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Todd Rosenbaum

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[email protected]

+1.212.692.6819

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Todd maintains a diverse litigation practice, encompassing a wide range of general commercial litigation, securities litigation, white collar criminal defense, and government enforcement matters, as well as internal investigations. He has been an integral member of teams representing clients at the trial and appellate court levels, as well as in domestic arbitration.

Todd has a strong commitment to the firm’s pro bono effort, and represents clients in a variety of immigration and other matters in addition to serving on the firm’s Pro Bono Committee. Todd is also a member of the firm's Sports & Entertainment, E-Discovery, and Alternative Dispute Resolution practice groups.

Todd recently completed an external rotation with the New York City Law Department Corporation Counsel, where he represented the City in several lawsuits involving tort claims.

Prior to joining the firm, Todd was a health policy intern at Make the Road New York and focused on issues regarding language access laws and regulations in the city and state. Todd was a Summer Associate at Mintz in 2010.

During law school, Todd was a notes editor for the Journal of Legislation and Public Policy and chair of the Health Law Society. Prior to law school, he was a Teach For America corps member and taught upper elementary school in East Harlem.

Experience

Representative Matters

  • Secured a summary judgement in the Southern District of New York on behalf of the Triborough Bridge and Tunnel Authority as well as The Port Authority of New York and New Jersey in a class action alleging the defendants had used a cashless toll system to charge individuals with violation fees without adequate notice.
  • Secured a unanimous jury verdict at November 2021 trial in New York State Supreme Court on behalf of an investment banker client after his decade-long battle with his former fiancée a over an investment property in the Hamptons. After a 7-day jury trial, the jury needed only about 1 ½ hours to find for our client, to agree that the two Defendants had been unjustly enriched at our client’s expense, and to award the full amount in damages that he had sought at trial.
  • Represented professional basketball franchise in intra-league dispute, securing favorable settlement outcome.
  • Successfully appealed decision dismissing investment funds’ action for legal malpractice and breach of fiduciary duty against former counsel.
  • Conducted Audit Committee investigation into improper revenue recognition activities at public life sciences company.
  • Conducted internal investigation into payroll fraud, accounting fraud, and FCPA violations at public company with retail operations throughout Central America and the Caribbean.
  • Represents the world’s largest stock transfer company in securities and contract litigations.
  • Represents diverse financial companies in litigation proceedings concerning losses related to a Eurobond default.
  • Successfully defended companies in numerous industries against putative class actions alleging website inaccessibility and violations of the Americans with Disabilities Act.

Pro Bono

  • Secured asylum victory in Immigration Court appeal for client whose affirmative asylum application was denied because he had missed the one-year filing deadline.
  • Successfully petitioned for teenage client, who was in removal proceedings, to receive Special Immigrant Juvenile Status and obtain Lawful Permanent Residence.
  • Represented leading environmental organizations, including the Sierra Club, in constitutional litigation brought against the New York State Department of Environmental Conservation and other state agencies to prevent exploratory drilling in New York’s Adirondack Forest Preserve.
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viewpoints

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Google Pays Record Privacy Settlement as Lawsuits are Expected to Rise

November 22, 2022 | Blog | By Adam B. Korn, Sebastian Navarro, Todd Rosenbaum

In what is considered the largest privacy-related settlement in history, Google will pay $391.5 million to 40 states to settle an investigation by 40 state attorneys general.  The bipartisan coalition of attorneys general alleged that Google misled users into believing that opting out of sharing their location data prevented the company from tracking users’ locations.
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Significant Unruh Act and ADA Website Accessibility Ruling from the California Court of Appeal

August 23, 2022 | Blog | By Todd Rosenbaum, Adam B. Korn, Macklin W. Thornton

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Webinar Recording: Telehealth Risk Management

April 6, 2022 | Webinar | By Nancy Adams, Lara Compton, Todd Rosenbaum, Jennifer Rubin

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Opening the Door to the New Beginning

