Todd S. Garber
Phone: 914-298-3281 ext 32803
Benjamin N. Cardozo School of Law
United States District In Connecticut
United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
United States District Court for the Western District of New York
United States Court of Appeals, Second Circuit
United States Court of Appeals, First Circuit
United States Court of Appeals, Eleventh Circuit
Todd S. Garber is a founding partner of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP. Mr. Garber is committed to fighting for consumers’ rights, having successfully challenged some of the nation’s largest and most powerful corporations. Prior to founding Finkelstein, Blankinship, Frei-Pearson & Garber, LLP, Mr. Garber was a partner at Meiselman, Packman, Nealon, Scialabba & Baker P.C., a highly respected client centric boutique law firm where he successfully litigated complex class actions in federal and state courts across the country. Mr. Garber was designated a New York Super Lawyer in 2013 a distinction earned by only five percent of the lawyers in the New York metro area. Mr. Garber’s career achievements include:
- Appointed Class Counsel in Wise v. Energy Plus Holdings LLC, No.: 11-7345 (S.D.N.Y.). Plaintiffs alleged that Energy Plus, an independent electricity supplier, misrepresented that its rates were reflective of the market when they were much higher. The Court granted final approval of a settlement covering more than 400,000 consumers in eight states and valued at more than $11,000,000.
- Appointed Class Counsel in Brenner v. J.C. Penney Company, Inc., No. 13-11212 (D. Mass.). Plaintiff alleged that J.C. Penney requested and recorded customers’ ZIP codes, which it then used to identify consumers’ mailing addresses to send them junk mail, in violation of Massachusetts law. The Court granted final approval of a settlement valued at more than $3.5 million.
- Appointed Co-Lead Class Counsel in Tyler v. Bed Bath & Beyond, Inc., No. 13-10639 (D. Mass.). Plaintiff alleged that Bed, Bath & Beyond illegally requested and recorded customers’ ZIP codes.
- As counsel for the New York City Pension Funds, Lead Plaintiff in In re Juniper Networks, Inc. Sec. Litig., No. C-06-04327 JW (N.D. Cal 2010), helping achieve a settlement of $169.5 million, one of the largest settlements in an options backdating case, after more than three years of hard-fought litigation.
- Helping achieve a $69 million settlement that included structural protections for the class, including implementation of a majority of the minority vote, in an action in Delaware Chancery Court challenging a corporate merger.
- Successfully litigating an opt-out case on behalf of a large institutional client that resulted in a multi-million dollar recovery far exceeding that received by class members.
- Involvement in the prosecution of a number of high-profile cases, which have resulted in hundreds of millions of dollars in recoveries for investors, including In re WorldCom Securities Litigation, In re HealthSouth Securities Litigation, In re DaimlerChrysler AG Securities Litigation, and In re Bayer AG Securities Litigation.
- Representation of institutional investors in stockholder voting rights and corporate governance cases, including Gabelli Global Multimedia v. Western Investment LLC, 700 F. Supp. 2d 748 (D. Md. 2010); Delcath Systems, Inc. v. Ladd, 466 F.3d 257 (2d. Cir. 2006); Salomon Brothers Mun. Partners Fund, Inc. v. Thornton, 410 F. Supp. 2d 330 (S.D.N.Y. 2006); meVC Draper Fisher Jurvetson Fund I, Inc. v. Millennium Partners, 260 F. Supp. 2d 616 (S.D.N.Y. 2003); and Millenco L.P. v. meVC Draper Fisher Jurvetson Fund I, Inc., 824 A.2d 11 (Del. Ch. 2002). Mr. Garber co-authored “Morrison v. National Australia Bank: The Potential Impact on Public Pension Fund Fiduciaries,” The NAPPA Report, Vol. 24, Number 3, August 2010, and “Loss Causation in the Ninth Circuit,” New York Law Journal, September 2, 2008. Mr. Garber received his B.A. from Cornell University and his J.D. from the Benjamin N. Cardozo School of Law, where he was articles editor for the Cardozo Journal of International and Comparative Law, and was competitively selected to work for the New York City Law Department’s Corporation Counsel in its Appellate Division.
Mr. Garber is admitted to practice in New York and Connecticut and is a member of the bars of the U.S. District Courts for the Southern, Eastern and Western Districts of New York and the First and Second Circuit Court of Appeals. Mr. Garber also previously worked at Lowey Dannenberg Cohen & Hart, P.C., where he prosecuted and defended complex commercial litigation matters and class actions.
The New York State Trial Lawyers Association (NYSTLA) appointed Mr.Garber to co-chair a newly established Class Action Committee. A class action suit is a tool that enables attorneys to hold defendants accountable when many plaintiffs suffer similar harm and can be effective in preventing corporations from inflicting future harm. Unfortunately, New York’s laws regarding class actions are weak compared to federal rules, and often present complications for consumers seeking justice. The Class Action Committee will seek to amend problematic New York State laws that (among other things) create statutory barriers and limit compensation for victims.