Susan G. Rosenthal

Ms. Rosenthal is a partner in the Business Trial and Finance & Bankruptcy Practice Groups in the firm's New York office.

Areas of Practice

Ms. Rosenthal concentrates her practice in corporate and commercial litigation, representing businesses and financial institutions in areas such as contract interpretation, the Uniform Commercial Code, equipment leasing, secured transactions and lender liability.  She also conducts investigations for businesses, banks and financial institutions, as well as representing businesses, banks and financial institutions in defense of class actions.  She has successfully litigated cases in federal, state and bankruptcy courts throughout the country (i) proving that a personal property lease is a true lease and not a conditional sale under the Uniform Commercial Code; (ii) enforcing the rights of assignees of commercial paper where debtors assert among other defenses (a) fraud (b) lack of consideration (c) non-negotiability of the instrument (d) oral modifications and/or amendments to contracts; (iii) defeating attempts to equitably subordinate debt; and (iv) defeating vendors' claims for the purchase price of equipment from financial institutions that finance the end-users.

In addition, Ms. Rosenthal has litigated other types of business disputes, from corporate dissolutions to claims of trademark infringement.  She is also an experienced appellate practitioner.

Education

• J.D., New York University School of Law, 1974
• B.A., Harpur College, State University of New York at Binghamton, 1971

Admissions

• Federal courts for the Southern, Eastern and Northern Districts of New York
• U.S. Court of Appeals for the Second, Third and Eleventh Circuits
• Supreme Court of the United States

Memberships

• Court-appointed mediator, U.S District Court for the Southern District of New York
• Court-appointed arbitrator, U.S. District Court for the Eastern District of New York
• Member, Equipment Leasing Association, served on the Legal Committee and currently serves on the Credit and Collections Committee

Articles

• When do Rambo litigation tactics go too far
• Forum Selection Clauses 
• Annual updates on the hottest cases under Articles 2, 2A and 9 of the Uniform Commercial Code
• Troubled lessors and the rights of assignees of commercial paper
• True lease versus secured transaction
• Asset valuation, recovery, resale and legal strategies
• Alternative dispute resolution
• Check-cashing as an accord and satisfaction
• Websites, electronic commerce and related legal issues
• Ethics issues for outside counsel raised by Sarbanes-Oxley
• Gramm-Leach-Bliley Act Privacy provisions