Robert concentrates his practice in the areas of securities litigation
and regulatory enforcement matters. Robert routinely advises
broker/dealers, industry professionals and investors in varied
litigation, arbitration and regulatory matters relating to the
securities industry. Robert is certified as an arbitrator for FINRA, AAA
and the NFA and formerly served as in-house counsel for an NYSE-member
broker/dealer.
Prior to forming Herskovits PLLC, Robert was a partner with Gusrae Kaplan Nusbaum PLLC for more than five years.
Robert received a JD from the Benjamin N. Cardozo School of Law and a BA
from Syracuse University. Robert is admitted to practice in the State
of New York and before various federal courts, including the U.S.
District Court, Southern District of New York, U.S. District Court,
Eastern District of New York, the U.S. Court of Appeals, 2nd Circuit,
and the U.S. Supreme Court.
An active participant in the bar, Robert is the Co-Chair of the
Committee for Securities and Exchanges of the New York County Lawyers'
Association. Robert's accomplishments were recently recognized by
Thomson Reuters' "Super Lawyers", which designated Robert as a 2011
Rising Star in business litigation.
Practice Areas
•Securities Litigation and Arbitration
•Securities Industry Regulatory Defense
•Broker-Dealer Advisory Services
•Securities Industry Employment Litigation
•Commercial Litigation
Address
1065 Avenue of the Americas
27th Floor
New York, New York 10018
Contact:
Tel: (212) 897-5410
Fax: (646) 558-0239
Tuesday, March 13, 2012
Judge rules against explorers in treasure dispute
A federal judge has ruled against a deep-sea exploration company in a
dispute with Spain over 17 tons of silver coins recovered from a sunken
19th century Spanish galleon.
Florida-based Odyssey Marine Exploration Inc., which found the treasure off the Portuguese coast in 2007, had requested a stay after a federal court in Atlanta ruled last year the explorers must give the treasure back to the Spanish government.
In an order Tuesday, a U.S. circuit court judge denied the company's motion for a stay.
In court documents, the exploration firm said it wanted to stay the proceedings until the U.S. Supreme Court could consider the case.
Odyssey had said in court filings that such a denial might mean Spain will keep the treasure forever. Spain's position is that it is not subject to the jurisdiction of the U.S. courts, Odyssey said.
Florida-based Odyssey Marine Exploration Inc., which found the treasure off the Portuguese coast in 2007, had requested a stay after a federal court in Atlanta ruled last year the explorers must give the treasure back to the Spanish government.
In an order Tuesday, a U.S. circuit court judge denied the company's motion for a stay.
In court documents, the exploration firm said it wanted to stay the proceedings until the U.S. Supreme Court could consider the case.
Odyssey had said in court filings that such a denial might mean Spain will keep the treasure forever. Spain's position is that it is not subject to the jurisdiction of the U.S. courts, Odyssey said.
Monday, March 5, 2012
Jackson's family calls for stiff sentence for doc
Michael Jackson's family told a judge Tuesday that they were not seeking revenge but want the doctor who killed the superstar to receive a stiff sentence that serves as a warning to opportunistic doctors.
"The Bible reminds us that men cannot do justice, they can only seek justice," the family said in a statement read by attorney Brian Panish. "That is all we can ask as a family, and that is all we ask for here."
The statement went on to say, "We are not here to seek revenge. There is nothing you can do today that will bring Michael back."
Panish did not specifically request the maximum term of four years in jail for Murray but said the cardiologist should be punished in a way that reminds physicians that they cannot sell their services to the highest bidder.
Superior Court Judge Michael Pastor was expected to sentence Murray later in the day after hearing from lawyers on both sides of the case.
Murray was convicted of involuntary manslaughter after a six-week trial that presented the most detailed account yet of Jackson's final hours but left many questions about Murray's treatment of the superstar with an operating-room anesthetic as he battled chronic insomnia.
