Business Litigation

We handle the full spectrum of business disputes, including copyright and trademark litigation, business torts, trade secret and unfair competition claims, complex commercial contract and UCC disputes, partnership and joint venture disputes, post-closing and “busted deal” disputes, director and officer liability claims, employment disputes, franchise and distributorship litigation, securities fraud claims, antitrust claims, shareholder disputes, secured financing disputes, bond claims, real estate disputes, and other sophisticated commercial and corporate litigation.  Matters are venued in federal and state courts throughout the country, as well as national and international arbitration tribunals such as JAMS, AAA, FINRA, and the International Centre for Dispute Resolution.

Examples:

Business Torts, Trade Secret and Unfair Competition Claims

• L&R Exploration Venture v. Grynberg, 804 N.Y.S.2d 286 (1st Dep’t 2005):
  Successfully represented partners in defense of claims asserted by managing partner for unjust enrichment, and obtained multimillion arbitration award, confirmed by Court in 2009, against managing partner for breach of fiduciary duty in failing to properly account to partners for partnership proceeds.
  
  
• Corneroli v. Borghi, 783 N.Y.S.2d 572 (1st Dep’t 2004):
  Obtained a directed verdict after framed issue trial, affirmed on appeal, for prominent New York City art dealer against claims for fraud, RICO and conversion.
  
  
• Christopher v. PharmaStem Therapeutics, Inc., 824 N.Y.S.2d 761 (NY Sup, Westchester 2006): Succesfully prosecuted action for fraud, negligent misrepresentation, and deceptive business practices against umbilical cord blood preservation company which issued communications to obstetricians around the nation threatening them with claims 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
  
  
• Barnes v. Countrywide Home Loans, Index No. 27734/00 (NY Sup, Suffolk):
  Obtained a directed 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.
  

• Obtained a defense verdict after federal jury 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 TRO and monetary relief on behalf of Fortune 500 industrial products corporation against its former senior managers that left the company for a competitor and then raided their former employer’s senior sales staff and customer sales information.

• Successfully defended investors in proposed Indian gaming project against claims asserted by other proposed developers for tortious interference with contract and business relations.

• Successfully represented a global industrial products company against a former manager for self dealing and tortious interference with contract.
  
  
• Part of team that successfully represented premier global nanomanufacturing technology company in a patent infringement and unfair competition case involving semiconductor manufacturing tools.
  
  
• State Wide Photocopy Corp. v. Tokai Fin. Serv., 909 F.Supp. 137 (S.D.N.Y. 1995):  Represented a New York business in a civil RICO and unfair competition suit based on alleged theft of the client’s customer information by one of its competitors.

Copyright and Trademark Litigation

• Robinson, et al. v. Viacom Int’l, et al., 663 N.Y.S.2d 817 (1st Dep’t 1997):
  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.

• Berkowitz v. Home Box Office, et al., 89 F.3d 24 (1st Cir. 1996):
  Part of team that successfully defended Viacom and MTV Networks on claims that they allegedly stole plaintiff’s idea for a 24-hour music and entertainment television network.
  
  
• Chase Manhattan Bank, USA, N.A. v. Freedom Card, Inc., 432 F.3d 463 (3d Cir. 2005): Part of team that successfully defended JP Morgan Chase against claims that its “Chase Freedom” credit card product infringed plaintiff’s alleged trademark for “Freedom Card.”

• Obtained an injunction and damages on behalf of one of Napa Valley’s premier vineyards against a New York winery for trademark infringement and unfair competition.

• Part of team that represented one of the creators of the “Captain America” superhero character in connection with copyright infringement claims against Marvel Characters, Inc.
  
  
• Represent national media distribution company against copyright infringement claims concerning sale and distribution of rap music film. 

Securities & Financial Services Litigation

• R.C. Layne, Inc. v. Stratton Oakmont, Inc., 651 N.Y.S.2d 973 (1st Dep’t 1996):
  Obtained a landmark decision from the First Department which upheld punitive damages awarded in a securities fraud arbitration on behalf of a corporate client against a New York City brokerage firm.

• Kruse v. Wells Fargo, 02-CV-3089, 2006 U.S. Dist. LEXIS 26092 (E.D.N.Y. 2006):  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).

• Successfully represented a senior broker at one of the Nation’s premier financial services companies in an NASD arbitration involving transactions valued at over $50 million.

