• Ariel N. Lavinbuk is a seasoned trial and appellate litigator who has taken dozens of complex cases to resolution in federal and state trial courts nationwide, in bankruptcy courts, and in nearly every federal court of appeals. His U.S. Supreme Court experience includes merits-stage briefing in 10 cases and petition-stage briefing in many more.

    A significant portion of Ariel’s work is devoted to complex commercial and investment-related disputes involving loan and bond instruments, fraudulent transfers and preferences, the fiduciary duties of officers and directors, commercial fraud, and civil RICO. He also has substantial experience litigating intellectual property disputes — particularly breach of contract, trade secret and copyright claims — at every level, from jury trials to the U.S. Supreme Court.

    Ariel regularly handles complex, sensitive cross-border matters — particularly in the investment and intellectual property contexts. He often litigates international disputes (including against foreign sovereigns) in U.S. courts, frequently works with and coordinates foreign counsel prosecuting actions abroad, and has provided expert testimony on U.S. law in foreign judicial proceedings. He has also represented foreign and U.S. elected officials and their staff as well as senior executive branch officials in civil and criminal actions and congressional investigations.

    Prior to joining Kramer Levin in 2022, Ariel spent 15 years at litigation boutique Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP. He began his career at McKinsey & Co., where he advised technology and media companies, as well as the U.S. government and the World Bank, on a wide variety of strategic and organizational issues. He also spent time on the management staff of Teach For America.

     

    Experience

    • Defending the senior leadership of McKinsey & Co. Inc. from fraud allegations and RICO claims asserted by competitor Jay Alix in litigation brought in federal courts across the country.

    • Representing crypto stablecoin issuer in various litigation matters.

    • Representing the estate of a Holocaust survivor seeking compensation for artwork and securities stolen from his family by the Nazis in World War II.

    • Represented the board of directors of Las Vegas Sands Corp. in state and federal shareholder-derivative suits alleging violations of the Foreign Corrupt Practices Act in Macau, China, securing dismissal in full after extensive motion to dismiss briefing of the lead state and federal derivative cases.

    • Represented Psychiatric Solutions Inc., a subsidiary of Universal Health Services, in a securities class action, securing a settlement on terms favorable to the client on the eve of trial.

    • Representing the Official Committee of Unsecured Creditors in litigation matters arising in the bankruptcy of Endo International plc.

    • Represented general obligations bondholders of the Commonwealth of Puerto Rico in litigation and other matters related to the island’s restructuring.

    • Represented a bondholder group as appellate counsel in a dispute regarding the allocation of more than $7 billion in corporate assets among debtors in over 20 jurisdictions worldwide arising out of the bankruptcy of Nortel Networks Inc.

    • Represented first-lien bank lenders (as conflicts counsel) and their agent, Credit Suisse (as lead litigation counsel), in various litigation matters related to and arising in the bankruptcy of Caesars Entertainment Operating Co. Inc.

    • Represented hedge funds attempting to secure relief for Argentina’s default on debt issued in the 1990s, securing an agreement by Argentina to pay the clients approximately $4 billion to settle the claims at issue.

    • Represented creditors asserting fraudulent conveyance claims arising out of the $8 billion leveraged buyout of the Tribune Co. in litigation before the 2nd Circuit and U.S. Supreme Court.

    • Represented the conflicts committee of the board of directors of TerraForm Global Inc. in connection with its successful acquisition by Brookfield Asset Management Inc. and in litigation matters arising out of the bankruptcy of SunEdison Inc.

    • Represented individual creditors, their trustees, ad hoc groups and creditors’ committees in disputes arising out of myriad other major restructurings and bankruptcies worldwide, including those of Oi SA (Brazil); OAS S.A. (Brazil); Energy Future Holdings Co.; Education Management Corp.; Arch Coal; Petrobras (Brazil); Patriot Coal Co.; DTek Finance (Ukraine); Fannie Mae and Freddie Mac; Tousa Inc.; and Residential Capital LLC.

    • Defended Sony Interactive Entertainment from a $340 million unjust enrichment claim concerning the manufacture and sale of the PlayStation Vita gaming console in Russia, securing both dismissal in district court and affirmance of that result on appeal to the D.C. Circuit.

    • Drafted and negotiated new terms of use and data integration agreements for Arbitration Forums Inc., the largest arbitration and subrogation service provider in the United States.

    • Represented Costco Wholesale Corp. as a party and as amicus curiae in a trio of U.S. Supreme Court cases addressing whether the first-sale doctrines in the Copyright Act and Patent Act apply to products made abroad by U.S. copyright or patent holders, twice securing the Court’s agreement, both times over the objection of the Solicitor General, with Costco’s argument that the doctrines do apply, and that copyrighted and patented goods originally made abroad lawfully can be imported and sold in the United States.

    • Represented defendant Northrop Grumman in suits alleging copyright infringement and breach of software license, securing settlement after defendants obtained a mistrial in one action.

    • Representing two former Obama administration officials in matters connected to alleged ties between the Trump Campaign and Russia.

    • Represented Freedom House, an international democracy-promotion organization, in connection with the criminal prosecution of seven employees in Egypt for distributing foreign aid and assistance to Egyptian political and civil society groups.

    • Represented two senior Obama administration officials in leak investigations, securing decisions clearing them of any wrongdoing without their involvement becoming public.

    • Represented a sitting member of Congress, during a high-profile Senate campaign, in connection with an investigation by the U.S. House of Representatives Office of Congressional Ethics, which investigation was ultimately dropped without becoming public.

    • Represented two lobbyists for a major financial services firm in connection with a criminal investigation of lobbying disclosure irregularities, which investigation was ultimately dropped without charges and without becoming public.

    Credentials

    Education

    • J.D., Yale Law School, 2006
      • Book Reviews Editor, Yale Law Journal
      • Potter Stewart Prize (moot court winner)
      • Edgar M. Cullen Prize
      • Judge John R. Brown Award
      • U.S. Foreign Language & Area Studies Scholarship (Arabic)
    • A.M., Stanford University, 2000
    • A.B., with honors and distinction, Stanford University, 2000
      • Phi Beta Kappa
      • Firestone Medal
      • President’s Award

    Bar Admissions

    • District of Columbia, 2008
    • New York, 2007

    Clerkships

    • Honorable Stephen F. Williams, U.S.C.A., D.C. Circuit

    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., 7th Circuit
    • U.S.C.A., 8th Circuit
    • U.S.C.A., 9th Circuit
    • U.S.C.A., D.C. Circuit
    • U.S.C.A., Federal Circuit
    • U.S.D.C., Southern District of New York
    • U.S.D.C., District of Columbia District Court

    Professional Affiliations

    • Truman National Security Project, Founding Board Member and Member (2004 – Present)
    • Georgetown Supreme Court Institute, Moot Court Panelist (2013 – Present)
    • Charles E. Smith Jewish Day School, Board Member (2020 – Present)