Scott+Scott LLP Announces Securities Class Action
On November 28, 2011, Scott+Scott LLP filed a class action complaint
against The Cooper Companies, Inc. and certain of the Company's senior
officers and directors in the U.S. District Court for the Northern
District of California. The action for violations of the Securities
Exchange Act of 1934 is brought on behalf of those purchasing the common
stock of Cooper between March 4, 2011 and November 15, 2011, inclusive.
If you purchased the common stock of Cooper during the Class Period and wish to serve as a lead plaintiff in the action, you must move the Court no later than 60 days from today. Any member of the investor class may move the Court to serve as lead plaintiff through counsel of its choice, or may choose to do nothing and remain an absent class member. If you wish to discuss this action or have questions concerning this notice or your rights, please contact Scott+Scott at (800) 404-7770, (860) 537-5537 or visit the Scott+Scott website http://www.scott-scott.com/cases/coopercos.html for more information. There is no cost or fee to you.
The complaint filed in the action alleges that, during the Class Period, Cooper issued false and misleading statements concealing known quality control problems and process defects at the Company's new overseas contact lens manufacturing facilities.
The complaint alleges that following the announcement of a small voluntary recall, the significance of which Cooper and its senior executives intentionally downplayed, on November 15, 2011, Cooper was forced to disclose a much larger product recall and to finally disclose the seriousness of the potential injuries. As the market learned the true extent of the Company's production issues, product safety defects and the harm to Cooper's reputation and product marketability, the Company's stock price declined precipitously. The class action seeks recovery under the federal securities laws for those who purchased Cooper's common stock between March 4, 2011 and November 15, 2011.
Scott+Scott has significant experience in prosecuting major securities, antitrust and employee retirement plan actions throughout the United States. The firm represents pension funds, foundations, individuals and other entities worldwide.
If you purchased the common stock of Cooper during the Class Period and wish to serve as a lead plaintiff in the action, you must move the Court no later than 60 days from today. Any member of the investor class may move the Court to serve as lead plaintiff through counsel of its choice, or may choose to do nothing and remain an absent class member. If you wish to discuss this action or have questions concerning this notice or your rights, please contact Scott+Scott at (800) 404-7770, (860) 537-5537 or visit the Scott+Scott website http://www.scott-scott.com/cases/coopercos.html for more information. There is no cost or fee to you.
The complaint filed in the action alleges that, during the Class Period, Cooper issued false and misleading statements concealing known quality control problems and process defects at the Company's new overseas contact lens manufacturing facilities.
The complaint alleges that following the announcement of a small voluntary recall, the significance of which Cooper and its senior executives intentionally downplayed, on November 15, 2011, Cooper was forced to disclose a much larger product recall and to finally disclose the seriousness of the potential injuries. As the market learned the true extent of the Company's production issues, product safety defects and the harm to Cooper's reputation and product marketability, the Company's stock price declined precipitously. The class action seeks recovery under the federal securities laws for those who purchased Cooper's common stock between March 4, 2011 and November 15, 2011.
Scott+Scott has significant experience in prosecuting major securities, antitrust and employee retirement plan actions throughout the United States. The firm represents pension funds, foundations, individuals and other entities worldwide.
American Airlines files for bankruptcy protection
The parent company of American Airlines filed for bankruptcy protection
Tuesday, seeking relief from crushing debt caused by high fuel prices
and expensive labor contracts that its competitors shed years ago.
The company also replaced its CEO, and the incoming leader said American would probably cut its flight schedule "modestly" while it reorganizes. He did not give specifics. American said its frequent-flier program would be unaffected.
AMR Corp., which owns American, was the only major U.S. airline company that did not file for bankruptcy protection after the Sept. 11 attacks, which caused a deep slump in the industry.
Bankruptcy filings allowed American's competitors to shed costly labor contracts, unburden themselves of debt and start making money again. American was stuck with higher costs, and had to match its competitors' lower fares or lose money.
Other airlines also grew by pursuing acquisitions and expanding overseas. American was the biggest airline in the world in 2008, but has been surpassed by United, which combined with Continental, and Delta, which combined with Northwest.
The company also replaced its CEO, and the incoming leader said American would probably cut its flight schedule "modestly" while it reorganizes. He did not give specifics. American said its frequent-flier program would be unaffected.