January 10, 2022 | Article

In a multistage pro bono engagement, Mintz represented a young man who fled gang violence in Ecuador in detention hearings after he entered the United States, then helped him obtain state court findings supporting a petition to USCIS for permission to remain in the country in the custody of an aunt.
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The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords U.S. discovery “for use in a proceeding in a foreign or international tribunal . . . .”
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As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C.  § 1, et seq., does not provide an independent basis for federal subject matter jurisdiction over federal court proceedings concerning domestic arbitrations.  See Vaden v. Discover Bank, 556 U.S. 44, 50 (2009).  (In the case of international and non-domestic arbitrations, where the New York Convention applies, FAA § 203 (9 U.S.C. § 203) establishes a federal district court’s subject matter jurisdiction.)  Thus, absent diversity jurisdiction in the judicial proceeding in question, a petitioner must show federal question jurisdiction under 28 U.S.C.  § 1331 in order to bring an application to confirm, vacate or modify a domestic arbitral award in federal court.  But, as is frequently the case in the United States regarding such jurisdiction issues, the Federal Courts of Appeals are split on how that can be done.
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For an arbitration agreement to be enforceable, the parties must have a reasonable opportunity to understand its terms.  See Fagerstrom v. Amazon.com, Inc., 141 F. Supp. 3d 1070 (S.D. Cal. 2015).  With this principle in mind, the U.S. Court of Appeals for the Ninth Circuit commented in 2006, regarding the enforceability of an arbitration clause that was prominent in a contract, “You’d have to be blind to miss this warning.  There was no surprise here.”  Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1309-10 (9th Cir. 2006) (en banc) (emphasis added).  But what if the plaintiff in Nagrampa had been blind, or was otherwise unable reasonably to read, or to understand, or to appreciate the significance of the arbitration clause by virtue of a disability or a more temporary impairment?
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In a previous post, we addressed what may happen when a defendant in federal litigation seeks to compel arbitration under Ch. 1 of the Federal Arbitration Act (“FAA”), 9 U.S.C. § 4, but the applicable arbitration agreement specifies a place of arbitration that is outside the geographic jurisdiction of the federal court.  (See https://www.mintz.com/insights-center/viewpoints/2017-07-spectre-haunts-motions-compel-arbitration-venue.)  But what approaches are available to a defendant when a plaintiff files suit in a state court, the claim is subject to an arbitration agreement, and the agreed place of arbitration is in a different state? 
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When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02 (5th Cir. 2016), citing First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 942 (1995); Rent-A-Ctr., W., Inc. v. Jackson, 561 U.S. 63 (2010).
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As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document production or testimony from a non-party before a hearing on the merits.
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News & Press

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Managing Member of Mintz's Los Angeles Office Joshua Briones and Members Todd Rosenbaum and Arameh O'Boyle co-authored an article published by Corporate Counsel summarizing major developments for consumer class actions in 2021, many of which they wrote will carry over into 2022. The article included extensive contributions from Associates Crystal Lopez, Esteban Morales, and Adam Korn.
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The New York Law Journal reported that Mintz secured a complete trial victory for investment banker Richard Swift before a Suffolk County jury. After a seven-day trial, it took the jury only an hour-and-a-half to return a verdict for the firm's client, Mr. Swift, for the full amount of the $2.57 million in damages that he was seeking in his lawsuit against the former “Today Show” correspondent Jill Rappaport over a log house built on a Water Mill estate. The article included commentary from Mintz Managing Member Bob Bodian, who led the firm’s litigation team representing Mr. Swift, along with lead trial attorney Member Jason P.W. Halperin. Mintz associates Todd Rosenbaum and Iris Greenquist, as well as co-counsel Eileen Powers, also played critical roles at the trial, which ended on November 19.
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Mintz Associate Todd Rosenbaum was featured in a “Pro Bono Attorney Spotlight” column published by KIND, a nonprofit organization that aims to provides protection for unaccompanied children who enter the U.S. immigration system alone and ensure that no child appears in immigration court without representation, for his significant contributions to multiple pro bono cases involving unaccompanied minors, and his commitment to pro bono work overall.
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Events & Speaking

Speaker
Apr
6
2022

Telehealth Risk Management

Mintz

Online Event

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Recognition & Awards

  • Chambers USA: New York - General Commercial Litigation: Up and Coming (2022), Associate to Watch (2021)
  • Benchmark Litigation: 40 & Under Hot List (2022)
  • Kids In Need of Defense: Pro Bono Spotlight Attorney (2019)
  • New York City Family Court Volunteer Attorney Program: Pro Bono Service Award (2014)
  • Second Place, Epstein Becker & Green Health Law Writing Competition (2011)
  • New York City Family Court Volunteer Attorney Program: Pro Bono Service Award (2014)
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Involvement

  • Member, New York State Bar Association
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Todd Rosenbaum

Member

New York