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Joel S. Weiss

Partner

Litigation

Joel S. Weiss

Biography

Joel Weiss joined the firm in 1986 and practices commercial litigation with particular emphasis on securities and other corporate litigation matters. Joel has had a broad range of experience in all types of securities litigation, including the defense of securities class actions and derivative actions, tender offer litigation, SEC enforcement and regulatory proceedings, Exchange disciplinary and other administrative proceedings before self-regulatory organizations, securities arbitrations on behalf of both claimants and respondents, and criminal and internal corporate investigations concerning securities transactions. Joel has served as lead or liaison defense counsel in numerous multiple-defendant securities actions.

Joel’s extensive commercial litigation experience also includes bankruptcy, contract, UCC, intellectual property (patent infringement, trade secret, trademark, trade name and unfair competition), insurance coverage, antitrust, employment discrimination, commercial real estate, business fraud and other business torts, misappropriation, embezzlement, and defamation matters. He has tried cases and argued appeals in federal and state courts throughout the nation and has arbitrated numerous matters before the American Arbitration Association, the International Chamber of Commerce, and various securities exchange arbitral panels.

Joel’s experience in complex commercial matters, as well as his background in computers and programming, have also led to his involvement in transactional matters, including the negotiation and drafting of website and other software development agreements.

Publications, Speeches, & Representative Cases

In re Prudential Securities Limited Partnerships Litigation, MDL No. 1005. Joel served as defense liaison counsel in this consolidated multi-district securities class action litigation. Joel successfully concluded a complex and innovative settlement through which several illiquid limited partnerships were reorganized and combined into a newly created business trust and real estate investment trust that are now publicly traded on the American Stock Exchange.

Rowe Price v. Evanston Insurance Co. (D. Md.) and American Century v. American International Specialty Lines Ins. Co. (S.D.N.Y.). Joel successfully prosecuted and settled two separate multimillion-dollar cases in federal courts in New York and Baltimore concerning insurance coverage for patent infringement liability.

Defending Securities Class Actions After the 1995 Reform Act, 3 The Alert 23 (December 1998)

Principal Speaker, Securities Class Actions: What’s New, What’s Old and What to Do if You’re Sued, before the American Corporate Counsel Association in New York, New York (November 1997)

Speaker and Panelist, Current Perspectives on Takeovers of Limited Partnerships, at the annual meeting of the American Bar Association in San Francisco, California (August 1997)

Tender Offers for Limited Partnership Units: A Hot, and Not So Hot, Trend Sweeping the Limited Partnership Industry, 19 BANK AND CORP. L. REV. 191 (1997)

Holding Tusculum B.V. v. S.A. Louis Dreyfus & Cie, ICC No. 8082/HV (1996). Joel was lead trial counsel for this multimillion-dollar international arbitration, which concerned disputes between the Dutch and French co-owners of the largest oil refinery in Germany and required eight weeks of hearings conducted in London, Hamburg, Montreal, New York, and Washington, D.C. that produced an arbitral award in favor of our client.

Litman v. Prudential-Bache Properties, Inc., [1993- 94 Transfer Binder] Fed. Sec. L. Rep.97,313 (Del. Ch. 1993), and 611 A. 12 (Del. Ch. 1992), aff’d, C.A. No. 12137 (Del. 1994). Joel successfully argued before the Delaware Chancery Court and Delaware Supreme Court one of the seminal cases in Delaware on the issue of “corporate” governance of limited partnerships.

Nordberg v. Arab Banking Corporation, 904 F.2d 588 (11th Cir. 1990), and Nordberg v. Societe Generale, 848 F.2d 1196 (11th Cir. 1988), which are two of the leading cases that established the “control” test for initial transferee liability under Section 551 of the Bankruptcy Code.

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