AMR Corp., which owns American, was the only major U.S. airline company that did not file for bankruptcy protection after the Sept. 11 attacks, which caused a deep slump in the industry.
Bankruptcy filings allowed American's competitors to shed costly labor contracts, unburden themselves of debt and start making money again. American was stuck with higher costs, and had to match its competitors' lower fares or lose money.
Other airlines also grew by pursuing acquisitions and expanding overseas. American was the biggest airline in the world in 2008, but has been surpassed by United, which combined with Continental, and Delta, which combined with Northwest.
China to execute Filipino drug trafficker Dec. 8
A Chinese court has upheld the drug trafficking conviction of a Filipino
man and set his execution for next week despite appeals for clemency
from the Philippine president, officials said Wednesday.
The 35-year-old man, who was not identified, was arrested in September 2008 at Guilin International Airport in southern China while trying to smuggle 3.3 pounds of heroin into Guangxi province from Malaysia, the Philippine Department of Foreign Affairs said.
Smuggling more than 50 grams of heroin or other drugs is punishable by death in China.
Philippine officials based in China were told Monday that the Supreme People's Court in Beijing had upheld a lower court's decision to impose the death penalty on the Filipino man and that a Dec. 8 execution date had been set, the department said.
The Philippine government provided all possible help to the condemned man and made "sustained and exhaustive representations with the Chinese government at all levels," including an appeal from President Benigno Aquino III to his Chinese counterpart, Hu Jintao, to try to have the death sentence commuted to life in prison, officials said.
The 35-year-old man, who was not identified, was arrested in September 2008 at Guilin International Airport in southern China while trying to smuggle 3.3 pounds of heroin into Guangxi province from Malaysia, the Philippine Department of Foreign Affairs said.
Smuggling more than 50 grams of heroin or other drugs is punishable by death in China.
Philippine officials based in China were told Monday that the Supreme People's Court in Beijing had upheld a lower court's decision to impose the death penalty on the Filipino man and that a Dec. 8 execution date had been set, the department said.
The Philippine government provided all possible help to the condemned man and made "sustained and exhaustive representations with the Chinese government at all levels," including an appeal from President Benigno Aquino III to his Chinese counterpart, Hu Jintao, to try to have the death sentence commuted to life in prison, officials said.
Polygamous family launches challenge of Utah law
Reality TV stars Kody Brown and his four wives say they just want one thing: to be left alone.
As authorities investigate them for bigamy, the TLC "Sister Wives" family is asking a federal judge to overturn part of Utah's bigamy law because it bans them from living together and criminalizes sexual relationships between unmarried consenting adults.
"What they are asking for is the right to structure their own lives, their own family, according to their faith and their beliefs," said Jonathan Turley, their attorney, adding that the lawsuit is about privacy — not polygamy.
The case in federal court in Utah, however, could open up the possibility that a way of life for tens of thousands of self-described Mormon fundamentalists could be decriminalized.
While all states outlaw bigamy, some like Utah have laws that both prohibit having more than one marriage license at a time and also ban adults from living together and having a sexual relationship.
The latter provision could include same-sex couples, unmarried heterosexual couples and those, like the Browns, who do not have licenses but have created within their homes a marriage-like relationship.
As authorities investigate them for bigamy, the TLC "Sister Wives" family is asking a federal judge to overturn part of Utah's bigamy law because it bans them from living together and criminalizes sexual relationships between unmarried consenting adults.
"What they are asking for is the right to structure their own lives, their own family, according to their faith and their beliefs," said Jonathan Turley, their attorney, adding that the lawsuit is about privacy — not polygamy.
The case in federal court in Utah, however, could open up the possibility that a way of life for tens of thousands of self-described Mormon fundamentalists could be decriminalized.
While all states outlaw bigamy, some like Utah have laws that both prohibit having more than one marriage license at a time and also ban adults from living together and having a sexual relationship.
The latter provision could include same-sex couples, unmarried heterosexual couples and those, like the Browns, who do not have licenses but have created within their homes a marriage-like relationship.
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