Stacey P. Eilbaum

Stacey Eilbaum is an associate in the Litigation Department. Her practice involves a variety of complex commercial litigation matters, including contract disputes, securities litigation, cross-border commercial disputes and domestic and international arbitration. Stacey has appeared in state and federal court and in proceedings before JAMS and the International Chamber of Commerce.

Stacey’s recent representations include an international arbitration based in London under the ICC Rules concerning indemnity provisions in a personnel supply agreement and securities litigation in New York related to the multibillion-dollar Petrobras scandal in Brazil.

Firm/Organization: Proskauer Rose LLP

Blogs: Corporate Defense and Disputes, Minding Your Business

Latest Articles

Minding Your Business

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

By Stacey P. Eilbaum

June 12, 2017

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does not, standing alone, constitute a waiver of attorney work product protections” even if the user lacked reasonable assurance of confidentiality necessary to bring the documents within the attorney-client or marital privileges. In Miller v. Zara USA, Inc.,…

Minding Your Business

Amended Rule 34: No Boilerplate Objections, but Specificity Remains a Question

By Brittany Benavidez, Stacey P. Eilbaum & David M. Jacobson

March 15, 2016

Amended in December alongside many other rules in the Federal Rules of Civil Procedure, Rule 34(b)(2)(B) now requires that objections to document requests be stated with “specificity.” The early applications of the amended rule demonstrate that boilerplate objections will not stand, but courts have yet to answer more nuanced questions regarding the level of specificity the amended rule requires. Amended Rule 34(b)(2)(B) reads in pertinent part: “For each item or category, the response must either…

Corporate Defense and Disputes

SEC Chair Calls for Reexamination of Treasury Market Regulations in Light of High Speed Electronic Trading

By Harry Frischer, Brian Friedman, Boris Zeldin & Stacey P. Eilbaum

October 21, 2015

On October 20, 2015, SEC Chair Mary Jo White gave the keynote address at the “Evolving Structure of the U.S. Treasury Market” conference organized by the U.S. Department of Treasury and the Federal Reserve Bank of New York. The conference and speech follow this summer’s Joint Staff Report analyzing the significant volatility that the U.S. Treasury market experienced on October 15, 2014. The Joint Staff Report was a cooperative effort of the Department of Treasury,…

Corporate Defense and Disputes

CFTC Accuses Firm Manually Entering Orders Of Spoofing Scheme That Fooled Algorithmic Traders

By Harry Frischer, Brian Friedman, Boris Zeldin & Stacey P. Eilbaum

October 20, 2015

Potentially abusive trading algorithms, such as algorithms that purportedly engage in “spoofing” or “layering” are the subject of considerable regulatory interest. However, in an interesting complaint filed on October 19, 2015, the CFTC alleged that a firm manually entering futures orders engaged in illegal spoofing that appears to have lured algorithmic traders into the market. …

Corporate Defense and Disputes

Justice Department Prioritizes Prosecution of Individuals for Corporate Misconduct in New Guidance

By Sigal Mandelker & Stacey P. Eilbaum

September 11, 2015

After prolonged criticism over its lack of prosecution of individuals responsible for corporate misconduct, the Justice Department has issued new internal guidance that makes clear that prosecuting individuals in white collar cases is a high priority and should be considered at the very early stages of a corporate misconduct investigation. …

Corporate Defense and Disputes

Delaware Senate Passes Bill Prohibiting Bylaws on Fee Shifting

By Jonathan Richman, Tanya Dmitronow, Rachel Wolkinson & Stacey P. Eilbaum

May 13, 2015

Yesterday, the Delaware Senate passed legislation prohibiting publicly-traded corporations from adopting bylaws that force shareholders to pay legal fees if they bring internal corporate claims against the company in court and do not win. The legislation also allows Delaware corporations to designate Delaware – but not any other state – as the exclusive forum for internal corporate claims. The bill passed on a 16-5 vote and now heads to the Delaware House of Representatives.…

Corporate Defense and Disputes

Delaware Legislature to Consider New Fee-Shifting Legislation

By Jonathan Richman, Tanya Dmitronow, Rachel Wolkinson & Stacey P. Eilbaum

May 6, 2015

On April 29, 2015, Senator Bryan Townsend introduced legislation that would amend the Delaware General Corporation Law (DGCL) to ban fee-shifting bylaws for Delaware stock corporations (non-stock corporations would continue to be able to adopt fee-shifting bylaws). The bill, Senate Bill No. 75, would also confirm the Court of Chancery’s decision in Boilermakers Local 154 Retirement Fund v. Chevron Corp., 73 A.3d 934 (Del. Ch. 2013), by amending the DGCL to permit board-adopted…

Corporate Defense and Disputes

SEC Charges Ex-CEO with Concealing Personal Use of Corporate Funds from Investors, Settles with Corporation

By Sigal Mandelker & Stacey P. Eilbaum

April 3, 2015

Signaling that it is closely scrutinizing the expenses of senior executives and the internal controls of public companies, the Securities and Exchange Commission charged former Polycom CEO Andrew M. Miller this week with using approximately $190,000 in corporate funds for personal expenses and falsifying business records to hide this scheme from investors. The SEC alleged in its civil complaint that Miller submitted, or directed his administrative assistants to submit on his behalf, requests for reimbursement…

Corporate Defense and Disputes

State Bar Council Proposes New Legislation for Delaware Fee-Shifting Ban and Delaware Court of Chancery Considers Fee-Shifting Bylaw

By Jonathan Richman, Tanya Dmitronow, Rachel Wolkinson & Stacey P. Eilbaum

March 20, 2015

In December, we reported on the Delaware Court of Chancery’s continued validation of board-adopted forum-selection bylaws in City of Providence v. First Citizens BancShares, Inc., 99 A.3d 229, 234 (Del. Ch. 2014), and the proposed amendment to the Delaware General Corporation Law (DGCL) that would eliminate the ability of Delaware stock corporations to impose liability for attorneys’ fees on shareholders through bylaw and charter provisions—a response to the Delaware Supreme Court’s decision in ATP …

Corporate Defense and Disputes

Delaware Legislature to Resume Debate in January on Bylaws Imposing Liability on Shareholders

By Tanya Dmitronow, Rachel Wolkinson & Stacey P. Eilbaum

December 18, 2014

The D&O Diary featured a version of this post, entitled “New Debate in January on Delaware Bylaws re Shareholder Liability,” as a guest blog post. Many thanks to Kevin LaCroix of The D&O Diary for publishing our post. The ability of corporations to impose liability on shareholders through bylaws and charter provisions has been the subject of much debate recently. On May 8, 2014, the Supreme Court of Delaware held in ATP Tour, Inc. v. Deutscher Tennis…

Stacey P. Eilbaum

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

Amended Rule 34: No Boilerplate Objections, but Specificity Remains a Question

SEC Chair Calls for Reexamination of Treasury Market Regulations in Light of High Speed Electronic Trading

CFTC Accuses Firm Manually Entering Orders Of Spoofing Scheme That Fooled Algorithmic Traders

Justice Department Prioritizes Prosecution of Individuals for Corporate Misconduct in New Guidance

Delaware Senate Passes Bill Prohibiting Bylaws on Fee Shifting

Delaware Legislature to Consider New Fee-Shifting Legislation

SEC Charges Ex-CEO with Concealing Personal Use of Corporate Funds from Investors, Settles with Corporation

State Bar Council Proposes New Legislation for Delaware Fee-Shifting Ban and Delaware Court of Chancery Considers Fee-Shifting Bylaw

Delaware Legislature to Resume Debate in January on Bylaws Imposing Liability on Shareholders

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