Edwin M. Baum, Partner New York
ebaum@crowell.com
Phone: +1 212.803.4033
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

Edwin Baum is a partner in Crowell & Moring's New York office and a member of the firm's Litigation Group (including leading the litigation practices in the New York office). Ed formerly served as a member of the firm’s Management Board and as managing partner of its New York office.

Ed's practice is concentrated on representing public and privately-held entities, and their principals and directors, in multi-faceted business-related litigations. Ed represents preeminent businesses in the financial services, pharmaceutical, information technology, automotive, transportation, and industrial products sectors. He offers clients the combined benefits of extensive experience in the arts of trial and appellate advocacy, and in-depth practical knowledge of multiple substantive disciplines that often are involved in today's complex business disputes. His cases frequently involve the interplay between the competing and at times inconsistent laws governing financial services, securities, corporate governance, antitrust, product and consumer liability, trade secret protection, and employment that shape relations between and among business entities, their senior personnel, and merger and acquisition counterparties.

Ed regularly represents corporations, and their directors and special committees in investigation and defense of shareholder derivative and class actions, and serves as national or coordinating counsel for clients facing class actions, governmental investigations and litigations, or other potentially significant matters requiring experience in multiple disciplines. He also frequently counsels clients on assessing potential liabilities in transactional matters and business planning, and in developing action plans to prevent or minimize litigation risks.

Ed's advocacy has produced extensively cited decisions (and victories for his clients at trial and on appeal) in a wide range of matters, such as:

  • Class and shareholder derivative actions involving the securities laws, breach of fiduciary duty, governance disputes and M&A transactions: Gaskins v. Nahmad, et al., 2017 WL 14377583, affirming and adopting 2017 WL 1335166 (U.S.D.C.-S.D. Fla. 2017), appeal dismissed, No. 17-11819-DD (11th Cir. May 30, 2017)(dismissing shareholder derivative and putative class action against directors alleging breach of fiduciary duties in relation to executive compensation); Woebel v. INTL FCStone, Inc., 14-cv-232-AKH (U.S.D.C.-S.D.N.Y Feb. 5, 2015) (dismissing putative shareholder securities class action); Brent v. Presidential Life Corp., 12-cv-07894-JMF (U.S.D.C.-S.D.N.Y. Jan. 16, 2013) (putative shareholder securities and fiduciary duty class action voluntarily dismissed after court denied preliminary injunction to enjoin merger); Kahn v. Kurz, et al., C.A. No. 5175-CC (Del. Ch. Oct. 4, 2010) (derivative action in proxy contest dismissed); Davis v. Rondina, 741 F. Supp. 1115 (S.D.N.Y. 1990) (granting preliminary injunction barring ouster of co-founding shareholder in closely-held corporation).  

  • Consumer, product liability and antitrust class actions and attorney general proceedings: Reed Elsevier Inc. v. Crockett,  2012 U.S. Dist. LEXIS 23947 (S.D. Ohio 2012), aff'd, 73 F.3d 594 (6th Cir. 2013), cert. denied, 134 S.Ct. 2291 (2014) (summary judgment granting declaration that the claimant is precluded from pursuing claims in arbitration on behalf of any purported class); Bookhouse of Stuyvesant Plaza, Inc. v. Amazon, Inc., 985 F.Supp.2d 612 (S.D.N.Y. 2013) (dismissing putative class action alleging unlawful restraint of trade and monopolization relating to e-books); Beaird v. NRT Texas, Inc. d/b/a Coldwell Banker Residential Brokerage Co., Civil Case No. 06- 5794 (FSH) (U.S.D.C. - D.N.J., Order dated Jan. 16, 2009) (denying class certification); Peter C. Harvey, Attorney General v. Nissan North America, Inc., 2005 WL 1252341 (partial summary judgment) and transcript decision dated May 25, 2005 (directing judgment for defendant after trial) (N.J. Super. Ct.); Bikowicz v. Sterling Drug, Inc., 161 A.D.2d 982, 557 N.Y.S.2d 551 (3d Dep't 1990)(reversing trial verdict).

