Overview

Gabriel advises companies ranging from startups and closely held family businesses to mature, public companies, as well as individuals, on complex commercial disputes, government investigations, employment issues, and intellectual property disputes involving trademark and copyright.

Gabriel has extensive experience negotiating employment, consulting, separation, and other agreements for professionals and corporate executives, and counseling clients through issues that arise in those relationships—from routine separations to complex business disputes. Gabriel also handles trade secret and other intellectual property matters that routinely afflict businesses and entrepreneurs. Therefore, he is called upon by clients ranging from individual executives to hospitality groups and technology companies.

While Gabriel seeks to help clients avoid costly litigation whenever possible, as a seasoned trial lawyer, he is adept at trying cases from both sides of the “v” in state and federal court, whether representing defendants who have been sued or plaintiffs seeking to vindicate their rights. He has also represented clients in litigation before the USPTO’s Trademark Trial and Appeal Board, the American Arbitration Association, JAMS, argued an appeal before the United States Court of Appeals for the Second Circuit, and has handled cases in Illinois, Delaware, Texas, California, and Kentucky.

In his white-collar practice, Gabriel has successfully navigated numerous, seven-, eight- and nine-figure investigations and prosecutions, including cases arising from allegations of insider trading, healthcare fraud, tax fraud, thefts of trade secrets, and other complex misconduct. Most recently, he has achieved excellent results in defending False Claims Act qui tam suits arising from the Paycheck Protection Program, CARES Act, and Anti-Kickback Statute. As a former prosecutor, Gabriel is never one to shy away from a challenging case and often achieves favorable results in difficult circumstances.

Prior to private practice, Gabriel was a felony-level assistant district attorney in the Economic Crimes Bureau at the Bronx County District Attorney’s Office, where he oversaw investigations into white-collar criminal matters and was involved in several high-profile prosecutions.

A lifelong New Yorker and diehard Knicks fan, Gabriel is also a native Russian speaker.

Credentials

Education

  • Northwestern Pritzker School of Law (2014), Dean’s List (Fall 2012-Spring 2014); Journal of International Law and Business, Senior Editor (2014)
  • New York University, B.A. in Economic Policy with honors (2010)

Languages

Selected Results

Representative Matters

The following representative matters were handled prior to joining Robins Kaplan LLP.

  • Secured preliminary injunction in favor of closely held Delaware corporation whose former officer started company infringing on corporation’s trademarks.
  • Obtained dismissal of all claims before NYS Commercial Division against former executive of investment firm accused of fraud pertaining to seven-figures’ worth of loans plaintiff investor made to investment firm.
  • Negotiated favorable eight-figure buyout in contentious family dispute brought before the NYS Commercial Division.
  • Represented plaintiff real estate development firm in contract dispute arising out of commercial property development, which resulted in favorable settlement for plaintiff after overcoming defendants’ motion to dismiss.
  • Obtained dismissal of copyright claims brought against e-commerce service provider in lawsuit for contributory infringement.
  • Represented defendants in litigation arising out of contentious business divorce before NYS Commercial Division and negotiated favorable settlement on defendants’ behalf after obtaining dismissal of certain claims.
  • Successfully overturned (in part) district court’s grant of judgment on the pleadings on appeal before the United States Court of Appeals for the Sixth Circuit in connection with multi-million-dollar construction dispute, which subsequently resulted in favorable settlement for multinational construction company.
  • Obtained dismissal for accounting firm and related principals who provided fractional CFO services to unrelated corporate co-defendant being sued for fraud and breach of contract arising out of failure to provide millions of dollars’ worth of personal protective equipment.
  • Represented plaintiff father in successful resolution of multi-million-dollar fraud action brought against defendant son.
  • Obtained seven-figure settlement for wrongly ousted chairperson of family business.
  • Successfully defended trustee in hotly contested Surrogate’s Court accounting proceeding.

Selected White-Collar Results:

  • Negotiated favorable settlement as lead counsel for multi-defendant False Claims Act qui tam suit in which United States Attorney’s Office for Southern District of New York intervened, which arose out of Paycheck Protection Program.
  • Obtained below Guidelines sentence in well-publicized white-collar case concerning conspiracy to commit bribery and bid-rigging charges.
  • Achieved non-custodial sentence for defendant in tax fraud prosecution brought by United States Attorney’s Office for Eastern District of New York.
  • Argued Second Circuit appeal in connection with multi-million-dollar international conspiracy to defraud.
  • Represented whistleblower in connection with CFTC investigation that resulted in imposition of nine-figure penalty against multinational banking corporation.
  • Achieved dismissal of weapons charge against out of state defendant traveling through New York State.

Recognition

  • Northwestern Law School’s Public Service Award (2014)
  • Len Rubinowitz Public Interest Fellowship Award (2012, 2013)
  • NYU’s Founder’s Day Award (2010)

Community

Professional

  • Bluhm Legal Clinic, Complex Civil Litigation & Investor Protection Center (2013-2014)

News & Insights

Articles

Small Recordkeeping Missteps Risk a Paycheck Protection Probe,” Bloomberg Law (August 6, 2024)

Admissions

  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Southern District of New York (Bankruptcy)
  • U.S. Court of Appeals, Second Circuit
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