(212) 530-1809
(917) 344-8809 fax
nbinder@rkollp.com

One World Financial Center
New York, NY 10281-1003

 vCard

Neil S. Binder

Partner

Neil S. Binder focuses on complex commercial and securities litigation. He has extensive trial and appellate experience, and he has represented clients in a wide range of civil matters from the pre-complaint stage through trial and appeal. His clients include investment banks, commercial banks, insurance companies and hedge funds. Recent representative matters include:

• Representation of hedge fund in lawsuit against bank arising out of the termination of a total return swap transaction. Litigation involves allegation that bank wrongfully refused to return collateral following the hedge fund's termination of the ISDA-based swap agreement;
• Counsel for a large chemical manufacturing company in litigation alleging breach of the terms of a stock purchase agreement and non-compete agreement entered in connection with the sale of a subsidiary;
• Co-lead counsel for a manufacturer and wholesaler in a federal jury trial involving a contract and copyright dispute arising from a licensing agreement;
• Counsel for numerous insurance companies and financial services institutions in multi-million dollar fraud litigation arising in connection with the sale of asset-backed securities;
• Counsel for an investment bank in litigation involving sale of a derivative financial product;
• Counsel for an investment bank in an internal investigation of document retention practices;
• Counsel for defendant in litigation arising in connection with the September 11 terrorist attacks;
• Counsel for a hedge fund in litigation arising in connection with the sale of distressed debt;
• Counsel for numerous individuals in connection with investigations by the Department of Justice and the Securities and Exchange Commission.

For four years prior to joining RK&O, Mr. Binder was an Assistant United States Attorney in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York. Mr. Binder represented the United States in numerous matters and served as lead counsel for the United States in the Enron bankruptcy proceeding. While at the U.S. Attorney’s Office, Mr. Binder received the Director’s Award for Superior Performance as an Assistant United States Attorney.

Mr. Binder is admitted to practice in New York State, the U.S. District Court for the Southern District of New York, the U.S. District Court for the Eastern District of New York, the U.S. Court of Appeals for the Second Circuit, and the U.S. Court of Appeals for the Eleventh Circuit. He is a member of the Federal Bar Council, Inn of Court.