  • Financial services and lender liability, creditors' rights, and business torts: Saab Automobile AB v. General Motors Company, No. 12-cv-13432 (U.S.D.C.-E.D. Michigan, June 18, 2013), aff'd, 770 F.3d 436 (6th Cir. 2014) (dismissing alleged $3 billion claim for tortious interference with economic expectancy); Asset Securitization Corporation v. ORIX Capital Markets, LLC, 12 A.D.2d 215, 784 N.Y.S.2d 513 (1st Dep't 2004), leave to appeal denied, 4 N.Y.3d 704, 825 N.E.2d 1092, 792 N.Y.S.2d 897 (2005) (affirming dismissal of claims against CMBS special servicer for alleged breach of contract and fiduciary duties); The R.E. Hable Co. v. ORIX Credit Alliance, Inc., 256 A.D.2d 114, 682 N.Y.S.2d 160 (1st Dep't 1998) (dismissing lender liability and other tort claims alleged in putative class action).

  • Impact appellate litigation: Reed Elsevier Inc. v. Crockett,  2012 U.S. Dist. LEXIS 23947 (S.D. Ohio 2012), aff'd, 73 F.3d 594 (6th Cir. 2013), cert. denied, 134 S.Ct. 2291 (2014) (summarized above); Graham v. Dunkley, 50 A.D.3d 55, 852 N.Y.S.2d 169 (2d Dep't), appeal dismissed, 10 N.Y. 3d 835 (2008) (upholding the constitutionality federal of tort-reform statute (the "Graves Amendment") that pre-empts state laws imposing vicarious liability on owners of leased or rented automobiles); Keller v. ORIX Credit Alliance, Inc., 130 F.3d 1101 (3d Cir. 1997) (en banc) (clarifying standards for, and affirming grant of summary judgment of dismissing employment discrimination claims based on alleged “direct evidence”); Collins & Aikman Group, Inc. v. Allianz Insurance Co., Dkt. No. B112298 (Cal. Ct. App., 2d Dist. 1998) (reprinted by Mealey's Insurance Reports as Document #03-000919-012) (reversing summary judgment and confirming first-party coverage for environmental losses).

  • Trade secrets and confidential information: Parity Energy, Inc. v. Tiger LLC, Index No. 651879/2016 (N.Y. Sup. Ct., N.Y. Co. April 2016)(defeated motion for TRO and preliminary injunction barring use and compelling escrow of software developed by client); Purdue Pharma L.P. v. Wollocko, Index No. 03-07733 (N.Y. Sup. Ct., Westch. Cnty June 11, 2009 (granting preliminary and permanent injunction in favor of client, and awarding damages after trial).

Other lawyers and law firms retain Ed to counsel and represent them in issues involving professional responsibility and ethics, as well as to represent the law firms—or the chief executives and other senior officers of those other law firms' clients—in employment and disciplinary matters. In addition, drawing on his extensive formal training and experience in dispute resolution, Ed often serves, both as advocate and as a neutral, in arbitrations, mediations, and other alternative dispute resolution proceedings.

Ed devotes a substantial portion of his professional time to service to the profession and the community, including work for and leadership on committees of several major bar associations, and in moot court and other law school and college alumni programs. Ed is a fellow of the New York Bar Foundation; a past President and a Trustee of West End Synagogue in New York, NY; and co-chair of the Presidents' Forum, and a member of the Congregational Services Committee, of the Jewish Reconstructionist Communities in association with the Reconstructionist Rabbinical College.

Affiliations

Admitted to practice:

  • State of New York
  • U.S. Courts of Appeals for the Second, Third, and Eleventh Circuits
  • U.S. District Courts for the E.D.N.Y., S.D.N.Y, N.D.N.Y., and E.D. Mich.
  • Registered Foreign Lawyer – England & Wales

Memberships:

  • New York State Bar Association (Section of Commercial and Federal Litigation)
  • New York City Bar Association
  • Fellow: New York Bar Foundation

Clerkship and other distinctions:

  • Law Clerk, U.S. District Court, E.D.N.Y., Hon. I. Leo Glasser (1984-1985)
  • New York Super Lawyers (2006-2016)


