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Business Litigation

We handle the full spectrum of business disputes, including: copyright, trademark, trade secret and unfair competition litigation; fraud, fiduciary duty and business tort claims; partnership, joint venture, shareholder, and LLC member disputes; corporate transaction, post-closing, and busted deal disputes; contract and UCC disputes; banking and 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, ICDR, FINRA, and other ADR providers.

Reported and Notable Examples:

Business Torts, Trade Secret and Unfair Competition Claims

  • L&R Exploration Venture v. Grynberg, 927 N.Y.S.2d 816 (NY Sup. 2011), aff'd, 90 A.D.3d 538, 934 N.Y.S.2d 707 (1st Dep't 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 oil & gas joint venture participants against claims asserted by managing partner, and obtained multimillion dollar Court confirmed arbitration award against managing partner for breach of fiduciary duty. Also obtained contempt judgment and attorney fee award against managing partner for violation of anti-suit injunction. See Tycoon Held in Contempt for Failure to Honor Judgment; Ordered to Pay Fine, Attorney's Fees, NYLJ Apr. 27, 2011. Click to view article.

  • Barnes v. Countrywide Home Loans, Index No. 27734/00 (N.Y. Sup. 2004).  Obtained dismissal 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 dismissal after trial, affirmed on appeal, for prominent New York City art dealer against claims for fraud and conversion.

  • Boyd v. Loeb Partners Corp., 97-cv-03970 (S.D.N.Y. 1999).  Obtained 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 which issued communications to obstetricians around the nation threatening claims for patent infringement if they collected cord blood for patients who intended to preserve with competitors.  Click to view AAJ article about case.

  • Thermo Wisconsin v. Langbein & Engelbracht GmbH, 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 hired former employer’s senior sales staff.

  • Trump Hotels & Casino Resorts Company, LLC v. Eastern Capital Development, HHD-(X03)-CV-03-4022257-S (Conn. Superior Ct.).  Successfully defended investors in proposed Indian gaming project against claims by other proposed developers for tortious interference with contract and business relations.

  • Liebowitz v. Aternity, Inc., 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 competitor and using sales data and contact lists.

  • Rema Tip Top/North America Inc. v. G-Mills Development LLC, 01 CV-0930 (N.D. Ga.).  Successfully represented global industrial products company against 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).  Defeated motion to dismiss RICO claims based on alleged theft of client’s customer and sales information by a competitor.

  • Tierney v. Frey, 2012 N.Y. Misc. LEXIS 4056 (NY Sup., Suffolk Co. 2012).  Obtained dismissal of claims for breach of fiduciary duty and conversion in connection with alleged investment in British company.

IP Litigation

  • Robinson. v. Viacom Int’l, 663 N.Y.S.2d 817 (1st Dep’t 1997).  Obtained summary judgment, affirmed on appeal, on behalf of Viacom and MTV Networks dismissing claims for copyright infringement and alleged theft of an idea for a television sitcom.

  • Berkowitz v. Home Box Office, 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 one of its credit card products infringed plaintiff’s alleged trademark.

  • Joseph Simon v. Marvel Characters, Inc., 00-cv-1393 (S.D.N.Y.).  Part of team that successfully represented one of the creators of the Captain America superhero character in connection with claims against Marvel Characters, Inc.

  • Cash Money Records, Inc. v. Music Video Distributors, Inc., 08-cv-9769 (S.D.N.Y. 2010).  Successfully defended national media distribution company against copyright infringement claims concerning sale and distribution of rap music film.

  • Joseph Phelps Vineyards v. Castello Di Borghese, 05-cv-2855 (E.D.N.Y. 2005).  Obtained injunction on behalf of premier Napa Valley winery against a New York winery for trademark infringement.

  • Axcelis Tech., Inc. v. Applied Materials, Inc., 66 U.S.P.Q.2d (BNA) 1039 (D. Mass. 2002).  Part of team that successfully represented global nanomanufacturing technology company in a patent infringement and unfair competition case involving semiconductor manufacturing tools.

  • One Tough Cookie Inc. v. Scripps Networks Interactive Inc., 11-cv-02675 (S.D.N.Y. 2011).  Represented bakery in a trademark suit against the Food Network over the title of a television show.  See Scripps Networks Sued Over Food Channel’s ‘Tough Cookies,” Bloomberg News, June 06, 2011.

