Brian D. Graifman
- Supreme Court Litigation
- Federal Court Litigation
Mr. Graifman has over 30 years of experience with complex litigation. His background includes serving as Law Clerk to Hon. Roger J. Miner at the U.S. Court of Appeals for the Second Circuit and as an associate at one of the nation's largest law firms. He is top-rated AV-Preeminent by Martindale-Hubbell, based on blind solicitations in the legal industry. He has litigated landmark cases, has won victories against regulators, and has prevailed in leading business cases, including rare vacaturs of arbitration awards. At the Second Circuit, he previously won six reversals in a row as part of seven consecutive wins there. As illustrated by the cases below, he has a record of discerning technical points not immediately apparent to others. See section at end for judges commending Mr. Graifman.
Bar Association Involvement
Mr. Graifman is active at the New York County Lawyers Association (NYCLA), and has served as past Co-Chair of the state Supreme Court Committee (2013-2015), during which he co-hosted NYCLA’s annual Law Day Luncheon, and from 2017-2019 co-hosted NYCLA’s annual reception for new, appointed, re-elected and elevated judges. He also served on the Board of NYCLA Foundation (2015-2020), and is a past member of the Appellate Courts Committee and the Federal Courts Committee, which awarded him its 2013 David Hinshaw Award for conspicuous and outstanding service. At the New York City Bar Association, he sat on the Judiciary Committee (2013-2016, 2017-2020), interviewing and rating judges, and previously on the Committee on State Courts of Superior Jurisdiction. Mr. Graifman has played a role in shaping many court rules and forms.
Mr. Graifman presents on many continuing legal education programs, including conceiving and chairing the Arts & Crafts of Litigation (2017, 2018) (latter program available at NYCLA online and through National Academy of Continuing Legal Education).
- New York Law School, New York, New York
- J.D. – 02/1988
- Honors: magna cum laude
- Honors: Rank 2 of 53 (Midyear)
- Law Review: New York Law School Law Review, Research Editor
- Manhattan School of Music, New York, NY
- B.S. – 1978
- Major: Music Theory
- New York, 1988
- U.S. Supreme Court, 1992
- U.S. Court of Appeals 2nd Circuit, 1990
- U.S. Court of Appeals 9th Circuit, 2006
- U.S. District Court Southern District of New York, 1990
- U.S. District Court Eastern District of New York, 1990
- U.S. District Court District of Connecticut, 1992
Representative Published Works
- Arts & Crafts of Litigation: Hyper About Hyperlinking?, New York Law Journal, Sept. 15, 2021 (online), Sept. 16, 2021 (newspaper).
- Arts & Crafts of Litigation: Practitioner’s Chart of Certain Updated Rule Requirements for Motion Papers, New York Law Journal, July 7, 2021 (online); Updated Rule Requirements for Motion Papers, New York Law Journal, July 8, 2021 (newspaper)
- Your “Non-Essential” E-Filed Case COVID-Halted? Not Necessarily, New York Law Journal, April 8, 2020 (online), April 10, 2020 (newspaper).
- Landlords still at risk for hosts’ illegal Airbnb rentals, New York Real Estate Journal, March 7, 2017 (co-author).
- Hosts Now Liable for Advertising Illegal Airbnb Rentals, But Landlords Still Within Enforcement Cross-Hairs, The Mann Report, March 2017 (co-author).
- Quoted in in The New York Law Journal on January 9, 2015, Commercial Division Takes Strong Stance Favoring Sanctions for ‘Dilatory Tactics’. (access available to NYLJ subscribers).
- Quoted in Commercial Division Takes Strong Stance Favoring Sanctions for ‘Dilatory Tactics’, Commercial Litigation Insider, January 7, 2015.
- Panic over ‘Branic’? Shelter Occupant Entitled to Rent-Stabilized Lease, co-written with Senior Partner David Rosenbaum, featured in The New York Law Journal, October 10, 2014.
- E-Filing of Sensitive & Confidential Material in New York State Courts: Longing To Feel Secure With Secure E-Filing No More, NY County Lawyer, Oct. 2013, at 6, col. 1.
- Chapter, Non-Customer “Customers” & Compulsory NASD Arbitration, in Securities Arbitration (Practicing Law Institute Aug. 15, 2002).
- Chapter, Federal Civil Nonparty Discovery: Things You Need to Know that Nobody Tells You, Winning Cases in Federal Court, NYCLA, April 1 & 8, 2002
- Chapter, Federal Civil Practice: Pitfalls & Best Practices, 1 Legal Malpractice: Techniques to Avoid Liability, Practicing Law Institute June 30, 1999.
- Article, ‘Denver Area’ Reveals Struggle Over Free Speech in New Media (Co-Author), N.Y.L.J., at 5, col. 1, Aug. 16 & 23, 1996.
- Letter, Query on O.J., N.Y.L.J., at 2, col. 6, July 7, 1994.
- Letter, Taping on Telephone Not Such a Bad Idea, N.Y.L.J., at 2, col. 6, Oct. 6, 1993.
- Letter, Don’t Banc On It, N.Y.S.B.J., at 8, Sept./Oct., 1993.
- Letter, Graduated Speed Limits?, N.Y. Times, at 12, col. 6, Oct. 13, 1991.
- Letter, Judge Jones’ Concurrence Hustled Magazine, Nat’l L.J., at 12, col. 2, July 22, 1991.
- Instruction Video, 10 Tough Times-Advice to Associates on Handling Some Hairy Situations (Co-Author), Featured in N.Y.L.J. and Court TV, at 1, col. 3, July 16, 1991.
- Letter, The Judge Not Chosen & Hustler Case, N.Y. Times, at A28, col. 4, Aug. 17, 1990.
- Letter, Constitution Provides Investigative Needs, Nat’l L.J., at 12, col. 2, June 4, 1990.
- Guest Column, Put Telephone Right to Privacy on Hold, N.Y.L.J., at 2, col. 2, Apr. 3, 1990.
- Letter, Readers Should be Thankful for All 4,000, Nat’l L.J., at 12, col. 2, July 4, 1988.
- Letter, Parody Protection, N.Y. Post, at 28, Dec. 14, 1987.
- Letter, Time to Sign Off on Parking Meter Matter, Nat’l L.J., at 12, col. 2, Jan. 19, 1987.
- Article, Ideological Semantics, U.S. Student L. News, at 3, col. 1, Dec. 15, 1986.
- Guest Column, Disillusionment of a Law Student, N.Y.L.J., at 2, col. 3, June 13, 1986.
- Letter, Don’t Blame Lawyers for the Crime Problem, N.Y. Post, Nov. 16, 1985.
Current Employment Position