Asher Rivner represents private equity firms, financial institutions, corporations, and directors in corporate governance, breach-of-fiduciary duty, derivative, breach of contract, credit agreement, bankruptcy-related, and general commercial litigation. Beyond litigation, he helps clients structure transactions to minimize risk and resolve pre-litigation earnout, post-closing M&A, and other contract disputes. Asher’s clients praise his ability to synthesize complex situations and find a clear path to victory and to develop creative litigation strategies that suit his clients’ business goals.
- Won judgment for ad hoc group of lenders in high-profile lender-on-lender dispute concerning alleged breach of credit agreement in bench trial in the Southern District of Houston Bankruptcy Court.
- Secured a significant victory at the pleading stage for private equity firm and its affiliates in a New York Supreme Court action brought by a hedge fund seeking nearly US$2 billion in damages, which the First Department unanimously affirmed.
- Obtained Delaware Supreme Court reversal of Chancery Court’s denial of motion to dismiss litigation challenging public company’s reincorporation in Nevada.
- Defended private equity firm and its affiliated directors of derivative fiduciary-breach litigation brought by minority investors challenging COVID era rescue financings, resulting in favorable settlement.
- Represented private equity firm in a Delaware stockholder class action alleging breach of fiduciary duties in connection with the sale of a publicly traded chemical company.
- Advises private equity firms and corporations in earnout and working capital disputes; results include securing favorable arbitration award and pre-litigation settlements.
- Representing director and investor in litigation challenging take-private transaction of agricultural bioscience company.
- Defended private equity firm against tortious interference and alter ego claims concerning investment in failed media company brought by litigation trustee.
- Defended major financial institution in numerous state and federal court actions attempting to hold it liable as the successor-in-interest to home-mortgage lender collectively seeking billions of dollars; won dismissal of multiple actions.
- Negotiated favorable settlements for several leading mortgage servicers in multiple billion-dollar qui tam actions related to servicers’ participation in the Home Affordable Modification Program, a US Government financial bailout program.
- Represented CEO of media company in special litigation committee investigation into fiduciary-duty claims brought by stockholders concerning CEO’s compensation package.
- Represents financial institutions, corporations, and individuals in CFPB, SIGTARP, CFTC, and HUD investigations related to mortgage servicing, credit card lending, swaps trading, and alleged housing discrimination.
- Advises clients on Caymans Islands corporate and governance disputes; includes convincing a Caymen court to appoint provisional liquidators over a solvent company operating in China.
- Defended a major financial institution in multiple actions arising from alleged breaches of financing agreements for a failed US$3 billion Las Vegas hotel and casino construction project.
- Represented the Securities Industry and Financial Markets Association, the members of which include every major US securities firm and financial institution, as an amicus in Stoneridge v. Scientific – Atlanta and Motorola.
Admissions
Bar Admissions
- New York
- New Jersey
Court Admissions
- US District Court, Eastern and Southern Districts of New York
- US Court of Appeals, Second Circuit
Education
- New York University, J.D.: Dean’s Scholarship; Development Editor, New York University Annual Survey of American Law
- University of Georgia, M.A., Political Science
- University of Georgia, B.A., Political Science: Phi Beta Kappa; Pi Sigma Alpha National Graduate Scholarship; University of Georgia Endowed Charter Scholar; Best Political Science Research Paper
Professional Activities
Clerkships
- Honorable James Orenstein, US District Court, Eastern District of New York
Presenter
- “Successor Liability in an Asset Purchase or Business Acquisition - Evaluating and Managing the Risk” (Practicing Law Institute) (February 9, 2021)
Author
- “The Securities Act, Underwriters and the Due Diligence Defense,” New York Law Journal, Special Litigation Supplement, co-authored with Bradley J. Butwin and William J. Sushon (February 16, 2010)
Related Practices
Related Industries