Erez J. Davy

Practice Details

• Firm Information
  Position

  Associate

  Firm Name

  Marino, Tortorella & Boyle, P.C.
• Representative Cases & Transactions
  Transactions

  Securities Litigation. Erez has assisted in the representation of financial firms in numerous high-profile federal securities class actions. Representative matters include: (i) assisting in the defense of an investment bank in the largest consolidated federal securities class action in history concerning the alleged manipulation of the aftermarket stock price of numerous dot.com companies, including by assisting in persuading the Second Circuit to reverse class certification; (ii) assisting in the defense of an investment bank in securities class actions alleging fraud in the issuance of allegedly biased analyst reports; and (iii) assisting in the defense of a rating agency in a securities class action alleging fraud in connection with ratings issued on mortgage-backed securities, in which class certification was successfully opposed. In re IPO Sec. Lit., 471 F.3d 24 (2d Cir. 2006); 60233 Trust v. Goldman, Sachs & Co., 540 F. Supp. 2d 449 (S.D.N.Y. 2007); In re Moody's Corporation Securities Litigation, 274 F.R.D. 480 (S.D.N.Y. 2011). Shareholder Derivative Litigation. Erez has also assisted in the successful representation of financial firms in dismissing shareholder derivative actions challenging the marketing and issuance of mortgage-backed securities and the payment of allegedly excessive executive compensation. In re Goldman Sachs Group, Inc., 2011 WL 4826104 (Del. Ch. Ct. Oct. 12, 2011); Central Laborers' Pension Fund ex rel. Goldman Sachs Group, Inc. v. Blankfein, 34 Misc. 3d 456 (N.Y. Sup. Ct., N.Y. Cty., 2011). Appellate Litigation. In addition to his experience helping resolve a wide variety of appeals before the Second Circuit, Erez has been involved in representing financial firms and other institutions in high-profile appeals. Representative matters include: (i) assisting in the representation of a financial firm in successfully petitioning New York's highest court to limit the duties owed by an underwriter to an issuer of securities; (ii) drafting petitions for a writ of certiorari and appellate briefs in a closely followed case concerning the confidentiality of records reflecting bank borrowings from the Federal Reserve System during the recent financial crisis; (iii) drafting an amicus brief, on behalf of an association of commercial banks, successfully convincing the Second Circuit to expand the authority of District Courts to vacate attachment orders that were disrupting the processing of electronic funds transfers; and (iv) drafting a successful opposition brief before the New Hampshire Supreme Court in a case attempting to challenge a college's internal governance. EBC I, Inc. v. Goldman, Sachs & Co., 5 N.Y.3d 11 (2005); Bloomberg v. Bd. of Governors of the Federal Reserve System, 601 F.3d 143 (2d Cir. 2009); Sinoying Logistics v. Yi Da Xin Trading Corp., 619 F.3d 207 (2d Cir. 2010); Brooks v. Trustees of Dartmouth College, 161 N.H. 685 (2011). General Commercial Litigation. Erez has also been involved in a wide variety of commercial litigations brought in state and federal courts. Representative matters include: (i) assisting in the representation of the prior America's Cupholder, in which litigation between the competitors was successfully stayed to enable the 2010 America's Cup to take place in Valencia, Spain; (ii) assisting in the successful representation of an oil and gas executive in cases challenging partnership distributions, in which the executive was dismissed for lack of personal jurisdiction; and (iii) assisting in the defense of an executive in a case concerning breach of an agreement to fund a startup real estate investment firm, in which the defendants successfully moved to compel and defend on appeal the production of privileged documents. Coast to Coast Energy v. Gasarch, et al., 602044/2009 (N.Y. Sup. Ct., N.Y. Cty., Nov. 15, 2011); Coast to Coast Energy v. Gasarch, et al., 651670/2010 (N.Y. Sup. Ct., N.Y. Cty., Apr. 23, 2012).