Michael C. Rakower, Appellate Attorney in New York

Michael C. Rakower is a founding member of Rakower Law. His practice focuses on commercial litigation in federal and state courts, and also involves white-collar criminal defense of individuals facing state and federal investigations. Some of his notable matters include:

- Representation of real estate financier in multi-party actions in federal and state courts concerning $140 million real estate transaction tainted by alleged fraud;

- Representation of United Nations vendor in federal lawsuit seeking damages in excess of $125 million arising from an alleged bribery and bid-rigging scheme that corrupted the United Nations;

- Representation of family members in partnership dispute concerning real estate asset worth $105 million;

- Representation of former CEO of major not-for-profit agency in dispute over agency's refusal to pay retirement benefits valued in excess of $15 million;

- Appellate representation of an individual in high-profile will contest concerning an estate with estimated value of $1 billion;

- Pre-litigation counseling for the benefit of the Iraqi Government in connection with its investigation into kickback schemes arising out of the United Nations Oil-for-Food program;

- Representation of Argentine financial services entity in matter arising out of the Lehman Brothers bankruptcy;

- Representation of limited partner of an insolvent hedge fund in “clawback” dispute with fund's trustee;

- Representation of hedge fund in dispute concerning fraudulent sale of securities by rogue employee;

- Representation of hedge fund executive in suit involving gross negligence by global law firm;

- Representation of retail brokerage manager in federal “squawk box” investigation;

- Representation of high-ranking compliance department manager in connection with U.S. Department of Justice investigation into Bank Secrecy Act and anti-money laundering compliance violations;

- Representation of Wal-Mart employees during investigation of incident that led to death of fellow worker on “Black Friday”;

- Representation of former Israeli combat fighter and military command instructor in multi-million dollar civil rights lawsuit against New York City Police Department seeking damages arising from an alleged false arrest, illegal strip-search, and malicious prosecution;

- Representation of asbestos whistleblower working in a New York City public school for damages arising from alleged retaliation.

Every year since 2017, Mr. Rakower has been recognized by Chambers and Partners in the Chambers USA guide of the top commercial litigators in New York. Mr. Rakower has been selected for inclusion in the New York Metro Edition of Super Lawyers every year since 2013, and has been named a "Top 100" attorney in the region since 2015. Since 2011, he has held a "Preeminent" AV rating from Martindale-Hubbell and has been designated as a Platinum Client Champion, indicating the highest level of client satisfaction, every year since the ranking service began awarding the designation in 2017. Lawdragon has twice interviewed Mr. Rakower (2014, 2019) to report on his achievements in the law. In 2007, Lawyers USA profiled him as being among the “top eight” lawyers in the nation on a “fast track to making a significant impact” on the legal profession. The New York State Bar Association honored him as the Outstanding Young Lawyer of the Year in 2006, recognizing his “commitment to the finest traditions of the Bar.”

Mr. Rakower previously worked in the New York office of Latham & Watkins, the United Nations Criminal Tribunal for Rwanda (ICTR) and the chambers of the Honorable Richard C. Wesley of the United States Court of Appeals for the Second Circuit.

At Latham & Watkins, Mr. Rakower led securities offerings valued in the hundreds of millions of dollars for issuers and underwriters and provided M&A counseling to investment banks. At the same time, Mr. Rakower counseled businesses devastated by the attack on the World Trade Center and obtained political asylum for refugees.

In 2003, following his tenure at Latham & Watkins, Mr. Rakower served in the Prosecutor's Office of the United Nations International Criminal Tribunal for Rwanda (ICTR), assisting in the prosecution of Rwandan military leaders for their role in the 1994 genocide. Upon his return, Mr. Rakower became Vice President of American Friends of the Kigali Public Library (AFKPL), a charitable organization instrumental in building Rwanda's first public library.

In 2004, as senior law clerk to Judge Richard Wesley, Mr. Rakower worked on a variety of federal appeals, including cases involving antitrust, securities, constitutional, immigration, civil rights, tax, tort, national security, and criminal law.

Mr. Rakower obtained his B.A., cum laude, from the University of Pennsylvania in 1993. He received his J.D. in 1999 from the University of Virginia School of Law, where he served on the Managing Board of the Virginia Journal of International Law.

A passionate advocate, Mr. Rakower tirelessly pursues extraordinary results for every client.

Additional Awards

America's Top 100 Attorneys, Lifetime Achievement Member, 2016. Featured in Lawdragon's “Lawyer Limelight” column, May 2014. Selected as a "Recognized Practitioner" by Chambers USA, 2017-19. Recipient of Martindale-Hubbell's Client Distinction Award, 2013-17. Panel Judge for ALM’s Rising Stars, 2013-16. Selected for inclusion in the 2011 New York Metropolitan edition of Super Lawyers — Rising Stars.

Publications

"Failing to Heed ERISA’s Claims Procedure: A Fast-Track to Court and De Novo Review,” New York Law Journal, November 5, 2021 (co-authored with Melissa Yang).“Incentive Compensation: When a Promise Becomes a Myth,” New York Law Journal, May 6, 2021 (co-authored with Melissa Yang). “Attorney Fees Under ERISA §502(g)(1): An Exception to the American Rule,” New York Law Journal, October 10, 2019 (co-authored with Melissa Yang). “Seeking Benefits Owed Under an ERISA Top-Hat Plan: A Primer for Litigators,” New York Law Journal, July 5, 2017 (republished in NYLitigator, Fall 2017); “Statutory Indemnification of Officers and Directors: Foresight is Power,” New York Law Journal, October 26, 2015, (republished in NYLitigator, Spring 2016); “Guidance on Proposed Federal Rules,” N.Y.L.J., December 6, 2013 (letter to the editor); "The Supreme Court's Proximate Cause Analysis Under RICO: A Distinction Between Direct and Foreseeable Harm," NY Litigator, Summer 2011 (republished in RICO Law Reporter, September 2011); "Building and Managing a Small Law Firm," Fordham University School of Law, 2011-12, 2014; "Wall Street Meltdown Puts Boards on the "Hot Seat," Practical Law Institute, 2009; "RICO Damages After Set-Off: Treble vs. Double Recoveries," New York Law Journal, March 10, 2008 (republished in RICO Law Reporter, May 2008); "Civil RICO: Legal Overview and Tactical Considerations," New York State Bar Association, 2006 & 2007; "The Khmer Rouge: An Analysis of One of the World's Most Brutal Regimes," as published in To Oppose Any Foe: The Legacy of U.S. Intervention in Vietnam, 2006. Executive Committee Member of NYSBA's Commercial and Federal Litigation Section and Co-Chair of that Section's Federal Procedure Committee.

Associations & Memberships

Vice President (2011-2015) and Board Member (2003-2015) of American Friends of the Kigali Public Library. Principal, The Law Office of Michael C. Rakower, P.C., 2005-2012. Of Counsel, The Law Offices of Gordon Mehler, PLLC, 2005-2012. Senior Law Clerk, The Hon. Richard C. Wesley, U.S. Court of Appeals, Second Circuit, 2004. Of Counsel, The Legal Aid Society, Prisoner's Rights Project, 2003. Legal Researcher, Office of the Prosecutor, United Nations International Criminal Tribunal for Rwanda, 2002. Associate, Latham & Watkins, 1999-2002. Managing Board, Virginia Journal of International Law, 1998-1999.