Bob Horowitz focuses his practice primarily on the defense of claims brought under federal and state securities laws and consumer protection statutes, and on general commercial litigation. Bob also has substantial experience in prosecuting and defending trademark, trade dress, design patent and licensing claims, mostly in the footwear and fashion industry, and in representing franchisors in disputes with franchisees.
Bob is Co-Chair of the firm's Securities Litigation Practice. His securities practice involves the defense of underwriters, issuers, directors, and officers in securities class actions and in SEC investigations and enforcement actions. Among his successful representations are a defense judgment after trial in an SEC action alleging insider trading against a money manager, summary judgment on the eve of trial dismissing a securities class action against a medical insurance company, dismissal of putative class action against the majority shareholder of a Russian oil company, and an award of sanctions under the PSLRA (reimbursement of all defense costs) in conjunction with a dismissal of a putative class action against an issuer and its officers and directors.
Bob's consumer practice focuses on the defense of companies accused of violating consumer protection statutes in class actions and regulatory proceedings. In a multidistrict litigation that has been widely cited to support dismissal of claims by consumers who allege that webpage offers are deceptive, Bob obtained dismissal of a putative class action as a matter of law based on the court's finding that consumers are charged with knowledge they would glean from reading the disclosures, whether or not they read them, and in this case a reasonable consumer who read the disclosures would have understood them.
Professional & Community Involvement
· Member, American Bar Association
· Member, Federal Bar Counsel
· Member, New York State Bar Association
Awards & Recognition
· Listed, Super Lawyers magazine, New York Super Lawyers, 2006 and 2013
· Consumer class action in which claim that company's disclosure of its billing practices on its website were unfair and deceptive was dismissed. Mazzola v. Roomster Corp., 2012 WL 1019124 (S.D.N.Y. March 26, 2012).
· Consumer class action in which claim that company's telemarketing sales practices violated RICO were dismissed. Wike v. Vertrue, 2010 WL 3447756 (M.D. Tenn. August 30, 2010).
· Consumer class action in which claim that company's sales practices on its website were unfair and deceptive was dismissed. In re VistaPrint Sale's Practices Litig., 2009 WL 2884727 (S.D. Tex. August 31, 2009), aff'd sub nom, Bott v. VistaPrint, 392 Fed. Appx. 327 (5th Cir. 2010).
· Consumer class action in which claim that company's telemarketing sales practices were unfair and deceptive was dismissed. Wike v. Vertrue, Inc., 2008 WL 2704364 (M.D. Tenn., July 8, 2008).
· Securities class action in which the Second Circuit in a case of first impression, clarified the appearance of American Pipe tolling. In re Worldcom Securities Litigation (California Public Employees Retirement System v. Caboto-Gruppo Intesa BCI and Caboto Holdings Sim S.p.A.), 496 F.3d 245 (2d Cir. 2007)
· Securities class action in which claims that Yukos' majority shareholder assisted Yukos in evading taxes were dismissed. In re Yukos Oil Co. Sec. Litig., 2006 U.S. Dist. LEXIS 13794 (S.D.N.Y., Mar. 30, 2006)
· Securities class action in which court dismissed plaintiff's claims as untimely, De la Fuente v. DCI Telecommunications, Inc. (DCI Telecommunications Securities Litigation), 206 F.R.D. 369 (S.D.N.Y. 2002); and then awarded defendant sanctions (full reimbursement of defense costs, including attorney's fee) under the PLSRA, 259 F. Supp.2d 250 (S.D.N.Y. 2003), aff'd, No. 03-7525, 2003 WL 229223523 (2nd Cir. Dec. 9, 2003).
· Securities class action in which claim that company's medical claims reserve was intentionally understated was dismissed on the eve of trial. In re John Alden Financial Corporation Securities Litigation, 249 F. Supp. 2d 1273 (S.D. Fla. 2003).
· Antitrust class action in which claims arising out of foreign exchange transactions in Europe were dismissed for lack of subject matter jurisdiction. Snaido v. Bank Austria, AG, 2001 WL 812236, *1 (S.D.N.Y. 2001), vacated, 352 F.3d (2nd Cir. 2003); cert. granted, 124 S. Ct. 2870 (2004); remanded, 378 F.3d 210 (2nd Cir. 2004).
· Franchise litigation in which distributor's claims were dismissed and the dismissal was affirmed on appeal. Arasimowicz v. Bestfoods, Inc., 2000 WL 1810096 (S.D.N.Y. 2000), aff'd, 2001 WL 1020163 (2d Cir. 2001).
· SEC enforcement action in which insider trading claims against an investment advisor were dismissed after a two week trial. SEC v. Moran, 922 F. Supp. 867 (S.D.N.Y. 1996).
· Franchise litigation in which distributors, who were found to be franchisees, claimed that the company could not realign their territories. The trial judgment for plaintiffs after trial was reversed on appeal. Petereit v. S.B. Thomas, Inc., 63 F.3d 1169 (2d Cir. 1995).
Publications & Presentations
Articles, Lectures & Publications
· Author, "How Justices May Be Leaning In Amgen Argument," Law360, December 12, 2012
· Author, "Did The Supreme Court Mean What It Said In Concepcion?" Law360, November 16, 2012
· Author, "Supreme Court to Decide Whether Daubert Applies to Damages Models Offered in Support of Class Certification," GT Alert, June 2012
· Author, "Solving A Circuit Splitter: Amgen In The High Court," Securities Law360, June 19, 2012
· Author, "New and Improved Whistleblower Incentives," Employment and Securities Law 360, December 16, 2011
· Author, "Case Study: Tides v. Boeing," Securities Law360, June 2, 2011
· Author, "Case Study: Archdiocese Of Milwaukee v. Halliburton," Securities Law360, May 9, 2011
· Author, "The Subprime Meltdown - A Perfect Storm," Securities Litigation and Regulation LR,Volume 13, Issue 14, November 2007
· Author, "Fifth Circuit Joins Eighth in Sharply Limiting Scope of 'Scheme' Liability in Securities Cases," GT Alert, March 2007
· Author, "How Far Do The Securities Laws Reach Conduct by Secondary Actors?" Securities Law360, May 12, 2006
· Author, "Securities Class Actions: Holder Claims Are Preempted by SLUSA," GT Alert, March 2006
· Author, "High Court to Determine Scope of Federal Preemption Under SLUSA," New York Law Journal, February 15, 2006
· Co-author, "Insider Trading: A New SEC Rule and an Important New Case," Securities Regulation Law Journal, Winter 2001
· Co-author, "California Courts Strike Another Blow to SEC Insider Trading Enforcement Efforts," Insights, October 2000
· Co-author, "Second Circuit Rejects Its Own Scienter Standard," Insights, September 2000
· Co-author, "Pleading Scienter in Securities Fraud Class Actions," New York Law Journal, October 14, 1999
· Co-author, "Avoiding Insider Trading Liability When Selling Company Stock," Review of Securities & Commodities Regulation, Standard & Poor's, January 27, 1999, abstracted inBowne Digest For Corporate & Securities Lawyers, Bowne
· Co-author, "Minimizing The Risk of Insider Trading Liability," Corporation, Aspen Law & Business, August 17, 1998
· Co-author, "Corporations Need To Police Trading By Insiders Now More Than Ever," The Metropolitan Corporate Counsel, November 1996
· Speaker, "Subprime Lending at the Crossroads," California Mortgage Bankers Association, November 2007