Mr. Brosterman is a partner in the Litigation Practice Group. His practice focuses on commodities, securities and general corporate litigation. He has served as counsel for plaintiffs and defendants in actions arising from the purchase and sale of a wide range of physical commodities, securities and derivatives. His clients include commodity trading firms, banks, energy companies, securities firms, hedge funds, and other public and private companies and their officers and directors. He acts as principal litigation counsel to several firms which consult with him on a wide range of matters.
Mr. Brosterman regularly appears on behalf of clients before the Commodity Futures Trading Commission, the Securities and Exchange Commission, the Federal Energy Regulatory Commission, and the various exchanges and other self-regulatory organizations.
Mr. Brosterman has an active trial practice and has tried dozens of jury and non-jury cases in state and federal courts throughout the United States. He has represented clients in appeals before several of the United States Courts of Appeals and in the New York State appellate courts, and in arbitrations before domestic and international tribunals. He has also successfully tried enforcement proceedings brought by the SEC and CFTC. Mr. Brosterman regularly lectures on securities, commodities and corporate law topics, and conducts compliance seminars in each of these areas.
Following graduation from law school, Mr. Brosterman joined the Office of the General Counsel of the SEC in Washington, D.C. As an attorney in that Office for three years, he represented the SEC as a party and as amicus curiae in appeals before the United States Supreme Court, the United States Courts of Appeals for the Second, Fifth, Sixth, Ninth and D.C. Circuits and in actions before the United States District Courts.
- Member, American Bar Association
Member, The Association of the Bar of the City of New York
ADMITTED TO PRACTICE
New York, 1975
U.S. District Court, Southern District of New York, 1978; U.S. District Court, Eastern District of New York, 1978; U.S. Court of Appeals, Second Circuit, 1976; U.S. Court of Appeals, Eighth Circuit, 1988; U.S. Court of Appeals, Federal Circuit, 2001; U.S. Court of Appeals, Fourth Circuit, 2006; U.S. Supreme Court, 1982
J.D., Brooklyn Law School, 1974; Editor, Brooklyn Law Review, 1973-1974; Member, Brooklyn Law Review, 1972-1973
B.A., State University of New York, Albany, 1971
NEWSBack To Full Bio
47 Stroock Partners and Counsel Named to Best Lawyers in America for 2018
August 15, 2017|Press Release
47 Stroock Partners and Counsel Named to Best Lawyers in America for 2017
August 15, 2016 |Press Release
Stroock Wins Victory on Behalf of Grant Thornton International in Parmalat Bankruptcy Lawsuits
September 21, 2009
Capital Markets Crisis Group Expansion
April 3, 2008
Stroock is Recognized by the Annual Chambers USA Law Firm Rankings
June 28, 2007
PUBLICATIONSBack To Full Bio
"Supreme Court Unanimously Rules SEC Power to Seek Disgorgement Subject to Five-Year Statute of Limitations"
June 6, 2017|Stroock Special Bulletin
- "Supreme Court Leaves Remote Tippee Liability Unresolved in Salman v. United States"December 8, 2016|Stroock Special Bulletin
- "Cross-Border Application of Margin Requirements for Uncleared Swaps"June 6, 2016|Stroock Special Bulletin
- "D.C. Circuit Vacates District Court Decision Refusing to Approve Fokker’s Deferred Prosecution Agreement with the Department of Justice and Clarifies the Standard for Evaluating Deferred Prosecution Agreements"April 7, 2016|Stroock Special Bulletin
- "Recent Developments in the Regulatory Treatment of Bitcoin"January 2016 |Intellectual Property & Technology Law Journal
- "Final Margin Rules for Uncleared Swaps: A Comparison"January 25, 2016|Stroock Special Bulletin
- "Recent Developments in the Regulatory Treatment of Bitcoin"October 19, 2015|Stroock Special Bulletin
- "FERC Proposes Expanding Disclosure Requirements for RTO and ISO Market Participants to Cover Broader Array of Information"September 25, 2015|Stroock Special Bulletin
- "Stroock Files Amicus Brief in the U.S. Supreme Court in Merrill Lynch v. Manning"September 16, 2015|Stroock Special Bulletin
- "Multilateral Netting Under Safe Harbor Contracts: The Arguments for Enforceability in Bankruptcy (And for Mandatory Withdrawal of the Issue to District Court)"April/May 2015|Pratt's Journal of Bankruptcy Law
- "CFTC Issues Interpretive Guidance and Exemptive Order Regarding Cross Border Swap Regulations"July 25, 2013|Stroock Special Bulletin
- "CFTC Issues Final Rules Regarding Position Limits for Derivatives"December 5, 2011|Stroock Special Bulletin
- "CFTC Adoption of Large Trader Reporting and Recordkeeping Rules for Physical Commodity Swaps"November 21, 2011|Stroock Special Bulletin
- "CFTC Issues Rules Covering Market Manipulation and Fraud,"September 8, 2011|Stroock Special Bulletin
- "CFTC Issues Proposed Regulations Regarding Position Limits for Derivatives"April 2011|Derivatives, Vol. 12, No. 8
- "CFTC Issues Proposed Regulations Regarding Position Limits for Derivatives"February 28, 2011|Stroock Special Bulletin
- "CFTC Issues Releases Covering Market Manipulation and Disruptive Trading Practices"December 15, 2010|Stroock Special Bulletin
- "Risk-Adjusted Damages Calculation in Breach of Contract Disputes: A Case Study"2010|Journal of Business Valuation and Economic Loss Analysis: Vol. 5 : Iss. 1, Article 4
- “Issues Arising from the Bernard L. Madoff Investment Securities Matter”December 17, 2008|Stroock Special Bulletin
- "Panel Discussion: Emergency Economic Stabilization Act of 2008"October 14, 2008|Stroock Special Bulletin
- “The Supreme Court and Long-Term Energy Contracts: Seller Beware”July 7, 2008|Stroock Special Bulletin
- "A Guide to FERC Anti-Manipulation Authority"April 2007|Stroock Publications
- "Recent Changes To FERC Anti-Manipulation Authority,"May 2006
- "Choice-Of-Law Provisions For Derivative Counterparties"April 24, 2006|Derivatives Week
EVENTSBack To Full Bio
ACI Energy Trading Compliance & Regulatory Enforcement Conference
May 24-25, 2016
Emerging Energy Industry Developments Conference
October 20, 2015
SkyBridge Alternatives (SALT) Conference
May 7-10, 2013
Baruch College’s Insider Trading Panel
March 8, 2011
Stroock Audio Conference: "The Emergency Economic Stabilization Act of 2008: Opportunities and Challenges"
October 14, 2008
2007 Power Industry Developments
May 11, 2007
2005 Power Industry Developments
Friday, March 18, 2005
Energy Spring Seminar - "2004 Power Industry Developments"
May 21, 2004
- "Supreme Court Leaves Remote Tippee Liability Unresolved in Salman v. United States"