Highlights, News & Knowledge


Speeches & Presentations

  • "ACC’s New York City Chapter - The Art of Contracting: Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts," ACC's New York City Chapter, New York, NY. (June 15, 2017). Presenters: Edwin M. Baum, Alan Howard, Ilana Lubin, and Paul J. Pollock.
  • Webinar: The Art Of Contracting: Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts - Part 2 (May 24, 2017). Presenters: Ed M. Baum, Paul J. Pollock, Alan Howard, and Ilana Lubin.
  • "The Art Of Contracting: Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts - Part 1," Association of Corporate Counsel Webinar (April 12, 2017). Presenters: Ed M. Baum, Paul J. Pollock, Alan Howard, and Ilana Lubin.
  • "The Art of Contracting: Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts," Association of Corporate Counsel–New York City Chapter Signature CLE Program, New York, NY (July 13, 2016). Presenters: Edwin M. Baum, Alan Howard, Ilana Lubin and Paul J. Pollock.
  • "Understanding What Your Firm Expects of You Now and in the Future," The New Partner Forum, New York, NY (November 4-5, 2014). Panelist: Edwin M. Baum.
  • "Don't Sign that Yet!" Workshop 4, Crowell & Moring, New York, NY (June 19, 2014). Presenters: Edwin M. Baum, Brian Blitz, Elizabeth A. Figueira, and Paul Pollock.
  • "Don't Sign that Yet!" Workshop 4, Crowell & Moring, Washington, D.C. (February 25, 2014). Presenters: Bryan Brewer, Edwin M. Baum, Elizabeth A. Figueira, and Neil M. Sitron.
  • "Don't Sign that Yet!" Workshop 3, Crowell & Moring, New York, NY (July 10, 2013). Presenters: Edwin M. Baum, Elizabeth A. Figueira, and Paul Pollock.
  • "Don't Sign that Yet!" Workshop 2, Crowell & Moring, New York, NY (April 11, 2013). Presenters: Joseph A. Adams, Edwin M. Baum, Alan Howard, and Paul J. Pollock.
  • "Don't Sign that Yet!" Workshop 1, Crowell & Moring, New York, NY (February 12, 2013). Presenters: Edwin M. Baum, Dickerson M. Downing, Alan Howard, and Paul J. Pollock.
  • "Trade Secrets Litigation," New York State Judicial Institute Program (January 2005). Program Faculty: Edwin Baum.
  • "Keeping to the Straight and Narrow: Ethical Issues for Civil Litigators," New York State Bar Association Program (January 2002). Program Co-Chair & Faculty: Edwin Baum.
  • "Advice from the Experts on Successful Appellate Advocacy and Federal Appellate Practice," New York State Bar Association Program (January 2000). Program Faculty: Edwin Baum.
  • "Litigating Employment Cases – Views from the Bench," Georgetown University Law Center CLE Program (January 2000). Program Faculty: Edwin Baum.
  • "Legal, Ethical and Strategic Issues Concerning Former Employees' Testimony," American Corporate Counsel Association Program (January 1998). Lecturer: Edwin Baum.
  • "Litigating Employment Cases – Views from the Bench," Georgetown University Law Center CLE Program (January 1998). Program Faculty: Edwin Baum.
  • "Impact of Recent Supreme Court Employment Cases," American Corporate Counsel Association Program (January 1998). Lecturer: Edwin Baum.
  • "Appellate Practice in the U.S. Court of Appeals for the Second Circuit," New York State Bar Association Program (January 1996). Program Faculty: Edwin Baum.
  • "Insurance Claim Handling," American Corporate Counsel Association Program (January 1992). Lecturer: Edwin Baum.


Publications

  • "State Courts — The New M&A Battleground," Law360 (February 21, 2014). Author: Edwin M. Baum.
  • "Litigation Forecast 2014: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2014). Contributor.
  • "Litigation: 'Don't Sign that Yet': Common Contract Terms that Can Get You Into Court," InsideCounsel (January 30, 2014). Co-Authors: Edwin M. Baum and Kathleen Balderrama.
  • "Presentation of the Case in Chief," Commercial Litigation in New York State Courts, 3d Edition 2010 & 4th Edition 2015 (West/Thompson Reuters Business). Author: Edwin Baum.
  • "Helping Clients Address Problems Proactively," Strategies For Limiting Product Liability, 113-131 (Aspatore Books) (January 2007). Author: Edwin Baum.
  • "The Pre-Litigation Phase for the Potential Defendant," Litigating Employment Cases – Views From the Bench, Georgetown University Law Center CLE Publication (January 2000). Author: Edwin Baum.
  • "Evidentiary Issues in Employment Law: Direct Evidence, Stray Remarks and Rule 412," Litigating Employment Cases – Views From the Bench, Georgetown University Law Center CLE Publication (January 1998). Author: Edwin Baum.
  • Committee on Federal Courts of the Association of the Bar of the City of New York, Appeals to the Second Circuit (January 1993). Contributing Author: Edwin Baum.
  • "Handicapped prisoners: An ignored minority?" Columbia Journal of Law and Social Problems, Vol. 18, No. 3 (January 1984). Author: Edwin Baum.


