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Robert M. Zabb

Of Counsel

Robert M. Zabb

Mr. Zabb has over 30 years of experience in complex litigation that includes a comprehensive background in both federal and state courts in securities class actions, 10(b) lawsuits, employment and business litigation and tax law. A longtime proponent of financial accountability, Mr. Zabb represents individuals, consumers, public pension funds, unions, multi-employer plans and other institutional investors in securities class and direct actions, shareholder derivative litigation, corporate acquisition cases, and qui tam and whistleblower litigation.

Mr. Zabb earned his undergraduate degree in 1975 from Yale University where he graduated cum laude. He received his law degree in 1980 from Columbia Law School where he was named a Harlan Fiske Stone Scholar and graduated in the top 25% of his class. Mr. Zabb went on to complete his Masters of Law degree in taxation at New York University in 1982 and earned his Masters in Business Administration at USC Marshall School of Business in 1987. Mr. Zabb qualified for, took and passed the Uniform Certified Public Accountant Examination.

Prior to joining our firm, Mr. Zabb served as lead or co-lead counsel in various large, complex securities class actions involving accounting fraud and factual misstatements which victimized the investing public. Many of these cases involved multinational or foreign companies or entities and required international or foreign investigation and/or foreign court proceedings, such as KPNQwest, a European telecommunciations provider; Infonet, a company jointly owned by European national telephone companies; and MTC, a company which claimed to own telecommunications joint ventures in China. His efforts resulted in substantial recoveries for investors. Mr. Zabb also has experience litigating SEC cases, including SEC v. Thrasher and In re Motel 6 Securities Litigation.

Mr. Zabb’s work has resulted in numerous reported federal decisions on accounting fraud, governing principles of federal securities law and federal discovery. He has played an instrumental role in opt-out cases and 10(b) lawsuits, including Kayne, et al. v. MTC, which involved ownership of telecommunications joint ventures in the People’s Republic of China. The Ninth Circuit later adopted an important RICO ruling in Kayne on retroactivity as its rule.

Mr. Zabb has additionally been involved in high stakes litigation before the U.S. Supreme Court, representing two large insurers seeking contribution in Employers Insurance of Wausau v. Musick, Peeler & Garrett. He authored the prevailing Supreme Court brief, and the consequent ruling established the right of contribution in Rule 10b-5 securities lawsuits.

Mr. Zabb’s MBA in accounting and finance, as well as his LLM in taxation provide essential tools for uncovering financial and business fraud and other wrongdoing. Mr. Zabb serves as an active member of the Los Angeles County and New York State Bar Associations.

Education

Columbia Law School (JD, Harlan Stone Fiske Scholar) 1980

NYU School of Law (LLM, Taxation) 1982

USC Marshall School of Business (MBA) 1987

Yale College (B.A., cum laude) 1975

Bar Admissions

California, 1983
New York, 1980
Massachusetts, 1980 (Inactive)

Courts

U.S. Supreme Court
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court
  (Central, Northern, Southern and Eastern Districts of California)
  (Northern, Southern, Eastern and Western Districts of New York)
  (District of Massachusetts)

Published Opinions

Employers Insurance of Wausau v. Musick, Peeler & Garrett
508 U.S. 286 (1993)

In re Savient Pharmaceuticals, Inc. Securities Litigation
283 Fed.Appx. 887, (3rd Cir. 2008)

Payne v. DeLuca
433 F.Supp.2d 547 (W.D. Penn. 2006)

Clair v. DeLuca
232 F.R.D. 523 (W.D. Penn. 2006)

In re Infonet Services Corp. Securities Litigation
310 F.Supp.2d 1106 (C.D. Cal. 2003)

S.E.C. v. Thrasher
152 F.Supp.2d 291 (S.D.N.Y. 2001)

Berg v. MTC Electronics Technologies
61 Cal.App.4th 349 (1998)

Significant Cases

Glover v. DeLuca
(W.D. Penn. 2006) 2006 WL 2850448

S.E.C. v. Thrasher
(S.D.N.Y. 1996) 1996 WL 507318

Payne v. DeLuca
(W.D. Penn. 2007) 2007 WL 1029756

Bank Hapoalim B.M. v. Bank of America Corp.
(C.D. Cal. 2012) 2012 WL 6814194

Titans Trading Corp. v. JTS Exp.
(2009) 2009 WL 1542722

99454 In re Motel 6 Securities Litigation
(S.D.N.Y. 1997) 1997 WL 34850852

Kayne, et al. v. MTC Electronic Co., Ltd., et al.
(E.D.N.Y. 1995) CV-95-0488

Publications

Secret Preemption
Los Angeles Lawyer, Vol. 36, No. 6 (September 2013)
Sa’id Vakili & Robert Zabb