Rob Liubicic is a partner in the Los Angeles office of Milbank, Tweed, Hadley & McCloy and a member of the firm’s Litigation & Arbitration Group. Mr. Liubicic has been a partner since 2009. He was previously resident in the firm’s New York office, and is admitted to practice in both California and New York. He joined Milbank in 2006.
Primary Focus and Experience
Mr. Liubicic's practice is diversified, with an emphasis on complex commercial, securities, corporate control and bankruptcy litigation. He has extensive experience representing a broad range of financial institutions, as well as corporations in industries including energy, chemicals, telecommunications, gaming, insurance, manufacturing, retailing and pharmaceuticals, in all manner of disputes before courts, arbitral tribunals and self-regulatory organizations. Representative matters include:
- Representation of numerous US subsidiaries of Vitro S.A.B. de C.V., one of the world’s largest manufacturers of glass products, in defending against involuntary chapter 11 bankruptcy petitions brought by a group of institutional bondholders in the Northern District of Texas. The petitions were held invalid by the US Bankruptcy Court following expedited discovery and trial;
- Representation of some of the nation’s leading mutual fund advisors in various litigation and pre-litigation matters involving the 1933 Act, 1934 Act, and claims of excessive fees under the Investment Company Act of 1940;
- Representation of the Official Committee of Unsecured Creditors in the Lehman Brothers bankruptcy;
- Representation of private equity fund Cerberus Capital Management and its affiliates in defending a claim brought by United Rentals, which sought to compel Cerberus’ affiliates to close on a $7 billion merger. Following an expedited trial, the Delaware Chancery Court held that Cerberus’ affiliates were not obligated to close the transaction. See United Rentals, Inc. v. RAM Holdings, Inc., C.A. No. 3360-CC, 937 A.2d 810 (Del. Ch. 2007);
- Representation of major energy producers in a UNCITRAL price reopener arbitration involving hundreds of millions of dollars, including presentation of evidence at an eleven-day hearing before an arbitral panel;
- Representation of a boutique investment bank and broker-dealer in a NASD (FINRA) disciplinary proceeding alleging unlawful profit-sharing in connection with the allocation of “hot” IPO shares, resulting in the dismissal of all claims following a seventeen-day hearing before a NASD panel;
- Representation of a major wireless communication provider in an expedited merger litigation in Delaware Chancery Court, resulting in a complete victory following trial; and
- Multiple arbitrations for a leading investment bank taken to hearing in connection with various corporate control, executive employment and international law issues.
Prior to joining Milbank, Mr. Liubicic was an associate at Wachtell, Lipton, Rosen & Katz.
Recognition & Accomplishments
Mr. Liubicic was a James Kent Scholar at Columbia Law School, where he received the Whitney North Seymour Medal for trial practice. He was appointed to the pro bono panel of the US Court of Appeals for the Second Circuit in 2009.