Carl W. Oberdier

Partner
(212) 659-5141
cwo@oberdier.com

Education

Columbia Law School, J.D. 1990
Texas Tech University, B. Mus. magna cum laude 1986

Experience

Carl W. Oberdier is a trial attorney and litigator who focuses on complex commercial litigation and arbitration.  Mr. Oberdier has handled a wide range of civil litigations in federal, bankruptcy, and state courts throughout the United States, as well as domestic and international arbitrations, on behalf of Fortune 500 and other large companies involving contracts, securities, commercial lending, real property rights, RICO, patents, trademarks, trade secrets, insurance and reinsurance, corporate governance, derivative actions, employment disputes, and franchise law.  Mr. Oberdier has served as lead counsel in several commercial disputes in which the amount at stake exceeded $500 million, each of which he won or settled on favorable terms.

Mr. Oberdier has also served as an expert witness on the laws of the State of New York, Delaware, California, and the United States in several international arbitrations and lawsuits in foreign courts.

Notable Representations

Defendants:

  • On behalf of the largest private equity fund in China, won a dismissal of a securities class action and shareholder derivative claim for failure to state a claim and lack of personal jurisdiction.  Tarsavage v. CITIC Trust Co., Ltd., 3 F.Supp.3d 137 (S.D.N.Y. 2014).
  • On behalf of a leading Chinese asset management company and its subsidiaries, won voluntary dismissal and settlement for no damages of claims for fraud, trade secret, and breach of contract brought in two courts in the United States and an arbitration in Hong Kong.  See Krane Distribution Company v. Harvest USA, Inc., C.A. No. 9673-VCG (Del Ch. Ct.) (filed 2014); Krane Distribution LLC v. Harvest Global Inv., Ltd., et ano., 14-CV-3589 (filed 2014).
  • On behalf of New York real estate broker, won reversal of trial verdict awarding brokerage fees for lease of commercial space.  Colliers ABR, Inc. v. Famurb Co., 101 A.D.3d 409 (1st Dep’t 2012).
  • Obtained zero-sum settlement on behalf of Chinese manufacturer of brazed aluminum heat exchangers in large trade secret case.  (Confidential)
  • On behalf of largest creditor in a bankruptcy, won judgment after bench trial dismissing debtors’ bankruptcy petitions on grounds of gross mismanagement of the estate.  In re Chestnut Hill Rehab Hospital, LLC, Case No. 8:08-bk-02150-PMG (M.D. Fla. Bankr) (filed 2009).
  • On behalf of a Caribbean bank, won dismissal of a lawsuit for aiding and abetting a Ponzi scheme with claimed damages of over $200 million.  Anderson v. Hallmark Bank & Trust, Ltd., Index No. 27935/08 (Sup. Ct. Kings Cty.) (filed 2009).
  • On behalf of eleven Chinese steel manufacturers, won vacatur and dismissal of a $3.6 million maritime lawsuit.  Plamar Navigation Ltd. v. Tianjin Shengjia Shipping Co. Ltd., et al, Index No. 09-cv-5447 (S.D.N.Y.) (filed 2009)
  • On behalf of Korean government agency, won dismissal of claims for breach of contract and fraud with claimed damages of over $1 billion on Foreign Sovereign Immunity and forum non conveniens grounds.  Murphy v. Korea Asset Management Corporation, 421 F.Supp.2d 627 (S.D.N.Y. 2005), aff’d 190 Fed.Appx. 43 (2nd Cir. 2006), cert. denied 551 U.S. 1159 (2007).
  • Advised foreign government in a copyright infringement lawsuit filed against it in California seeking over $2 billion in damages (confidential).
  • On behalf of large Japanese automotive components manufacturer, won a trial verdict before the International Trade Commission in a patent case worth at least $400 million upholding the manufacturer’s right to import its flagship automotive condenser into the United States.  In the Matter of Certain Condensers, Inv. No. 337-TA-334W, 2000 WL 381560 (U.S.I.T.C. March 14, 2000).
  • On behalf of executive wealth management firm, settled a $12 million executive compensation case for about 1% of the amount at stake after successful spoliation motion (confidential).
  • Successfully represented claimant in a commercial real estate valuation arbitration by settling for about 100% of the amount claimed (confidential).
  • On behalf of large real estate developer, won summary judgment dismissing bankruptcy trustee’s fraudulent conveyance and avoidance claims under the Bankruptcy Code and New York Debtor & Creditor Law.  Kittay v. McLean, et al. (In re Palermo), Adv. Pro. No. 08-8205 (Bankr. S.D.N.Y.) (filed 2008).
  • On behalf of leading marketing company, settled breach of contract and employee-raiding claims for no payment (confidential).
  • On behalf of a corporate directors of a bankrupt four-state grocery store chain with $1.2 billion in unpaid debts, settled creditors’ claims for fraud and breach of fiduciary duty for 4 cents on the dollar (within insurance policy limits).  Wells Fargo Bank, N.A., In Its Capacity As The Creditors’ Committee Estate Representative, As Defined In The Final Liquidation Plan Of Jitney-Jungle Stores Of America, Inc., v. Bruckmann, Rosser, Sherrill & Co., Inc., et al., Civil Action No. 251-01-1153 (Circuit Court, Hinds County, Miss.) (filed 2001).

Plaintiffs

  • On behalf of bankruptcy trustee, settled for $4.25 million a claim against a commercial bank for aiding and abetting a ponzi scheme.  In re Liberty State Benefits, et al, Case No. 11-13404 (filed 2011).
  • On behalf of commercial landlord, obtained eviction and damage proceedings for breach of commercial lease.  The A.J.D. Building LLC v. Lime Wire LLC, Index No. 11-75019 (Civ. Ct. NY) (filed 2011).
  • On behalf of commercial lender, won summary judgment for $5 million against borrowers and guarantors.  Sovereign Bank v. MaribellaX Group, Ltd., et al., Index No. 113242/08 (Sup. Ct. NY Cty) (filed 2010).
  • Won a $20 million arbitration award on behalf of a reinsurer claiming a violation of the duty of utmost good faith (confidential).
  • On behalf of commercial lender, won summary judgment for $5 million against borrowers and guarantors.  Sovereign Bank v. MaribellaX Group, Ltd., et al., Index No. 113242/08 (Sup. Ct. NY Cty) (filed 2010).

Admitted to Practice

New York
United States Supreme Court
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Federal Circuit
United States District Court for the Eastern District of New York
United States District Court for the Southern District of New York

Publication

Co-author, Prost v. Anderson: In the Tenth Circuit Non-Existent Crime Doesn’t Pay Either, SideBAR, Federal Bar Association (Spring 2012) at 17-18.

Memberships

American Bar Association (Litigation)