Professionals
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Murphy & McGonigle Professionals


Theodore A. Krebsbach
tkrebsbach@mmlawus.com
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1185 Avenue of the Americas
21st Floor
New York, New York 10036
(212) 880-3975
Fax: 212-880-3998
Cell: 347-758-2295

Practice Areas

Securities Arbitration and Alternative Dispute Resolution
Enforcement Defense and Government Investigations
Securities and Complex Commercial Litigation

Biography

Mr. Krebsbach has been a leading member of the securities defense bar for decades and has represented many of the largest broker-dealers and investment banks and their employees.  He focuses his practice on the defense of securities industry clients in enforcement proceedings before the SEC, FINRA and state regulators, federal and state court litigation, and securities arbitration proceedings nationwide.

Mr. Krebsbach is currently defending clients in a broad range of enforcement matters that include allegations of market manipulation by traders, insider trading by analysts, and sales practice violations by various securities industry professionals.  Recently concluded matters include the defense of a large global bank’s executives, traders and sales professionals in a joint US Attorney and SEC investigation of its auction rate securities practices, and dismissal of all claims in a related arbitration hearing; dismissal of all charges against a branch manager after a FINRA enforcement hearing, and the reversal on appeal before FINRA’s National Adjudicatory Council of all charges against a registered representative previously barred for life after a FINRA enforcement proceeding handled by another law firm. 

Before entering private practice, Mr. Krebsbach spent thirteen years at Shearson Lehman Brothers, where he served as its Director of Litigation from 1987-1993, litigated many of its significant cases, and managed its global litigation and arbitration caseload and 25-attorney in-house litigation team.  While at Shearson Lehman Brothers, he successfully argued the two landmark United States Supreme Court securities arbitration cases, Shearson v. McMahon (1987) and Rodriquez de Quijas v. Shearson (1989).  These cases established securities arbitration as the primary forum for resolution of investor disputes with broker-dealers.

Mr. Krebsbach recently served as the securities industry defense bar panelist at FINRA’s Annual Conference seminar on FINRA Disciplinary Hearings trial tactics, and he frequently speaks at seminars on topics of interest to the securities defense bar.  He has served two terms as a member of the FINRA National Arbitration and Mediation Committee (2002-2004 and 1991-1993), and testified before U. S. Congressional hearings on securities arbitration in Washington, D.C. (1988).

Education

J. D., Fordham University School of Law, 1978
B.A., Political Science, University of Notre Dame, 1975

Admissions

New York

Court Admissions

U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals, Second Circuit
U.S. Supreme Court

Legal Experience

  • Murphy & McGonigle, New York, NY, September 2012 to present
  • Krebsbach & Snyder, New York, NY, 1993 to 2012
  • Shearson Lehman Brothers, New York, NY, 1980 to 1993
  • Redmond & Pollio, Garden City, New York, 1978 to 1980

Representative Speaking Engagements

  • Inter-American Bar Association, “Introduction to FINRA Securities Arbitration” Luncheon Series (panelist), New York, New York, February 5, 2016
  • Securities Industry and Financial Markets Association "Compliance and Legal Division Seminar," "Securities Arbitration,"  Phoenix, Arizona, March 16, 2015
  • Securities Industry and Financial Markets Association “Compliance and Legal Division Seminar,” “Securities Arbitration,” Grande Lakes, Florida, April 2, 2014
  • New York State Bar Association Seminar "Securities Arbitration & Mediation 2014," New York City, New York, March 11, 2014 
  • New York City Bar Association, “Securities Arbitration and Mediation – Hot Topics 2013,”  New York City, June 4, 2013
  • FINRA Annual Conference, “FINRA Disciplinary Proceedings,” Trial Tactics and Strategies – Securities Industry Perspective, Washington, D.C., May 21, 2013
  • Securities Industry and Financial Markets Association "Compliance and Legal Division Seminar," "Securities Arbitration,"  Phoenix, AZ, March 23, 2011
  • Brooklyn Law School Symposium: "Revisiting Mandatory Arbitration in Customer Securities Disputes" Brooklyn, New York, March 23, 2010
  • Securities Industry and Financial Markets Association "Compliance and Legal Division Seminar," "Securities Arbitration," Phoenix, AZ, March 24, 2009
  • Practicing Law Institute: "Securities Arbitration 2006:  Taking Responsibility," New York City, New York, August 16, 2006
  • Practicing Law Institute: "Securities Arbitration 2006:  Taking Responsibility," New York City, New York, August 16, 2006
  • New York Stock Exchange "NYSE Regulation First Annual Securities Conference," Panel on Dispute Resolution/Arbitration, New York City, New York, June 22, 2005
  • NASD Dispute Resolution Arbitrator Training, the "Discovery Arbitrator Pilot Program," Los Angeles, California, June 8, 2005
  • Brooklyn Law School Lecture "The History of Securities Arbitration," Brooklyn, New York, March 14, 2005
  • Securities Industry Association "Compliance and Legal Division Seminar," Palm Desert, California, April 3, 2005
  • New York State Bar Association Seminar "Securities Arbitration 2004 - A Primer for the Practitioner," New York City, New York, October 26, 2004
  • Securities Industry Association "Compliance and Legal Division Seminar," Lake Buena Vista, Florida, April 7, 2003
  • Securities Industry Association Compliance and Legal Division Seminar," Palm Desert, California, March 11, 2002
  • New York County Lawyers Seminar "Securities ADR:  Essential Practical Skills in Arbitration and Mediation," New York City, New York, June 21, 2001
  • New York County Lawyers Seminar "Securities ADR:  Essential Practical Skills in Arbitration and Mediation," New York City, New York, June 21, 2001
  • Securities Industry Association Compliance and Legal Division Seminar," Orlando, Florida, March 19, 2001
  • Practicing Law Institute: "How New Products, Theories and Defenses Are Changing the Landscape of Arbitration Practice," New York City, New York, August 17, 2000
  • Securities Industry Association "Arbitration/Mediation Palm Desert, California," March 14, 2000

