Arthur S. Linker

Arthur S. Linker concentrates his practice in the areas of complex commercial litigation, financial and securities litigation, accountants’ liability and product liability. He has litigated a broad variety of securities, corporate and partnership, financial, accounting and auditing, ERISA, RICO, creditors’ rights, product liability, trusts and estates, antitrust, defamation, real property and commercial cases.

In addition to pretrial and trial advocacy, Mr. Linker has had extensive federal and state appellate experience on behalf of the firm’s individual and business clients as well as indigent persons, for whom he has been appointed as appellate counsel by the US Court of Appeals for the Second Circuit in numerous cases.

Mr. Linker is a member of the American Bar Association, the New York State Bar Association, the Association of the Bar of the City of New York, and the Federal Bar Council Committee on Second Circuit Courts. He has served as an adjunct professor at the Benjamin N. Cardozo Law School, where he taught pretrial litigation practice, and as a faculty member for the National Institute for Trial Advocacy.

Mr. Linker received a BA, summa cum laude and Phi Beta Kappa, and an MA in physics from Columbia University. He earned his JD, cum laude, from Harvard University. Mr. Linker is admitted to practice in New York and before the US District Courts for the Southern and Eastern Districts of New York and the District of Arizona, the US Courts of Appeals for the Second, Fourth, Eighth and Ninth Circuits, and the US Supreme Court.

Representative Cases

• Touche Ross & Co. v. Redington, 442 U.S. 560 (1979) (represented auditor of failed NYSE brokerage firm in obtaining dismissal of federal securities law claims).
• Piercy v. Citibank, N.A., 48 N.Y.2d 900, 400 N.E.2d 1349, 424 N.Y.S.2d 897 (1979) (represented asset management division of bank in obtaining dismissal of claims asserted by its client).
• Heidi Associates v. Lawyers Title Insurance Co., 67 N.Y.2d 1041, 494 N.E.2d 350, 504 N.Y.S.2d 87 (1986) (represented title insurer in obtaining dismissal of claims by purchaser of apartment building).
• Colon v. Howard, 215 F.3d 227 (2d Cir. 2000) (obtained ruling that inmate held in solitary confinement for 305 days was entitled to federal due process rights).
• Aguirre v. INS, 79 F.3d 315 (2d Cir. 1996) (Second Circuit, overruling its own precedent, held that alien’s drug offense was not aggravated felony that would preclude discretionary relief from deportation).
• Empire Volkswagen, Inc. v. World-Wide Volkswagen Corp., 814 F.2d 90 (2d Cir. 1987) (represented distributor in obtaining dismissal of claims by former dealer).
• In re Estate of Stravinsky, 770 N.Y.S.2d 40 (1st Dep’t 2003) (represented English publisher of composer’s works in obtaining judgment against German publisher).
• In re Dickinson, 273 A.D.2d 89, 709 N.Y.S.2d 69 (1st Dep’t 2000) (represented beneficiary in defeating claim for reformation of trust).
• Edison Fund v. Cogent Investment Strategies Fund, Ltd., 551 F. Supp. 2d 210 (S.D.N.Y. 2008) (represented issuer in obtaining dismissal of securities law claims).
• Toledo Blade Newspaper Unions-Blade Pension Plan v. Inv. Performance Servs. LLC, 448 F. Supp. 2d 871 (N.D. Ohio 2006) (represented investment advisor to pension plan in defense of ERISA claims).
• Dietrich v. Bauer, 76 F. Supp. 2d 312 (S.D.N.Y. 1999) (represented alleged underwriter in defense of securities law claims).
• DeLaurentis v. Job Shop Technical Services, Inc., 912 F. Supp. 57 (E.D.N.Y. 1996) (represented auditor of defrauded pension plan in defense of ERISA claims).
• In re JFK Acquisitions Group, 166 B.R. 207 (Bankr. E.D.N.Y. 1994) (successfully opposed debtor’s attempt to strip mortgage lender’s lien and obtained super-priority claim on behalf of lender).
• Alleco v. IBJ Schroder Bank & Trust Co., 745 F. Supp. 1467 (D. Minn. 1989) (after successfully obtaining summary judgment in favor of indenture trustee, obtained significant monetary recovery on behalf of bondholders).
• In re Crutcher Resources Corp., 72 B.R. 628 (Bankr. N.D. Tex. 1987) (on behalf of indenture trustee, successfully opposed sale of debtor’s profitable operating subsidiaries to insiders).
• In re Beker Industries Corp., 64 B.R. 900 (Bankr. S.D.N.Y. 1986) (on behalf of official committee of debenture holders, successfully opposed sale of debtor’s assets).