• Successfully represented national lender in connection with litigation involving a partnership dispute between the lender’s borrowers and their obligations under a $30 million loan facility. 
  
  
• Pitts v. Allied Interstate, Inc., 04 Civ. 3151, 2004 U.S. Dist. LEXIS 22646 (S.D.N.Y. 2004):  Represented financial services company against claim that it violated the bankruptcy stay provisions of 11 U.S.C. § 362(a) by attempting to collect a debt that arose before plaintiff filed for bankruptcy.
  
  
• Represented financial services companies in defense of several putative class actions 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 certain sub-prime mortgage loans; and alleged deceptive business practices in connection with the charging of payoff statements in connection with certain mortgage loans.
  
  
• Represented treatment center in connection with claims against finance company for breach of permanent financing agreement
  

Partnership/Joint Venture Disputes

• L&R Exploration Venture v. Grynberg, 804 N.Y.S.2d 286 (1st Dep’t 2005):
  Successfully represented partners in defense of claims asserted by managing partner for unjust enrichment, and obtained multimillion arbitration award, confirmed by Court in 2009, against managing partner for breach of fiduciary duty in failing to properly account to partners for partnership proceeds.

• Successfully represented global pharmaceutical company in complex ICDR international arbitration proceeding concerning termination of multi-product joint development and marketing agreements.
  
  
• Successfully represented one of the senior partners of a partnership that owned a major New York automobile dealership against claims by another partner for mismanagement and self-dealing.

• Represented partner in a long standing partnership dispute involving several shopping center properties.

“Busted Deal” and Post-Closing Disputes

• Represent diversified global manufacturing and technology company in post-closing accounting dispute concerning divesture of certain businesses.
  
  
• Represented Fortune 500 company and several of its directors and officers in connection with breach of fiduciary duty claims arising out of the sale of company’s subsidiaries.

• Represented the subsidiary of a multinational consumer products company in connection with a post-closing indemnity dispute in Delaware Superior Court.
  
  
• Represented the stockholders of a private technology company sold to a public company in connection with a complex post-closing indemnity arbitration.

Contract and UCC Disputes

• Zapolski/Rudd, LLC v. The Setai Group, LLC, 08 Civ. 5445 (S.D.N.Y.):  Obtained and collected substantial judgment on breach of contract claims involving financing agreement for hotel and commercial development property.

• Stein, et al.  v. KPMG, 486 F.3d 753 (2d Cir. 2007):  Represented former KPMG partner in connection with claims for payment of defense costs in underlying criminal tax fraud prosecution in which client was ultimately acquitted. 
  
  
• Successfully defended a global pharmaceutical company in connection with UCC breach of contract disputes with its distributors.
  
  
• Represented British software developer in infringement and breach of contract suit involving the licensing of software for investment products.
  
  
• Represented national chemical distributor in defense of UCC breach of contract claims asserted by global commodities and industrial products corporation.
  
  
• Represented European distributer of fashion products on breach of contract claims asserted by famous global brand licensor.
  
  
• Obtained attachment Order in connection with out-of-state senior employment arbitration proceeding.
  
  
• Amico v. Graphic Arts Leasing, 647 N.Y.S.2d 815 (2d Dep’t 1996):
  Obtained summary judgment for the subsidiary of a Fortune 500 company against claims for alleged breach of a sales and commission agreement.
  
  
• Successfully defended international freight forwarder against claims for $2 million in damages; obtained dismissal of affirmative claims and judgment for attorney’s fees on client’s counterclaims.
  
  
• Successfully represented famous Italian wine maker against claims by U.S. importer for breach of distribution agreement. 
  
  
• Successfully represented industrial products manufacturer against claims of breach of contract in connection with design and manufacture of custom hydraulic power equipment for use in water-based theater in Las Vegas.
  
  
• Successfully represented debtor in challenging post-petition objections in Chapter 11 bankruptcy proceeding concerning debtor’s assignment of distribution agreement concerning library of films and videos.
  
  
• Baxter Diagnostics, Inc. v. Novatek Med., Inc., 94 Civ. 5220, 1998 U.S. Dist. LEXIS 15093 (S.D.N.Y. 1998): Represented national diagnostic company against medical supplier concerning breach of distributorship agreement for the exclusive distribution of a bloodloc device for use associated with blood transfusions by medical facilities.