"Busted Deal" and Post-Closing Disputes

  • Successfully represented the seller of telecommunication product businesses in defense of post-closing claims asserted by the buyer, including claims that seller misrepresented the value of inventory as part of the sale. After defeating the buyer's claim for fraud based rescission of the entire transaction, as well as the agreement's arbitration provision (Asset Mgmt. Assocs. v. Emerson Telcom. Prods. LLC, 08-CV-2506, 2011 U.S. Dist. LEXIS 9434 [E.D.N.Y., Jan. 25, 2011]), the dispute was arbitrated in 2013 before a forensic accounting examiner. The Arbitrator ultimately rejected the buyer's claims for $3.9 million and found in favor of seller on its claims for a post-closing adjustment. On January 9, 2014, the Court entered Judgment against the buyer for $1.9 million. More recently, in 2015, following a separate federal court trial in a related breach of contract action, Len obtained another Judgment and attorney fee award of $2 million for his client against the buyer. Emerson Electric Co. v. Asset Management Associates of New York, Inc., 08-cv-1489, 2015 U.S. Dist. LEXIS 98401 (E.D.N.Y., July 28, 2015). (Asset Management Associates of New York, Inc. v. Emerson Telecommunication Products, LLC, 08-cv-2128 [U.S.D.C., E.D.N.Y.]).

  • Represented subsidiary of a multinational consumer products company in connection with 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 one of the company’s subsidiaries.

  • Represented private equity stockholders of a technology company sold to a public company in connection with a complex AAA post-closing indemnity arbitration.

  • Successfully defended interests of private equity investors in connection with claims stemming from the acquisition of sports publishing business.

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 landmark decision from the First Department reversing lower court and upholding an award of punitive damages in a NASD securities fraud arbitration.  See Panel Permits Punitive Award in Arbitration, NYLJ Dec. 30, 1996. Click to view article.

  • Successfully represented senior broker of premier national financial services company in a NASD arbitration involving $50 million in transactions.

  • 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).

  • Zapolski/Rudd, LLC v. The Setai Group, LLC, 08 Civ. 5445 (S.D.N.Y. 2008).  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 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’s bankruptcy.

  • Successfully represented financial services company in defense of several 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 several putative class action claims based upon alleged deceptive business practices in connection with the closing and servicing of residential mortgage loans.

  • Successfully represented Bank’s rights in connection with partnership dispute between borrowers under $30 million loan facility.

  • Successfully represented treatment center in connection with claims against finance company for breach of permanent financing agreement.

Partnership/Joint Venture/Shareholder/LLC Member Disputes

  • L&R Exploration Venture v. Grynberg, 927 N.Y.S.2d 816 (NY Sup. 2011), aff'd, 90 A.D.3d 538, 934 N.Y.S.2d 707 (1st Dep't 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 oil & gas joint venture participants against claims asserted by managing partner, and obtained multimillion dollar Court confirmed arbitration award against managing partner for breach of fiduciary duty. Also obtained contempt judgment and attorney fee award against managing partner for violation of anti-suit injunction. See Tycoon Held in Contempt for Failure to Honor Judgment; Ordered to Pay Fine, Attorney's Fees, NYLJ Apr. 27, 2011. Click to view article.

  • Priya Hospitality LLC v. Patel, 2011 N.Y. Misc. LEXIS 2768 (N.Y. Sup. 2011):   Successfully represented members of LLCs that develop and operate NYC hotel properties in connection with claims against former managing member for 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 defended partner in partnership dispute involving several shopping center properties.

  • Successfully defended partner in partnership dispute involving several automobile dealerships.

  • Successfully represented majority shareholder of national technology company in defense of claims asserted by minority shareholder in connection with sale of business.

Complex Commercial Disputes

  • Emerson Electric Co. v. Asset Management Associates of New York, Inc., 2012 U.S. Dist. LEXIS 39442 (E.D.N.Y. 2012).  Obtained summary judgment on claims for breach of contract covering a domestic company’s use of a foreign production facility.

  • 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.

  • Successfully represented international infrastructure consulting firm in connection with claims against publicly traded global investment and diversified banking and financial services company for breach of a consulting and fund placement fee agreement in connection with the establishment of a foreign infrastructure fund.

  • Successfully represented national newspaper and sports publication business in complex price reset arbitration in connection with a perpetual license agreement.

  • 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 defended industrial product manufacturer against claims of breach of contract in connection with the design and manufacture of custom hydraulic power equipment for use in water-based theater in Las Vegas.

  • Successfully defended a global pharmaceutical company in connection with UCC breach of contract disputes with its US distributor.

  • Successfully defended British software developer against claims for breach of a licensing agreement for software for investment products.

  • Represented European distributor of famous global design house in defense of claims 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.  See Indicted ex-KPMG Employees Sue Company for Legal Fees, NYLJ July 7, 2006.

  • Amico v. Graphic Arts Leasing, 647 N.Y.S.2d 815 (2d Dep’t 1996).  Obtained summary judgment for subsidiary of Fortune 500 industrial products company against claims for breach of a sales and commission agreement.

  • 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 of multimedia properties.

  • Baxter Diagnostics, Inc. v. Novatek Med., Inc., 1998 U.S. Dist. LEXIS 15093 (S.D.N.Y. 1998).  Represented national diagnostic company against medical supplier concerning breach of distributorship agreement for blood transfusion devices.

 

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