LEONARD F. LESSER

Partner: llesser@simonlesser.com

Biography

Mr. Lesser specializes in complex commercial and tort litigation.

He has tried many jury and bench trials in state and federal court, and has arbitrated and mediated matters before the American Arbitration Association, New York Stock Exchange, NASD Dispute Resolution, FINRA, JAMS, and the International Centre for Dispute Resolution. He has also argued appeals before the United States Court of Appeals for the First and Second Circuits, and the New York State Supreme Court, Appellate Division, First and Second Departments.

Mr. Lesser prosecutes and defends business litigation throughout the nation, with a focus on business torts; copyright, trademark, trade secret and unfair competition claims; partnership, joint venture and LLC member disputes; corporate transaction post-closing and busted deal disputes; contract and UCC disputes; financial services litigation; securities litigation; insurance disputes; real estate disputes; and employment litigation. He also prosecutes and defends toxic tort, product liability, and personal injury claims.

Mr. Lesser has been recognized and selected for inclusion in New York Metro “Super Lawyers” for the years 2008, 2009, 2010 and 2011. This survey, published by Thomson Reuters, honors the top five (5%) percent of New York City-based attorneys.

Notable Representations

• Successfully defended joint venture participants in defense of claims asserted by managing partner for breach of contract and unjust enrichment, and obtained multimillion dollar Court confirmed arbitration award on behalf of joint venture participants against managing partner for breach of fiduciary duty.  Also obtained a contempt finding against the managing partner for violation of an anti-suit injunction. L&R Exploration v. Grynberg, 2011 N.Y. Misc. LEXIS 1895 (N.Y. Sup. 2011); L&R Exploration Venture  v. Grynberg, 2009 N.Y. Misc. LEXIS 3949 (NY Sup. 2009); L&R Exploration Venture v. Grynberg, 804 N.Y.S.2d 286 (1st Dep’t 2005):
• Obtained a defense verdict after trial on behalf of a national mortgage lender on fraud and deceptive trade practices claims in connection with the sale of FHA-financed homes on Long Island.
• Obtained a defense verdict after trial on behalf of a premier New York City investment firm on claims for fraud, breach of fiduciary duty and unfair competition in connection with the acquisition of a British technology company.
• Obtained a dismissal after trial, affirmed on appeal, of claims asserted against New York City art dealer for fraud, RICO and conversion.  Corneroli v. Borghi, 783 N.Y.S.2d 572 (1st Dep’t 2004).
• Successfully prosecuted action for fraud, negligent misrepresentation, and deceptive business practices against umbilical cord blood preservation company who issued communication to obstetricians around the nation threatening them with claim for patent infringement if they collected cord blood for patients who intended to preserve such cord blood with other companies. Click here to see AAJ article about case.
• Obtained appellate reversal of the denial of a motion to dismiss claims asserted against a Church in connection with alleged sexual misconduct by a pastor. Spielman v. Grace Gospel Church of Suffolk, Inc., 910 N.Y.S.2d 105 (2d Dep't 2010), leave denied, 2011 N.Y. LEXIS 1479 (2011).
• Obtained summary judgment, affirmed on appeal, on behalf of the Lutheran Church-Missouri Synod on claims based on an alleged sexual assault upon a minor by a retired pastor. Ehrens v. Lutheran Church-Missouri Synod, 385 F.3d 232 (2d Cir. 2004).
• Obtained summary judgment, affirmed on appeal, on behalf of Viacom and MTV Networks dismissing plaintiff’s claims for copyright infringement and alleged theft of an idea for a television sitcom. Robinson, et al. v. Viacom Int’l, et al., 663 N.Y.S.2d 817 (1st Dep’t 1997).
• Successfully defended national media distribution company against copyright infringement claims concerning sale and distribution of rap music film.
• Obtained a landmark appellate decision upholding an award of punitive damages obtained in a securities fraud arbitration on behalf of a corporate client. R.C. Layne, Inc. v. Stratton Oakmont, Inc., 651 N.Y.S.2d 973 (1st Dep’t 1996).
• Obtained summary judgment dismissing putative class action alleging overcharges and mark ups for mortgage settlement services in violation of the Real Estate Settlement Procedures Act (RESPA). Kruse v. Wells Fargo, 2006 U.S. Dist. LEXIS 26092 (E.D.N.Y. 2006).
• Successfully represented financial services companies in defense of several putative class action claims based upon: alleged violations of the Fair Debt Collection Act, 15 U.S.C. § 1692; alleged deceptive business practices in connection with the servicing of sub-prime mortgage loans; and in connection with the alleged overcharging of mortgage payoff statements.
• Successfully represented members of limited liability companies that develop and operate hotel properties in connection with claims against former managing member for embezzlement, conversion, fraud and breach of fiduciary duty.  Priya Hospitality LLC v. Patel, 2011 N.Y. Misc. LEXIS 2768 (N.Y. Sup. 2011)
• Obtained and collected substantial judgment against hotel developer on breach of contract claims involving financing agreement for hotel and commercial development property.
• Successfully represented global pharmaceutical company in complex international arbitration proceeding concerning termination of multi-product joint venture, development and marketing agreements.
• Successfully defended international freight forwarder against multimillion dollar claim for damages; obtained dismissal of affirmative claims and judgment for attorney’s fees on defendant’s counterclaims.
• Successfully represented British-based multinational specialty chemical manufacturer in connection with multimillion dollar purchasing dispute.
• Successfully represented famous Italian wine maker against claims by U.S. importer for breach of distribution agreement.
• Represented former KPMG partner in connection with claims against KPMG for payment of defense costs in underlying criminal tax fraud prosecutions in which client was ultimately acquitted.  Stein, et al.  v. KPMG, 486 F.3d 753 (2d Cir. 2007).
• Successfully defended a global pharmaceutical company in connection with UCC breach of contract disputes with its distributors.
• Successfully defended British software developer against claims involving the licensing of software for investment products.
• Successfully represented European distributer of fashion products in connection with claims against famous design house.

