Bijan Amini is a founding member of Amini LLC. His national practice specializes in counseling clients faced with complex commercial disputes. Bijan believes that commercial lawsuits and attorneys' performances should be measured by the same principles that apply to customary business endeavors generally. Bijan has championed alternative fee disputes in the commercial context for almost three decades.
Bijan has over three decades of trial experience, with multiple trials during many of those years. He has tried dozens of cases before federal and state courts across the country, and arbitral tribunals. He has appeared before Circuit Courts of Appeals and state appellate courts across the country.
He represents several bankruptcy trustees and has tried many cases before the bankruptcy courts, and handled the appeals from those cases. In both the civil and bankruptcy context, he regularly handles directors and officers litigation, and malpractice actions, both for and against directors, officers, attorneys, accountants and other professionals, and has extensive experience in litigating coverage disputes with insurance carriers. He handles a broad variety of commercial matters, including Intellectual property, employment, insurance, corporate and partnership governance and dissolution, fraudulent conveyance and estate litigation matters.
Bijan is on the New York County State Supreme Court Commercial Division and Southern District of New York Bankruptcy mediation panels, and has conducted or participated in over 500 mediations.
Examples of Bijan’s experience include:
- Recovered over $30 million on behalf of a client whose former business partner commenced litigation to unsuccessfully avoid deferred payments due as a result of buying him out of the business.
- Obtained a post-trial judgment in excess of $12 million for a hedge fund against an asset management company in a dispute over the allocation of returns from a successful investment, and defended the judgment before the Delaware Supreme Court.
- Obtained a pre-judgment remedy following eight days of hearings and subsequently a $5.5 million post-trial judgment in Connecticut Superior Court against a hedge fund, its general partner and the managing members of the general partner, and related entities, in a dispute between a “fund of funds” and the hedge fund in which it was invested.
- After prevailing at trial on fraud claims among others, obtained a highly favorable settlement from a major movie studio for failing to pay royalties on a classic motion picture production.
- Prevailed at trial on behalf of former shareholders of a biopharmaceutical company in a dispute over the distribution of $12 million of the remaining merger consideration held in escrow.
- Pursued the claims of the former Chief Executive Officer in the LightSquared bankruptcy through the plan approval hearings before the Bankruptcy Court and in multiple appeals to the District Court, 2nd Circuit Court of Appeals, and a cert petition to the United States Supreme Court.
- Represented a well-known but modestly sized franchise company against its billion-dollar licensee in a breach of contract action to enjoin termination of the license and for tens of millions of dollars in damages that resulted from the licensee’s attempts to convert the franchisor’s assets to its own.
- Obtained favorable settlement for client in connection with professional negligence, breach of contract and breach of fiduciary duty claims against her former business managers and accounting firm.
- Prevailed at trial on behalf of the bankruptcy trustee of a defunct mortgage company used in a Ponzi scheme. on trustee’s fraudulent transfer claims against a Las Vegas casino, obtaining a successful jury verdict, as well as successful pre-trial and post-trial decisions.
- Represented a global finance firm in connection with a multi-million dollar contractual dispute over a purchase option in an equipment lease.
- Represented debtors-in-possession and trustees in avoidance actions and other litigation matters, including in In re Ames Department Stores, In re National Consumer Mortgage, LLC and In re Value City Holdings, Inc.
- Represented trustees, debtors-in-possession, creditor’s committees, creditors, investors, secured lenders and insiders in a broad range of matters arising in both the main bankruptcy case and adversary proceedings, including In re Kleinert’s, Inc., In re County Seat, In re e.spire Communications, Inc. and In re Flutie New York Corp. Bijan successfully tried a number of these matters, obtaining judgment on behalf of the trustees.
- After trial, procured settlement for our client, an investment banking firm, effectively obtaining all relief sought in breach of contract action against a public company that provides services and products to the life sciences research community.
- Obtained a significant award in an arbitration before JAMS for the pivotal role the respondent played in knowingly depriving our client of its entitlement to proceeds on the sale of an antique pistol with French royal provenance
- Represented a former managing member of a privately held real estate investment against claims of, among other issues, looting, defeating motion for a prejudgment attachment at the outset of the litigation.
- Defended a prominent contemporary art dealer on fraud claims by the Internal Revenue Service.
- Represented an Oscar-winning producer and prominent screenwriter in a copyright infringement action against a major studio.
- Obtained dismissal of a complaint against corporate directors asserting claims of excessive bonuses and compensation.
- Acted as counsel for New York City and Erie County in their suits against the tobacco companies.
- Prosecuted an antitrust suit on behalf of an association of independent financial counselors against the National Foundation for Consumer Credit and the Discover Card.
- Represented a reseller in a tariff discrimination suit against a major telecommunications carrier.
Bijan has received Martindale Hubble’s highest AV rating from his peers. He was also named a top-rated business litigation attorney in New York by Super Lawyers in 2009, 2017 – 2018. The selection process includes peer nomination, a blue ribbon panel review and independent research of the candidates. Only five percent of the attorneys in the New York metropolitan area earn this distinction each year.
In 2017 Bijan received the Prisoners Legal Services of New York’s 2018 award for outstanding pro bono contributions for his and his firm’s efforts in seeking the release of a inmate from over two decades of solitary confinement.
Bijan Amini is a member of the board of Prisoners Legal Services of New York, where he also volunteers his services on a pro bono basis. He is a member of the New York State Bar Association and the New York City Bar Association. He is also a member of the Public Affairs Alliance of Iranian Americans and a member of the Supreme Court Historical Society. He formerly served on the boards of Children of Promise and Dancing Classrooms.
Bijan was previously associated with the firms of Arnold & Porter, in Washington, D.C., and Fried, Frank, Harris, Shriver & Jacobson, in New York, where his primary practice areas were commercial and securities litigation.