifically Wall Street, broker-dealer, and FLSA employee issues.
• Derivative litigation experience concerning whether a Board of Directors breached its fiduciary duty obligations, usually under Delaware Corporation Law, with respect to either catastrophic events or as a seller in a merger/acquisition (M&A)
• Former General Counsel of New York Stock Exchange full-service broker-dealer investment bank
• FLSA class and collective actions, mainly representing defendants
• Negotiate and draft employment contracts/separation agreements in broker-dealer industry
• Mediator, United States District Court, Southern District of New York, in FLSA class and collective actions, individual employment disputes, corporate breach of contract disputes, antitrust and securities actions
• Antitrust counseling for arbitrageurs concerning mergers or acquisitions of publicly traded companies, principally under Section 7 of the Clayton Act (the Cellar-Kefauver Act)
• Appellate briefs and oral argument
• United States Supreme Court Petitions for Certiorari
• Representative Industries include: Financial services, broker-dealer, investment banking, mutual funds, variable annuities, petroleum, commercial and retail banking, corporate breach of contract disputes, motion picture, recording, technology manufacturing
• Represent corporation before Disciplinary Committee where corporation was seeking to have its prior attorney disbarred for stealing corporate funds
• Mr. Weintraub has testified before the United States Senate, Committee on Finance, on antitrust issues in health care reform
• Many diverse bar association committees including Federal Courts, Securities Litigation, Military Affairs & Justice, European Affairs, Sports Law, Banking Law, New York City Affairs, International Arms Control and Security Affairs, and Council on International Affairs
• Numerous publications and speaking engagements
• See more detailed resume on inside page of this Website

Bar Memberships

• New York State Bar
• District of Columbia Bar
• U.S. District Courts, Southern District of New York, Eastern District of New York, Eastern District of Michigan
• U.S. District Courts, Central District of California, Northern District of California (pro hac)
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Federal Circuit
• U.S. Supreme Court

Education Summary

• Mr. Weintraub graduated from Georgetown Law School where he was an Executive Board member and Articles Editor of Law and Policy in International Business, the Georgetown Journal of International Law. He received his undergraduate degree from Syracuse University, graduating cum laude, with a degree in Political Science