Business Litigation

We handle the full spectrum of business disputes, including 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. Matters are venued in federal and state courts throughout the country, as well as national and international arbitration tribunals administered by JAMS, AAA, FINRA, and the International Centre for Dispute Resolution.

Examples:

Business Torts, Trade Secret and Unfair Competition Claims

• 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): Successfully defended joint venture participants in defense of claims asserted by managing partner for unjust enrichment, and obtained multimillion dollar arbitration award, confirmed by the Court in 2009 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. 
• Barnes v. Countrywide Home Loans, Index No. 27734/00 (N.Y. Sup., Suffolk Co.):  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.
• Corneroli v. Borghi, 783 N.Y.S.2d 572 (1st Dep’t 2004):
  Obtained a defense verdict after framed issue trial, affirmed on appeal, for prominent New York City art dealer against claims for fraud, RICO and conversion.
• Boyd v. Loeb Partners Corp., 00 Civ. 7052 (S.D.N.Y.):
  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.
• Christopher v. PharmaStem, Inc., 824 N.Y.S.2d 761 (N.Y.Sup. 2006):  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.
• Liebowitz v. Aternity, Inc., 10-cv-2289, 2010 U.S. Dist. LEXIS 70844 (E.D.N.Y. 2010): Obtained Preliminary Injunction against former sales manager of global technology firm preventing him from working for direct competitor and using sales data and contact lists of client.
• Thermo Wisconsin v. Langbein & Engelbracht GmbH, Index No:  99-CV-165 (Wisconsin Circuit Court, Outagamie Co.):  Obtained a TRO 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.
• Trump Hotels & Casino Resorts Company, LLC v. Eastern Capital Development, Docket No. HHD-(X03)-CV-03-4022257-S (Conn. Superior Ct.):  Successfully defended investors in proposed Indian gaming project against claims asserted by other proposed developers for tortious interference with contract and business relations.
• Rema Tip Top/North America Inc. v. G-Mills Development LLC, 01 CV-0930 (N.D. Ga.):  Successfully represented a global industrial products company against a former manager for self-dealing and tortious interference with contract.
• State Wide Photocopy Corp. v. Tokai Fin. Serv., 909 F.Supp. 137 (S.D.N.Y. 1995):  Successfully represented business in a civil RICO and unfair competition suit based on alleged theft of the client’s customer information by one of its competitors.

IP 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.”
• Joseph Phelps Vineyards v. Castello Di Borghese, 05 Civ. 2855 (E.D.N.Y.):  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.
• Joseph Simon v. Marvel Characters, Inc., 00 Civ. 1393 (S.D.N.Y.):  Part of team that successfully represented one of the creators of the Captain America superhero character in connection with copyright infringement claims against Marvel Characters, Inc.
• Cash Money Records, Inc. v. Music Video Distributors, Inc., 08 Civ. 9769 (S.D.N.Y.):  Successfully defended national media distribution company against copyright infringement claims concerning sale and distribution of rap music film.
• Axcelis Tech., Inc. v. Applied Materials, Inc., 66 U.S.P.Q.2d (BNA) 1039 (D. Mass. 2002): Part of team that successfully represented premier global nanomanufacturing technology company in a patent infringement and unfair competition case involving semiconductor manufacturing tools.

"Busted Deal" and Post-Closing Disputes

• Asset Mgmt. Assocs. v. Emerson Telecom. Products, LLC, 08-cv-2506,
  2011 U.S. Dist. LEXIS 9434 (E.D.N.Y. 2011): Successfully defeated a buyer’s claim for rescission of an acquisition agreement in connection with a post-closing adjustment dispute.
• IDEXX Laboratories, Inc. v. Hill’s Pet Nutrition, Inc., C.A. No. 01C-11-153 (Sup. Ct. Del., New Castle Co.): Represented the subsidiary of a multinational consumer products company in connection with a post-closing indemnity dispute in Delaware Superior Court.
• Part of team that 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 stockholders of a private technology company sold to a public company in connection with a complex post-closing indemnity arbitration.
• Successfully defended interests of private equity group in connection with claims stemming from business acquisition.

Securities, Financial Services & Real Estate 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.
• 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.
• Kruse v. Wells Fargo, 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).
• Pitts v. Allied Interstate, Inc., 2004 U.S. Dist. LEXIS 22646 (S.D.N.Y. 2004)
  Successfully 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.
• White Acre Capital. v. Telco Associates, Index No. 109814/2004 (N.Y. Sup.): Successfully represented Bank’s rights in connection with litigation involving a partnership dispute between the bank’s borrowers and their obligations under a $30 million loan facility.  The client was ultimately paid everything it was entitled to.
• The Terraces, L.C. v. Daiwa Finance Corp. 99 Civ. 02710 (S.D.N.Y.):  Successfully represented treatment center in connection with claims against finance company for breach of permanent financing agreement.
• Zapolski/Rudd, LLC v. The Setai Group, LLC, 08 Civ. 5445 (S.D.N.Y.):  Obtained and collected substantial judgment against hotel developer on breach of contract claims involving financing agreement for hotel and commercial development property.
• Successfully represented financial services company in defense of putative class action claims based upon alleged violations of the Fair Debt Collection Act, 15 U.S.C. § 1692.
• Successfully represented financial services company in defense of putative class action claims based upon alleged deceptive business practices in connection with the servicing of certain sub-prime mortgage loans.
• Successfully represented financial services company in defense of putative class action claims based upon alleged deceptive business practices in connection with the charging of payoff statements in connection with certain mortgage loans.

Partnership/Joint Venture/LLC Member Disputes

• 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): Successfully defended joint venture participants in defense of claims asserted by managing partner for unjust enrichment, and obtained multimillion dollar arbitration award, confirmed by the Court in 2009 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. 
• Priya Hospitality LLC v. Patel, 2011 N.Y. Misc. LEXIS 2768 (N.Y. Sup. 2011):   Successfully represented members of limited liability corporation that develops and operates hotel properties in connection with claims against former managing member for embezzlement, conversion, fraud and breach of fiduciary duty.
• Successfully represented global pharmaceutical company in complex international arbitration proceeding concerning termination of multi-product joint venture, development and marketing agreements.
• Successfully represented senior partner against claims for mismanagement and self-dealing.
• Successfully defended partner in partnership dispute involving several NY shopping center properties.

Complex Contractual Disputes

• The Shoe Factory, Inc. v. ALPI USA, Inc., Index No. 06-1996 (N.Y. Sup., Queens Co.):  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 a 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.
• Stein, et al.  v. KPMG, 486 F.3d 753 (2d Cir. 2007):  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.
• 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.
• 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.
• 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.
• In re GT Brands Holding, LLC, Chapter 11, Case No. 05-15167 (PCB), 2005 Bankr. LEXIS 2807 (Bnkr., S.D.N.Y. 2005):  Successfully defended debtor against post-petition objections to assignment of distribution agreement concerning multimedia properties.
• 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.