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Jeffrey S. Trachtman
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- Partner
- New York
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Jeffrey S. Trachtman litigates complex bankruptcy, mass tort and securities fraud matters, including some of the nation’s most significant and high-profile cases in recent years. Skilled and accomplished both as writer and courtroom advocate, Jeff has built a long and successful record representing clients in both trial and appellate courts. Jeff is also a nationally recognized pro bono leader. In addition to helping to build Kramer Levin’s award-winning program as chair of the firm’s Pro Bono Committee for more than 17 years, Jeff has represented poverty law and civil rights clients throughout his career, most notably in landmark marriage equality cases in New York and before the U.S. Supreme Court.
Experience
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Represented the Tort Claimants’ Committee in the Dow Corning bankruptcy, helping to fashion a $3 billion settlement of breast implant claims, and continuing as counsel for the Claimants’ Advisory Committee for the duration of the sixteen-year settlement program, winning trial and appellate court rulings approving hundreds of millions of dollars in disputed settlement payments.
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Represented the creditors’ committee in the massive Residential Capital (ResCap) bankruptcy stemming from the collapse of the U.S. mortgage market, helping lead a litigation effort that resulted in ResCap’s parent contributing $2.1 billion to pay unsecured creditors.
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Represented the creditors’ committee in the historic Chrysler bankruptcy, including personally drafting emergency papers submitted to Justice Ruth Bader Ginsburg as circuit justice that helped block a stay and permit implementation of the government-backed reorganization plan.
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Represented the FrontierVision Noteholders Committee in the Adelphia bankruptcy litigation over allocation of $17 billion in asset sale proceeds, which eventually settled on favorable terms.
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Represented Credit Suisse First Boston as agent for bank lenders in the Owens Corning asbestos bankruptcy in fighting attempts, ultimately defeated on appeal, to vitiate the bank lenders’ guarantees by substantively consolidating all of the debtors.
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Represented the largest group of objectors to the mass tort settlement reached in the nationwide diet drug (Fen-Phen) litigation, helping to secure improved treatment for many claimants.
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Represented Japanese auto parts retailer Autobacs 7 in the bankruptcy of its U.S. subsidiary, Autobacs Strauss, and subsequent litigation brought against the parent company, ultimately settling on favorable terms.
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Represented a software manufacturer in a false advertising trial against a competitor, resulting in a favorable decision as well as a published opinion on the scope of “advertising” under the Lanham Act.
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Served as co-lead counsel with Lambda Legal Defense and Education Fund in a case blocking the outgoing Trump Administration’s so-called “Death to Asylum” rule, which would have made it virtually impossible for LGBTQ+ and other vulnerable refugees to obtain asylum.
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Served as co-lead counsel with Lambda Legal in Hernandez v. Robles, which sought recognition of marriage rights for same-sex couples under the New York Constitution, as well as several cases establishing recognition under New York law for such couples’ valid out-of-state marriages.
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Represented mainstream religious organizations and hundreds of clergy as lead author of a Supreme Court amicus brief in the landmark case Obergefell v.Hodges, in which the Court recognizing a nationwide freedom to marry for same-sex couples. Filed similar briefs in United States v. Windsor, which struck down the portion of the Defense of Marriage Act (DOMA) barring federal recognition of the lawful marriages of same-sex couples, as well as in many cases across the country following Windsor and leading up to Obergefell. Continued to represent groups of religious stakeholders submitting similar briefs in Masterpiece Cakeshop v. Colorado and other post-Obergefell LGBT rights cases.
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Represented mainstream religious organizations as lead author of Supreme Court and Second Circuit briefs defending New York State’s ability to enact reasonable gun laws.
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Represented the lesbian survivor of a Sept. 11 victim in securing her fair share of the Victims’ Compensation Fund award made on behalf of her partner.
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Represented public health organizations as lead author of a Supreme Court amicus brief in Lawrence v. Texas, in which the Court struck down sodomy laws as violating the liberty interest in control over intimate personal relations.
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Served as co-lead counsel with the Center for Disability Advocacy Rights (CeDAR) in a class action, appealed twice to the 2nd Circuit, challenging policies affecting adjudication of children’s disability claims.
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Served as co-lead counsel with CeDAR in a 2nd Circuit case establishing important due process rights for unrepresented federal disability claimants whose mental impairments interfere with their ability to take timely appeals.
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Served as principal author of an amicus brief on behalf of social services organizations in Jiggetts v. Grinker, a New York State Court of Appeals case that recognized the statutory right to adequate housing allowances for low-income tenants.
Credentials
Education
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J.D., cum laude, New York University School of Law, 1984 -
Note and Comment Editor, New York University Law Review, 1983 – 1984
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Order of the Coif
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B.A., New York University, 1981
Bar Admissions
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New York, 1985
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Massachusetts, 2009
Clerkships
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Honorable Constance Baker Motley (Chief Judge), U.S.D.C., Southern District of New York, 1984 - 1985
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Honorable Leonard I. Garth, U.S.C.A., 3rd Circuit, 1985 - 1986
Court Admissions
- U.S. Supreme Court
- U.S.C.A., 1st Circuit
- U.S.C.A., 2nd Circuit
- U.S.C.A., 3rd Circuit
- U.S.C.A., 4th Circuit
- U.S.C.A., 5th Circuit
- U.S.C.A., 6th Circuit
- U.S.C.A., 7th Circuit
- U.S.C.A., 8th Circuit
- U.S.C.A., 9th Circuit
- U.S.C.A., 10th Circuit
- U.S.C.A., 11th Circuit
- U.S.C.A., Federal Circuit
- U.S.D.C., Eastern District of Michigan
- U.S.D.C., Southern District of New York
- U.S.D.C., Eastern District of New York
Professional Affiliations
- New York City Bar Association, Member, Nominating Committee (2015 – 2016)
- New York State Bar Association
- American Bar Association
- LGBT Bar Association of New York
- American Bar Foundation, fellow
- Volunteers of Legal Service (VOLS), Board of Directors
- Musical Theatre Factory, Board of Directors
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Drag Queen Story Hour NYC, Advisory Board
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