Client Alerts & Newsletters



In the News

  • New York Cases to Watch in 2016
    December 24, 2015 — Law360
  • Big Law on Notice after Judge Scolds Firms for Bad Writing
    March 27, 2015 — Law360
  • GCR 100 – 15th Edition
    December 2014 — Global Competition Review
  • Crowell & Moring Names N.Y. Managing Partner
    May 6, 2014 — New York Law Journal
  • Products Liability Expert: Toyota Will Rebound From Recall Debacle
    February 4, 2010 — New York Law Journal, Interviewed
  • Toyota, Eying Its Reputation, Issues Repair for Gas Pedals
    February 2, 2010 — New York Times, Quoted
  • Toyota faces biggest legal, PR headache since Tylenol's tampering fiasco, says one lawyer
    February 2, 2010 — National Law Journal, Quoted
  • Suits Over Toyota's Sticky Gas Pedals Accelerate
    February 1, 2010 — Law360, Quoted
  • Toyota Fights to Salvage Reputation as a Safety Leader
    January 28, 2010 — Wall Street Journal, Quoted
  • Toyota Heir Faces Crisis at the Wheel
    January 27, 2010 — Wall Street Journal, Quoted
  • Rental Companies Spared from Vicarious Liability Law
    February 21, 2008 — New York Law Journal
  • Ins 'n' Outs of Insider Trading
    December 11, 2005 — Denver Post, Quoted
  • Greenburgh Turf Deal Falls Apart and Woodlands Field is Closed
    September 2, 2005 — The Journal News, Quoted
  • Martha Stewart's trial on charges of securities fraud and obstruction of justice
    March 3, 2004 — Bloomberg Radio, Interviewed
  • Martha Stewart's trial on charges of securities fraud and obstruction of justice
    March 3, 2004 — Fox News Channel, Interviewed
  • Stewart Case, Now Narrowed, Soon Will Be in Jury’s Hands
    March 1, 2004 — The Wall Street Journal, Quoted
  • Fraud Count Dismissal Could Cut Both Ways
    March 1, 2004 — The New York Law Journal, Quoted
  • Martha Stewart's trial on charges of securities fraud and obstruction of justice
    February 27, 2004 — Bloomberg Televsion: Newsline, Quoted
  • Martha Stewart's trial on charges of securities fraud and obstruction of justice
    February 27, 2004 — Fox News Channel, Interviewed
  • Tyco Ex-Finance Chief to Testify; Kozlowski Plans to Rest His Case
    February 10, 2004 — The Wall Street Journal
  • Insider Trading Difficult To Prove
    January 29, 2004 — The New York Sun
  • Martha Stewart Prosecutors Likely to Call Key Witness Today
    January 29, 2004 — The Star-Ledger
  • Judge Declares Mistrial in Quattrone Case
    October 24, 2003 — Dow Jones News Service
  • Your World with Neil Cavuto
    October 24, 2003 — Fox News Channel
  • Fox News Interview
    October 10, 2003 — Fox Channel 5 News


Firm News & Announcements

Nov.30.2016 Super Lawyers Recognizes 71 Crowell & Moring Lawyers Across United States
Oct.27.2015 Super Lawyers Recognizes 90 Crowell & Moring Attorneys
Sep.30.2014 Super Lawyers 2014 Recognizes 90 Crowell & Moring Attorneys
May.27.2014 Crowell & Moring's Insurance/Reinsurance Group Nominated for Chambers USA "Award of Excellence"
Jun.10.2013 Litigation Note: Crowell & Moring Client General Motors Prevails in $3 Billion Suit
Sep.01.2012 Super Lawyers 2012 Recognizes 42 Crowell & Moring Attorneys
May.14.2012 Complex Commercial Litigation Duo Joins Crowell & Moring, Boosts New York Trial Team