Represented a broker-dealer and high-level executive in a FINRA arbitration against claims of breach of notice and non-competition provisions in an employment agreement and tortious interference, which resulted in complete rejection of the claims by the Panel following the arbitration hearing.
Representation of a product development company in an AAA arbitration proceeding in Charlotte, North Carolina, involving claims related to the assignment of intellectual property and development of a medical device that resulted in a complete victory for the client in which the client secured sole rights to and interests in the product and its associated intellectual property and was awarded damages and costs.
Representation of a publicly-held company engaged in the Internet auction business in a dispute against its former chief executive officer and an employee for breach of fiduciary duty and unfair competition which resulted in a jury verdict for the client on all claims and an award of monetary damages.
Represented a national marketing and public relations firm in a dispute with a former partner relating to violations of restrictive covenants in a purchase agreement which resulted in a highly favorable settlement for the client prior to trial.
Successfully represented an executive of a leading international hospitality consortium in an arbitration proceeding that sought to invalidate a for “Cause” termination, in which the arbitrator determined that there was no cause for the termination and awarded the executive the full severance due under his employment agreement, as well as incentive compensation.
Secured a permanent injunction on behalf of a mobile messaging and marketing company after a trial in Delaware Chancery Court involving claims for misappropriation of trade secrets and confidential information against a former sales executive and his employer.
Successful defense of a Latin American corporation and its principal against claims of commercial bribery, fraud, and aiding and abetting breach of fiduciary duty, in a two-week jury trial in the Commercial Division, New York Supreme Court.
Represented the CEO/President of a prominent international piano company owned by a private equity firm in litigation which challenged a purported “Cause” termination, that resulted in a settlement through which the client received his severance pay.
Representation of a real estate concern which owned properties in Brooklyn, New York in a suit brought by a real estate developer seeking to enforce a signed purchase agreement, which resulted in the court issuing a decision, following trial, rejecting the agreement as not enforceable and allowing the client to sell the properties to the buyer of its choice.
Represented the former owners of a supermarket chain in an arbitration proceeding involving disputed sale proceeds that resulted in an award of over $12 million for the clients.
Representation of a financial institution in an involuntary bankruptcy proceeding it commenced against a real estate investment fund, which matter settled on highly favorable terms for the client following a trial before the United States Bankruptcy Court, District of Delaware.
Representation of an investment vehicle in litigation concerning a breakup fee from the attempted acquisition of a subsidiary of a publicly-traded entity involved in coal mining operations which resulted in a settlement on favorable terms to the client prior to trial.
Representation of an investment fund based in India in litigation involving a real estate investment in Mississippi which resulted in the District Court (S.D.N.Y.) granting summary judgment and awarding the client more than $15 million in damages.
Representation of a former Tyco executive in a dispute related to an oral severance arrangement negotiated with L. Dennis Kozlowski which resulted in the Court (S.D.N.Y.) determining, following trial, that a valid and enforceable agreement existed and awarding damages based on such agreement.
Obtained a dismissal of a lawsuit brought in the Southern District of New York against a mobile advertising network for breach of a Terms of Service Agreement related to the use of software used to run advertising campaigns by successfully arguing for the application of a forum-selection clause in a “clickwrap” agreement.
Representation of investment funds and the principal shareholders of a publicly-traded entity against claims of securities fraud and insider trading which resulted in the Southern District Court dismissing all claims on a motion to dismiss.
Representation of a warehouse and shipping company in a suit seeking a FLSA collective action and New Jersey state class action based on alleged wage and overtime violations which resulted in the District Court rejecting plaintiff’s attempt to certify the class and dismissing all class-based allegations.
Representation of a minority shareholder of a substantial clothing manufacturer in an action seeking payment pursuant to, among other things, certain appraisal rights which resulted in the client receiving the majority of the consideration from the sale of the company.
Successfully represented a client in the medical waste disposal business in defeating a motion seeking class certification for claims under the Telephone Consumer Protection Act (TCPA).
Obtained a dismissal, based on lack of personal jurisdiction, for a Latin American entity and its principal shareholder and CEO against claims of fraud stemming from an alleged commercial bribery scheme.
Representation of an apparel industry executive against claims of RICO violations, fraud, tortious interference, unfair competition, Federal Computer Fraud and Abuse Act and Penal Law violations, in actions in which the New York Supreme Court granted various motions resulting in a dismissal of all claims.
Representation of a group of mutual funds in a Delaware appraisal rights proceeding which resulted in the clients receiving a 50% premium to the original merger consideration in a settlement reached on the eve of trial.
Representation of a national bank against a municipality in a dispute related to a municipal leasing agreement which resulted in the Court awarding judgment to the client after trial.
Representation of former directors of a privately held entity against claims of breach of fiduciary duty and tortious interference in a two week jury trial in the United States District Court for the Eastern District of Pennsylvania which resulted in a finding for the directors on the primary matter at issue.
Representation of a shareholder in a shareholder-deadlock suit involving a foreign subsidiary of a New Jersey corporation which resulted in the Court, after trial, entering judgment for the client granting sole control and ownership of both the parent corporation and its subsidiary.
Representation of an investment vehicle that purchased securities from a broker-dealer in a bankruptcy sale against claims of securities fraud, which resulted in summary judgment being awarded by the Bankruptcy Court dismissing the claims against the client.
Representation of an investment fund in a Section 16(b) “short-swing profit” dispute in which the Second Circuit Court of Appeals reversed a District Court decision and awarded summary judgment to the investment fund.
