Steven Michael Rosato

Steven M. Rosato

Associate
New York
About

Steven M. Rosato has a diverse litigation and arbitration practice spanning several practice areas and industries, with a focus on securities litigation, life sciences litigation and arbitration, and complex commercial and business litigation in the New York state and federal courts.

Steven is a noted New York practitioner. In just the past few years, Steven has appeared in dozens of actions, and has obtained significant victories, on behalf of a wide array of clients at every level of the New York state courts. Steven also has achieved significant victories in the New York federal courts, including most recently the complete dismissal of a $6.4 billion putative securities class action and a decision sustaining counterclaims relating to alleged corporate espionage and other wrongdoing by a Fortune 100 company.

In recognition of Steven's successful and growing litigation practice, Super Lawyers has selected Steven as a “Rising Star” in 2020, 2021, 2022, and 2023.

Areas of FocusLitigation, Arbitration and Investigations
Bar admissionsNew JerseyNew York
CourtsUnited States Court of Appeals for the Second CircuitUnited States District Court for the Southern District of New YorkUnited States District Court for the Eastern District of New YorkUnited States District Court for the Northern District of New YorkUnited States District Court for the District of New Jersey

RECENT EXPERIENCE

  • In re Bristol-Myers Squibb Co. CVR Securities Litigation (S.D.N.Y. 2023 and 2024): Steven twice briefed and won dismissal in its entirety of consolidated putative class action complaint against Bristol-Myers Squibb asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934 with respect to contingent value rights (“CVRs”) issued by Bristol-Myers Squibb as part of the consideration in its 2019 acquisition of Celgene Corporation. The second motion to dismiss resulted in a judgment dismissing the action with prejudice in its entirety in February 2024. Also in February 2024, the Supreme Court of New York, New York County, dismissed a putative class action asserting similar claims under the Securities Act, and a separate action arising under the Securities Act filed in New Jersey state court has been stayed in favor of the federal action since February 2023. Steven also is representing Bristol-Myers Squibb in related litigation pending in the Southern District of New York alleging breach of the underlying contract governing the CVRs.
  • AT&T Corp. v. Atos IT Solutions & Services, Inc. (S.D.N.Y. 2023): Steven briefed, argued, and won a motion for leave to amend counterclaims asserted on behalf of Atos IT Solutions & Services, Inc. to assert claims against AT&T Corp. alleging unlawful corporate espionage, unlawful use of trade secrets and confidential business information, and fraudulent concealment of these unlawful activities. The litigation is ongoing.
  • Cyprium Therapeutics, Inc. v. Curia Global, Inc. (N.Y. Supreme Court 2022 and 2023): Steven briefed, argued, and won a preliminary injunction on behalf of Cyprium Therapeutics staying Curia Global's attempted termination of contract to manufacture drug to treat rare childhood illness. He later briefed, argued, and won Curia's Global's appeal of an order rejecting Curia Global’s request to seal the docket in its entirety. The matter proceeded to a confidential arbitration hearing, where Steven handled the direct and cross examination of several fact and expert witnesses.
  • DeLucca v. Hayfin Capital Management (N.Y. Supreme Court 2023): Steven briefed a motion for summary judgment on behalf of Hayfin Capital Management and affiliates with respect to a multimillion-dollar earnout claim arising out of Hayfin's acquisition of a CLO manager; rather than respond to the motion, the plaintiff withdrew the action with prejudice.
  • 2939, LLC v. Continental Indemnity Company (E.D.N.Y. 2023): Steven briefed and won dismissal with prejudice of a claim for insurance coverage in excess of $20 million, after successfully defeating a related effort to vacate a default judgment entered against the insured in the Southern District of New York. The matter is pending appeal before the Second Circuit.
  • American Gene Technologies, Inc. v. Minaris Regenerative Medicine LLC (N.Y. Supreme Court 2022): Steven briefed, argued, and won a temporary restraining order on behalf of American Gene Technologies compelling Minaris to deliver a revolutionary cell therapy treating HIV to a patient participating in a clinical study. The delivery of that therapy to the clinical patient was instrumental to the ultimate success of the study. The underlying breach of contract action was later settled confidentially.
  • Applied Underwriters Matters (Various N.Y. State Courts): On behalf of client Applied Underwriters, Inc., Steven briefed and won dismissal of more than a half-dozen actions both at the trial court level and on appeal, and successfully briefed and defeated a motion for leave to appeal to the New York Court of Appeals.
Education
  • J.D., Seton Hall University School of Law
    Seton Hall Law Review, Submissions Editor
    magna cum laude
    Order of the Coif
  • B.A., Mathematics and Economics, Hamilton College

Awards

  • Super Lawyers: Rising Star, Business Litigation (2020 - 2024)

For more information, pursuant to New Jersey Lawyer Advertising guidance, please click here.

Pro Bono

Steven has successfully managed a variety of pro bono matters during his tenure at the firm. He has represented an LGBT community center in a litigation alleging violations of the center's rights under state anti-discrimination law, ultimately winning a preliminary injunction and reaching a confidential monetary settlement. More recently, he obtained a discharge upgrade for a United States Marine who served his country at the height of the Iraq War, an order granting asylum to an El Salvadoran immigrant who fled persecution on the basis of sexual orientation, and an order finding that a child support order had been willfully violated on behalf of an indigent mother.

Clerk Experience

Steven clerked for the Honorable Madeline Cox Arleo, District Judge of the United States District Court for the District of New Jersey.

Connect

Phone

+1 212 335 4586
(Work, New York)
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