Daniel M. Abuhoff, a partner and member of Debevoise & Plimpton LLP’s Litigation Department, has been described in Chambers USA as “thoughtful,” “balanced” and “business-focused”; a “persuasive negotiator”; a litigator with the ability to “fine-tune an argument” and a “first-rate attorney, who combines technical acumen with a great sense of humor, which helps put clients at ease in difficult situations.”
In sum, Mr. Abuhoff is an “immensely practical and well-informed counselor”—“direct, to the point and creative”—“who leaves esoteric advice at the door.”
Mr. Abuhoff has tried cases in courtrooms across the country and in arbitrations here and abroad. His practice encompasses a wide range of litigation with a specialty in antitrust, including practicing extensively before the U.S. antitrust enforcement agencies. He has shepherded numerous transactions through those agencies, including noteworthy mergers in the radio, oil and gas, packaging and consumer goods industries.
He has also handled numerous environmental matters under CERCLA and state regulatory regimes, including PRP disputes turning on scientific evidence and successorship issues.
Mr. Abuhoff has practiced at Debevoise for over 35 years; he became a partner in 1988. He received his A.B. magna cum laude from Princeton University in 1975 and his J.D. from Columbia Law School in 1978, where he was a Kent Scholar.
Mr. Abuhoff is admitted to appear in numerous courts, including the Southern and Eastern Districts of New York, the Second Circuit Court of Appeals and the United States Supreme Court.
Experience :
- General Litigation
- Successful international arbitration (ICC), following week-long hearing (May/2014), defending claims of fraud and breach of contract against co-venturer in purchase of telecommunications business.
- Successful representation in arbitration in New York on behalf of investor in proprietary life insurance projects. This matter concluded in 2011.
- Successful LCIA arbitration in London on behalf of New York bank in joint venture dispute with European financial services firm. The decision of the Tribunal was rendered in May 2010.
- SV Investment Partners in a successful trial in Delaware Chancery Court in 2006 for declaratory judgment that ThoughtWorks was obligated by Charter to redeem $48 million of preferred shares held by private equity firm SV Investment Partners.
- Antitrust Litigation
- Defendant in federal action in New York regarding purchasers of freight forwarding services against domestic and international freight forwarding companies, alleging conspiracy to impose surcharges in violation of Sherman Act.
- Swedish Match in a landmark settlement of antitrust claims against its rival seller of moist snuff in the United States, USST. Under the terms of the settlement, USST paid $200 million and handed over ownership of its cigar business to Swedish Match.
- Representation of creditors accused of illegal price fixing in negotiating the United Airlines bankruptcy workout. The creditors’ defense that the antitrust laws do not apply in the bankruptcy context was upheld by the Seventh Circuit Court of Appeals.
- Antitrust/Mergers
- Westfield in the company’s $24.7 billion sale to Unibail-Rodamco, Europe’s largest listed commercial property company.
- Numerous clients in obtaining antitrust approval of strategic transactions, by the U.S. antitrust enforcement agencies, the Federal Trade Commission and the Antitrust Division of the Department of Justice.
- Hertz Global Holdings in the antitrust aspects of its proposed $1.56 billion acquisition of Dollar Thrifty Automotive Group.
- Rank Group before Department of Justice, Antirust Division, in the antitrust aspects of Rank’s $338 million acquisition of Blue Ridge Paper Products, a manufacturer of specialty paper board packaging products.
- Environmental Litigation
- Uniroyal Holding et al. in a CERCLA litigation with Waste Management in Federal District Court in Wisconsin concerning liability for remediation of the release of hazardous substances transported from Uniroyal Corporation’s manufacturing facilities. Uniroyal Holding was granted summary judgment.
- Uniroyal Holding in its CERCLA litigation with the EPA, represented by the Department of Justice, concerning numerous former Uniroyal Corporation facilities and third-party sites throughout the United States.
- Betaseed, Inc. in National Environmental Policy Act cases relating to the United States Department of Agriculture’s approval of genetically modified sugar beet seed. The Department of Agriculture ultimately approved the product for unrestricted commercial distribution in 2012.
Education :
- Columbia Law School, 1978, J.D.
- Princeton University, 1975, A.B.
Bar Admissions : New York
Cost
Rate : $$$