Ari M. Selman

Ari also secured early dismissal of NY GBL § 349, federal securities claims, and common law claims asserted against a large, multinational technology company in a dispute arising from its geolocation technology in federal court in New York. The dismissal was subsequently affirmed by the Second Circuit Court of Appeals.

Ari also secured judgment on the pleadings and a complete summary judgment victory for a large retail client in a class action brought under the Illinois Biometric Information Privacy Act (BIPA). Plaintiffs had alleged that the client collected their biometric data without their consent when they called their financial services provider, in violation of BIPA. Following extensive documentary and depositional discovery, Ari and the team demonstrated that the client had no active role in collecting any biometric data, and that the extraterritoriality doctrine independently barred the plaintiffs’ claims because none of the relevant conduct occurred in Illinois.

Ari advises companies on compliance with ESG-related requirements and consumer protection laws and has written extensively on climate change regulations and emerging “greenwashing” litigation trends. Prior to law school, Ari was a legislative assistant to Nita Lowey, the former ranking member of a US House Appropriations Subcommittee, where he advised the congresswoman on environmental and energy issues.

Additionally, Ari represents clients in internal investigations brought by a wide range of regulators with a particular emphasis on banks and financial services firms. Ari secured the closure of several multi-year investigations of a financial institution by multiple federal regulators. The sprawling investigation focused on the firm’s consumer-facing practices over more than a decade. Ari also secured a highly favorable settlement of a multi-year investigation of a bank’s lending practices by the US Attorney’s Office for the Southern District of New York, focused on alleged violations of the Equal Credit Opportunity Act, in federal court in New York. Further, Ari secured closure of an extensive, multi-year investigation by the US Attorney’s Office for the Southern District of New York, into a financial service firm’s compliance with the Americans with Disabilities Act.

Ari also has broad-based experience in complex commercial matters. Ari secured a highly favorable resolution of a suit brought against a technology consulting firm in New York state court by a departing partner, after extensive discovery confirmed that the parties had agreed to use a more favorable means of measuring an exiting partner’s interest in the company. Ari also secured a highly favorable settlement of a suit brought against a sovereign nation client in federal court in New York, alleging the client breached its contractual obligations in connection with a significant tourism and public relations campaign. Ari also secured a complete dismissal with prejudice of breach of contract claims asserted against a retail client in New York state court, as well as breach of contract claims against a multi-national travel website in New York state court.  Finally, Ari secured a complete dismissal of fraud, breach of contract, quasi-contract, and negligence claims against a leading, national payroll service provider in New York state court.

Previously, Ari clerked for Judge Marjorie Rendell of the US Court of Appeals for the Third Circuit, and Judge Barbara Lynn of the US District Court for the Northern District of Texas.

Federal & State Appeals

• Successfully defended before the Second Circuit dismissal of all state law and federal securities claims, including claims under NY GBL § 349, brought against multinational equipment manufacturer
• Represented telecommunications company in appeal before the Second Circuit Court of Appeals in action brought under Section 16(b) of the Securities Exchange Act of 1934, 15 USC § 78p(b) and premised on a novel theory of first impression for the Circuit
• Represented cloud technology provider in appeal before the Third Circuit Court of Appeals in class action under the Illinois Biometric Information Privacy Act
• Represented financial company in appeal before the Ninth Circuit Court of Appeals in case involving construction of state labor statute
• Represented large commercial tenant before the Eleventh Circuit Court of Appeals in case involving novel bankruptcy and real property issues
• Defended educational and agricultural center in appeal before the New York Appellate Term

Complex Commercial Disputes & Class Action Litigation

• Secured complete summary judgment victory for cloud computing provider in putative class action brought under the Illinois Biometric Information Privacy Act
• Secured judgment on the pleadings for large technology company in putative class action brought under the Illinois Biometric Information Privacy Act
• Secured complete summary judgment victory in federal securities class action litigation against financial institution arising from the TelexFree Ponzi scheme, the largest Ponzi scheme by victim count with over $1 billion in claimed damages
• Secured highly favorable settlement in dispute arising from partner exit from a closely held technology company
• Secured complete dismissal of suit against large commercial tenant arising from alleged default on rental obligations
• Secured complete dismissal of fraud and breach of contract claims against consumer retailer
• Secured highly favorable settlement of breach of contract claims asserted against sovereign nation in federal court in New York
• Secured complete dismissal of fraud, breach of contract, quasi-contract, and negligence claims against leading, national payroll service provider
• Secured dismissal of fraud, breach of contract, quasi-contract, and negligence claims against leading, national payroll service provider
• Secured dismissal of fraud, breach of contract, negligence, and tortious interference claims at trial level and on appeal on behalf of major equipment manufacturer
• Secured dismissal of qui tam suit brought under the False Claims Act against major retail pharmacy
• Represented advertiser in connection with dispute arising from breach of asset purchase agreement
• Represented major retail pharmacy in various qui tam litigation alleging overbilling of State Medicaid and Medicare Part D programs
• Represented generic drug manufacturer in connection with breach of asset sale agreement
• Represented commercial tenant in dispute arising from claimed breach of long-term lease
• Represented not-for-profit entity in suit alleging defalcations by cemetery owner and operator
• Advised large international online retailer in connection with commercial dispute with domestic supplier
• Represented power company in valuation dispute involving exotic swap products

Government and Internal Investigations & Enforcement Actions

• Secured complete closure of three-year investigation of financial institution by the Consumer Financial Protection Bureau for alleged UDAAP violations without any enforcement action
• Secured complete closure of Department of Justice FIRREA investigation of Fortune 500 company without any enforcement action
• Represented Fortune 500 company in multiple government investigations of alleged violations of the Americans with Disabilities Act
• Represented large technology company in connection with government investigation of allegedly prohibited sales
• Secured dismissal of qui tam action against Fortune 500 company alleging violations of Freddie Mac, Fannie Mae, and FHA regulations
• Secured dismissal of qui tam action against major retail pharmacy in alleging overbilling of State and federal Medicaid programs
• Successfully resolve investigation by Department of Justice into alleged violations of the Fair Housing Act and Equal Credit Opportunity Act by institutional lender
• Conducted internal investigation into potential violations of FCPA by international consultants of large services company
• Assessed FCPA risks associated with potential private equity target

Securities Litigation

• Secured complete summary judgment victory in federal securities class action litigation against a large financial institution arising from the TelexFree Ponzi scheme, the largest Ponzi scheme by victim count with over $1 billion in claimed damages
• Secured complete dismissal with prejudice of action brought under Section 16(b) of the Securities Exchange Act of 1934, 15 USC § 78p(b) and premised on a novel theory of first impression for the Circuit
• Represented auditor in securities fraud action commenced by shareholders of allegedly sham foreign corporation
• Represented telecommunications company in multi-billion-dollar securities case, brought by allegedly-defrauded investors under Rule 10b-5 and Section 10(b) of the Exchange Act
• Represented large construction materials company at trial in connection with hostile-takeover litigation
• Represented large financial services company in mortgage-backed securities litigation

Bankruptcy-Related Trials & Litigation

• Represented cable company at successful trial in connection with fraudulent conveyance action commenced by the debtor
• Represented Ad Hoc Equity Committee in connection with contested confirmation hearing on manufacturer’s proposed reorganization plan
• Represented large financial services company in $500 million dispute with Lehman Brothers entity involving swap transactions
• Represented company in connection with swap and set-off dispute with Lehman Brothers entity