Representative Matters

Antitrust & Competition
• • Global Reinsurance Corporation – U.S. Branch v. Equitas LTD., 18 NY3d 722 (2012), rev’g, 82 AD2d 26, rev’g, 24 Misc. 3d 264: action under New York’s antitrust laws (“Donnelly Act”) by reinsurer, a purchaser of non-life retrocessional reinsurance through Lloyd’s syndicates
Bankruptcy
• • Mediation: involving trustee recovery based on alleged ownership of certain structured securities denoted as warrants
  • ACP Master, