Practice Areas

Complex Commercial Litigation

Our lawyers represent clients nationally in complex commercial disputes. We have prosecuted and defended a wide variety of claims involving contract disputes, management and corporate control issues, breach of fiduciary duty, shareholder rights, business valuation issues, employment disputes, covenants not to compete, and business torts, to name a few.

We work with a diverse clientele, from technology start-ups to private equity firms with billions of dollars of assets under management. We approach business disputes by immersing ourselves in your business and bringing our collective experience and perspectives to the matter. We recognize, and embrace, our responsibility to manage the risk, capitalize on strategic opportunities and deliver optimal results for each client engagement.

Examples of our attorneys’ experience include:

  • Recovered over $30 million for client whose former business partner commenced litigation to unsuccessfully avoid deferred payments due under the parties’ buy-out agreement. As a result of a series of strategically filed motions and appeals, we effectively halved the time for recovery.
  • Successful defense to multiple declaratory and injunctive seeking motions in federal district court, including stay litigation before federal appeals court, by former exclusive licensee, and favorable resolution of critical disputes as to nature and length of relief before trial.
  • Stipulated judgment for $12 million entered in favor our client, the former shareholders of a biopharmaceutical company, on the last day of a week-long New York State Supreme Court, Commercial Division trial against hedge fund seeking to avoid payment of holdback for pretextual reasons.
  • Successful motion in Surrogate’s Court to suspend executor after twenty-four years for self-dealing in, and failure to properly account for, estate assets of up to $35 million, followed by 15 days of hearings to affirm the same.  
  • Secured $5 million prejudgment order of attachment, promptly followed by judgment after trial, in commercial part of Connecticut Superior Court entered against former hedge fund managers for breach of settlement agreement and general bad faith actions to deprive investors of their rightful investment returns.
  • Successful rejection, after trial, of asset managers’ $6 million claim and recovery of almost $2 million due under parties’ agreement, subsequently affirmed by the Delaware Supreme Court.
  • Multi-million dollar fraud judgment after trial in New York State Supreme commercial division against investor who conspired with principal of surety in successful 1960s film to divert royalties from rightful owners, resulting in recovery in full of owners’ rights and all past royalties from international parent of surety and movie studio plus interest.
  • Successful defense of claims to avoid recovery of multi million judgment on loan against lawyer and his law firm, including successful dismissal of lawyer’s contract, fraud and RICO claims, in the United States District Court for the Southern District of Texas, and entry of order refusing to enjoin collection of judgment against the borrower and its principal.
  • Judgment after trial against chemical company for full amount of seven figure fees and interest due investment bank that arranged merger but which chemical company subsequently claimed was outside the scope of investment bank’s retention, a contention rejected by the trial court.
  • Enforced $20 million judgment against real estate developer on fraudulently transferred artwork and interests in real estate LLCs through strategically planned simultaneous enforcement proceedings in multiple jurisdictions.
  • Obtained declaration of licensor’s right to enforce license agreement until contractual termination after trial in Delaware Chancery Court.

Bankruptcy & Bankruptcy Litigation

Our bankruptcy lawyers have significant experience investigating, prosecuting and trying complex cases in bankruptcy courts and arising out of bankruptcy cases. We have achieved exceptional results for our clients by implementing creative solutions and successfully advancing sophisticated legal arguments.  

Our clients include trustees, debtors-in-possession, creditor’s committees, individual creditors, investors, secured lenders and insiders in a broad range of matters arising in bankruptcy cases and adversary proceedings.   We have successfully pursued claims against directors and officers for breaches of fiduciary duty, and tried cases involving fraudulent transfer, avoidance actions, fraud, turnover proceedings, lender liability claims and insurance coverage disputes.