Publications

  • “An Arbitration Tour de Force,” Review of NY Practitioner’s Guide to Securities Arbitration and Mediation by David E. Robbins, Securities Arbitration Commentator, April 2013
  • "Keeping Arbitration Moving:  Enforcing Discovery Deadlines and Legitimate Information Requests," NASD's The Neutral Corner featured article, October 2004 (with Brian N. Smiley)
  • "Cross-Examining the Unsuitable Investor," New York State Bar Association, October 26, 2004"Arbitration Update,” Securities Industry Association, March 17, 1997 (With Matthew Farley and Richard L. Martens)
  • "Settlement of Broker Dealer Arbitrations,” Practicing Law Institute, May 1, 1995
  • "Pre-dispute Arbitration Agreements,” New York Stock Exchange, Inc. Symposium on Arbitration in the Securities Industry, Fordham Law Review, Volume LXIII, Number 5, April 1995
  • "Bank Mutual Fund Compliance,” International Business Communications Seminar, November 17, 1994 (With Philip J. Hoblin, Jr.)
  • "Deciding What Cases are Appropriate for Mediation,” Strategic Research Institute, L.P., September 13, 1994 (With William A. Olshan)
  • "Openings, Summations and Legal Briefs: Techniques & Strategies,” Practicing Law Institute, August 17, 1994
  • "Bank Mutual Fund Compliance: What to do When Compliance Violations Occur: Assessing the Alternatives,” International Business Communications Seminar, June 7, 1994 (With Philip J. Hoblin, Jr.)
  • "Defense Counsel Perspective,” Securities Arbitration Commentator, Volume 6, Number 4, May 1994
  • "Securities Arbitration Today: Defense Counsel Perspective,” Securities News, American Bar Association Committee on Securities Litigation, Volume 3, Number 3, Summer 1994
  • "Recent and Pending Rule Changes and Developments in Securities Arbitration,” Securities Industry Association Legal and Compliance Division Annual Meeting Course and Materials, March 21, 1994 (Also March 22, 1993, April 6, 1992, April 30, 1991, March 21, 1990
  • "Alternative Dispute Resolution: In-House Brokerage Counsel's Perspective,” Law Journal Seminars Press Second Annual Employment & Litigation Conference, October 12, 1993
  • "ADR v. Litigation: Why Are Many Corporations Opting for ADR (Resolving Disputes Between Clients and Broker-Dealers),” Strategic Research Institute, September 22, 1993
  • "Defending Brokers and Broker Dealers: Inside Counsel's Perspective,” Practicing Law Institute, Volume 2, July 14, 1993 (with Paul M. Foster and Karen Fine)
  • "Arbitration,” National Association of Securities Dealers Educational Seminar, October 5, 1992
  • "Defending Brokerage Firms Against Customer Complaints,” Practicing Law Institute, Volume 2, July 22, 1992 (with Jeffrey L. Friedman) (also July 17, 1991 and July 18, 1990)
  • "Enforceability of Agreements to Arbitrate,” Practicing Law Institute, November 13, 1989 (with Jeffrey L. Friedman)
  • "Broker Dealer Litigation,” Practicing Law Institute, September 19, 1989 (with Jeffrey L. Friedman) (also October 7, 1988)
  • "Securities Arbitration: Defending a Brokerage Firm,” Practicing Law Institute, July 13, 1989 (with Jeffrey L. Friedman) (also June 1, 1988, and October 6, 1987)
  • "The Arbitral Forum,” Prentice Hall Law & Business, January 30, 1989 (with Jeffrey L. Friedman)
  • "Arbitration Reform,” Hearings Before the Subcommittee on Telecommunications and Finance of the Committee on Energy and Commerce, One Hundredth Congress, Second Session, Serial Number 100-216, pages 74-107, U.S. Government Printing Office, Washington, D.C., 1989.
  • "Alternatives to Dispute Resolution,” New York State Bar Association, July 23, 1988 (with Jeffrey L. Friedman)
  • "Attorney-Client Privilege in the Deposition Context: Considerations for In-House Counsel,” Practicing Law Institute, June 16, 1987 (with Jeffrey L. Friedman)