Brian D. Graifman
With 25 years of experience, Brian Graifman is a seasoned litigator representing a wide spectrum of clients in complex litigation in state and federal courts, arbitration tribunals, and securities and regulatory disciplinary defense.
Brian has successfully litigated significant cases against regulators in a variety of forums, including a recent landmark decision at the United States Court of Appeals for the Second Circuit determining that FINRA has no authority to enforce collection of its disciplinary fines; a Second Circuit decision vacating with prejudice disciplinary sanctions that had been imposed by the NASD and sustained by the SEC; a Second Circuit case vacating a judgment for short-swing profits, in a decision rejecting a test established by Ninth Circuit, and where Brian successfully fended off a subsequent application of the U.S. Solicitor General seeking review at the United States Supreme Court; and another case where the United States Supreme Court invalidated portions of Helms Act restricting indecent material on cable TV in part based on plurality opinion adopting Brian’s argument.
Brian has also had numerous strategic and procedural victories, including cases defining the limits of jurisdiction and scope of arbitrability; a win at the Second Circuit establishing that arbitrability is determined by a summary judgment standard; a victory at the New York Court of Appeals dismissing the case on grounds of federal preemption; and another case vacating an arbitration award for lack of a fair opportunity to be heard.
Brian is an active member of the New York County Lawyers’ Association where he is Co-Chair of the Committee on New York State Supreme Court and serves on the Committees on Federal Courts, and Appellate Courts, and at the New York City Bar Association, as a member of the Judiciary Committee and past member of the Committee on State Courts of Superior Jurisdiction. Brian has co-authored and/or co-chaired various committee and association reports, served on panels, authored many articles in legal publications, and assisted in revamping court rules and forms.
Brian graduated from New York Law School in 1988, second in his class, where he was a Research Editor on Law Review and a member of Moot Court.
Among other past positions, Brian served as Law Clerk for the late Judge Roger J. Miner of the United States Court of Appeals for the Second Circuit, and was an Associate at Skadden, Arps, Slate Meagher & Flom. Brian is admitted to practice in the State of New York, and before the United States District Courts for the Southern and Eastern Districts of New York; the District Court of Connecticut, the United States Courts of Appeals for the Second and Ninth Circuits; and the United States Supreme Court. He is peer-rated as AV Preeminent, the highest rating bestowed by the publishers of the Martindale-Hubbell directory.