Anderson Kill has announced that David Graff has joined the firm's Corporate and Commercial Litigation Group as a shareholder. At age 31, he is Anderson Kill's youngest shareholder. An aggressive and creative litigator, Mr. Graff counsels his clients across the full spectrum of their business needs, including commercial litigation and arbitration, corporate and transactional work, and estate and succession planning. Mr. Graff's clients are in industries including alcoholic beverage, securities, general financial services, construction, special servicers of myriad type debt, and real estate developers. Joining Mr. Graff in the move to Anderson Kill are associates Shveta Kakar and Rachael Kierych; the trio come from Windels Marx Lane and Mittendorf LLP.
Mr. Graff prosecutes and defends all aspects of commercial disputes, litigating breach of contract, fraud, fraudulent conveyances, fiduciary duty, and business tort matters as well as securities litigations, litigations in the bankruptcy court, and employment litigations. He also acts as national counsel to a special servicer of student loan debt with over $1 billion under management.
In his litigation work, Mr. Graff has employed novel strategies and won first-of-a-kind results. Recently, in a case reported extensively in the media, he obtained the unusual remedy of a ‘put’ option for his client’s shares as part of a contempt order against a Chinese company’s failure to produce books and records, resulting in a $32 million dollar judgment for his client, plus attorneys’ fees and costs. The Delaware Chancery also appointed a Receiver in the case, and since then, working with the Receiver, Mr. Graff has spearheaded a multi-jurisdictional effort to enforce the judgment, taking control of the company’s two subsidiaries in the British Virgin Islands as well as the subsidiary in Hong Kong. The judgment was also domesticated in the Southern District of New York and through ex parte seizure raids against the company’s CFO, investor liaison firm and auditors, a wealth of information has been uncovered and the Receiver is in the process of seizing and locating assets all over the world.
Also joining Anderson Kill is Shveta Kakar, a litigator with over a decade of experience, who works closely with Mr. Graff. Ms. Kakar has represented clients ranging from Fortune 500 companies to high-ranking public officials and arts organizations in matters involving complex commercial litigation and appeals before U.S. courts. She has also obtained political asylum for various individuals, including a well-known constitutional law professor and Chinese dissident.
In 2010, Ms. Kakar was a visiting scholar at Columbia Law School and taught a course at on U.S.-India Comparative Constitutional Law with Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University.
Rachael Kierych, a 2012 graduate of Fordham Law School, also joins Anderson Kill's litigation team. Working closely with Mr. Graff and Ms. Kakar, Ms. Kierych has played an integral role in case development, research, and drafting of key documents in cases involving breach of contract, fraud, fraudulent conveyances, shareholder rights in public securities, bankruptcy and business tort.