Examples of our attorneys’ experience include:

  • Special counsel to Ames Department Stores.  Our attorneys recovered over $32 million for the estate through the use of innovative procedures and trial work, including seven full trials.  We also successfully resolved a long-running dispute against Ames’ workers compensation surety, recovering $8 million for the estate and obtaining a groundbreaking decision on the interplay between the McCarran-Ferguson Act and the Bankruptcy Code.
  • Special counsel to the liquidating trustee of FCC Holdings, Inc., the operator of 41 for-profit schools under the trade names “Florida Career Colleges” and “Anthem.”  Our attorneys recovered $15 million for the trustee in connection with ligation against the former officers, alleging that the former corporate officers breached their fiduciary duties when managing student loan funds drawn from the United States Department of Education.
  • Special Counsel to the trustee of TransCare, Inc., in connection with the trustee’s $60 million breach of fiduciary and fraudulent transfer suit against Lynn Tilton and Patriarch Partners. Awaiting decision following trial before bankruptcy court in the Southern District of New York.
  • Counsel to the official committee of unsecured creditors of Absolut Facilities Management, LLC, an operator of nursing homes and assisted living facilities.  
  • Counsel to the official committee of unsecured creditors of Premier Exhibitions, Inc., the company behind the traveling “Titanic” and “Bodies” exhibitions.
  • Counsel to the former chief executive of non-profit charitable organization accused of fraud, breach of fiduciary duty and certain avoidance transactions.  Favorable decision on motion to dismiss the vast majority of claimed damages.
  • Special counsel to the trustee of Peninsula Hospital Center and Peninsula General Nursing Home Corp.  Our attorneys investigated, prosecuted, and resolved claims against the debtor’s former officers and professionals. We recovered millions of dollars for the estate including obtaining a substantial reduction in the principal due under the Debtor’s debtor in possession loan.  In addition, we successfully resolved disputes with the hospital’s third-party health insurance administrator and obtained a settlement by which the health insurance plan allowed for the payment and processing of the former employees’ claims.
  • Counsel to the former CEO of LightSquared, Inc. in contested confirmation hearing and multiple appeals, including successfully obtaining an interim stay from the Second Circuit.
  • Special counsel to Value City Holdings, Inc.  Our attorneys recovered over $8 million on behalf of the estate in connection with preference avoidance actions.
  • Counsel to the receiver of  Our attorneys recovered $2.5 million and the domain name for stakeholders of publicly traded company previously used as vehicle for pump-and-dump fraud.
  • Special counsel to the trustee of National Consumer Mortgage.  Our lawyers successfully recovered millions from the Bank of America, and the Rio Hotel and Casino following a jury trial in federal district court in Las Vegas in connection with debtor’s Ponzi scheme.
  • Special counsel to the trustee of Douglas Palermo.  After a jury trial and appeal to the Second Circuit Court of Appeals, our attorneys recovered over $900,000 in fraudulent transfers plus attorneys’ fees and costs.
  • Counsel to purchaser/ creditors of Pursuit Investment Management in contested matters concerning sale by trustee of causes of action against Debtor’s principals in the bankruptcy court of the District of Delwaware.  Affirmed by the Third Circuit Court of Appeals.

Intellectual Property Disputes

Our attorneys have substantial experience in successfully representing clients in IP cases involving trade secrets, trademark and trade dress infringement, and copyright infringement.

We provide unique insight to develop and defend against sophisticated claims in a wide range of industries and complex technologies. We know how to handle disputes efficiently and cost-effectively to obtain favorable results for our clients in what often can be “bet-the-company litigation.”

Examples of our attorneys’ experience include:

  • Obtained $56 million settlement for a start-up company which invented an innovative, low temperature spray dry process in a trade secret action against the third largest flavor and fragrance house in the world.
  • Obtained 10th Circuit reversal of preliminary injunction which would have required iconic trademark owner to reinstate its old licensee and terminate its current licensee.  
  • Represent national hotel owner-operator in federal action against former employee for theft of confidential, proprietary and trade secret information and breach of non-disclosure agreements.
  • Represent start-up dental implant distributor in multi-million dollar action against manufacturer and former employee for theft of proprietary customer data;
  • Represented a renowned educational author in copyright infringement lawsuit against former publisher, including simultaneous litigation in Federal court and private arbitration;
  • Represented niche provider of consulting services to payments and lending industry in action against former employees and their current employer for theft of confidential, proprietary and trade secret information;
  • Represented a renowned educational author in both litigation and arbitration concerning digital licensing rights.