Other reported decisions include: Freedom Card, Inc. v. JP Morgan Chase & Co., 432 F.3d 463 (3d Cir. 2005); Berkovitz v. Home Box Office, 89 F.3d 24 (1st Cir. 1996); Asset Mgmt. Assocs. v. Emerson Telecom. Products, LLC, 08-cv-2506, 2011 U.S. Dist. LEXIS 9434 (E.D.N.Y. 2011); Gary Friedrich Enterprises v. Marvel Enterprises Inc., 08 Civ. 1533, 2011 U.S. Dist. LEXIS 30685 (S.D.N.Y. 2011); Leibowitz v. Aternity, Inc., 10-cv-2289, 2010 U.S. Dist. LEXIS 70844 (E.D.N.Y. 2010); Pitts v. Allied Interstate, Inc., 04-cv-3151, 2004 U.S. Dist. LEXIS 22646 (S.D.N.Y. 2004): Freedom Card, Inc. v. JP Morgan Chase & Co., 333 F. Supp. 2d 239 (D. Del. 2004); Axcelis Technologies, Inc. v. Applied Materials, Inc., 01-10029, 2003 U.S. Dist. LEXIS 9908 (D. Mass. 2003); Baxter Diagnostics, Inc. v. Novatek Med., Inc., 94-cv-5220, 1998 U.S. Dist. LEXIS 15093 (S.D.N.Y. 1998); State Wide Photocopy, Corp. v. Tokai Fin. Servs., 909 F. Supp. 137 (S.D.N.Y. 1995); Brown v. General Instrument Corp., 93-cv-7907, 1995 U.S. Dist. LEXIS 5472 (S.D.N.Y. 1995); Braun v. Abbott Laboratories, 895 F. Supp. 530 (E.D.N.Y. 1995); In re GT Brands Holding LLC, 05-15167, 2005 Bnkr. LEXIS 2807 (Bnkr. S.D.N.Y. 2005); East Midwood Jewish Ctr. v CNA Ins. Co., 72 A.D.3d 877, 898 N.Y.S.2d 662 (2d Dep’t 2010); Yeshiva Ohr Torah Community School, Inc. v Zurich Am. Ins. Co., 78 A.D.3d 686, 910 N.Y.S.2d 517 (2d Dep’t 2010); Desena v. Federated Dept. Stores, Inc., 65 A.D.3d 662, 884 N.Y.S.2d 765 (2d Dep’t 2009); Hernandez v. Bethel United Methodist Church of N.Y., 49 A.D.3d 25, 853 N.Y.S.2d 305 (1st Dep’t 2008); Thompson v. Steuben Realty Corp., 31 A.D.3d 746, 820 N.Y.S.2d 285 (2d Dep’t 2006); Dowd v. Alliance Mortgage Co., 32 A.D.3d 894, 822 N.Y.S.2d 558 (2d Dep't 2006); Simon v. Mehryari, 16 A.D.3d 664, 792 N.Y.S.2d 543 (2d Dep’t 2005); Amico v. Graphic Arts Leasing, 231 A.D.2d 596, 647 N.Y.S.2d 815 (2d Dep't 1996); Egar v. Congregation Talmud Torah, 23 Misc. 3d 1111A, 885 N.Y.S.2d 711 (N.Y. Sup. 2009).

Professional Experience

Mr. Lesser was formerly a partner of Goodwin Procter LLP, and partner of Schneck Weltman & Hashmall LLP.

Mr. Lesser also interned with the International Commission of Jurists in Geneva, Switzerland; Hon. Terry M. Lewis, Member of British Parliament; and United States Senator Alfonse M. D’Amato.

Bar and Court Admissions

Mr. Lesser is admitted to the bar in New York State; the State of Connecticut; the United States District Courts for the Eastern, Northern, Southern and Western Districts of New York; and the United States Court of Appeals for the First, Second and Third Circuits.

Education

J.D., American University Washington College of Law, 1991
(Member, American University Journal of International Law and Policy).
B.A. (Political Science), George Washington University, 1988

Professional Activities

Member, American Bar Association
Member, New York City Bar
Member, Association of Trial Lawyers of America

Interests

Mr. Lesser has been an avid surfer for over 25 years, and is a member of the ASL, Association of Surfing Lawyers.