Professional Liability

Our team has extensive experience litigating accounting and legal malpractice cases. Our lawyers are well-versed in the legal and institutional challenges presented by these cases which require diligent investigation, deliberate pleading, and strategic knowledge of the pitfalls, legal and otherwise, inherent in bringing such claims. Typically, we work in tandem with seasoned experts in key areas, including accounting, legal ethics, financial statements, real estate, banking practices, and damage calculations.

Examples of our attorneys’ experience include:

  • Obtained eight-figure fraud and negligence verdict, including punitive damages, against prominent New York accounting firm arising out of a complex fraudulent pre-billing scheme involving wholesale manufacturer.
  • Obtained favorable settlement for international bank in legal malpractice action against international law firm which represented bank in a loan transaction where it was defrauded out of tens of millions of dollars.
  • Successfully defended a nationally recognized plaintiffs’ mass tort law firm against highly publicized lawsuit alleging RICO, professional malpractice, and other business torts.
  • Settlement with multiple actors on behalf of a bankruptcy trustee for claims against the former directors, officers and accounting and legal professionals of the debtor for financial misstatements and prebilling activities.
  • Pursuit of accountants in multi-year neglect and fraudulent scheme to divert and obscure estate assets.
  • Successful recovery after trial in bankruptcy court in the Southern District of New York against executives of management company who misappropriated client earnings.  

Appellate Practice

We have a creative and sophisticated appellate practice. Our lawyers have experience successfully prosecuting and defending appeals at all levels of State and Federal courts.  Our appellate work involves ongoing business issues where motion practice, such as motions for stays pending appeal or motions to expedite, and summary dispositions, including motions to dismiss and for partial or complete summary judgment, are essential to achieving client goals.

Examples of our attorneys’ experience include:

  • Stay, followed by complete reversal, by Tenth Circuit Court of Appeals of federal district court order requiring a national trademark owner to terminate its current licensee, remove millions of dollars of products from stores nationwide and reinstate its old licensee.  
  • Successful defense and enforcement of a seven figure, post-trial judgment on appeal from bankruptcy court to district court, then at the Second Circuit Court of Appeals and again in certiorari briefing before the United States Supreme Court, including enforcement of judgment during the appellate process.
  • Successful defense and enforcement of an $8 million judgment on appeal from Delaware Chancery to the Delaware Supreme Court for claw backs owed to private equity client.
  • On an expediated basis, reversal of federal district court judgment and order by Second Circuit Court of Appeals directing insurance carrier to pay for treatment for a patient suffering from breast cancer.
  • Brief stay in the Second Circuit of a confirmed plan of reorganization of LightSquared, Inc. obtained on behalf of debtor’s former chief executive officer.  Stay was lifted shortly after entry and plan confirmed after full appeal on merits.  
  • Second Circuit Court of Appeals decision on appeal from denial of preliminary relief questioning State of New York’s rationale for failure to release inmate from more than two decades of solitary confinement and admonition not to return with pretextual reasons. Shortly after the decision, inmate was transferred to step down towards release from 24 years of solitary confinement.  
  • New York Appellate Division First Department reversal of trial court’s failure to dismiss all affirmative claims against intervenor foreign art collector seeking to protect his interest in a valuable painting.  
  • New York Appellate Division Second Department affirmance of trial court’s summary decision striking down, as unreasonably delayed, attempt to exercise twenty plus year-old open-ended purchase option.
  • Successful defense and enforcement before New York Appellate Division First Department of seriatim motion to dismiss and successive motions for summary judgment awarding eight figure carried interest recoveries to former private equity partner.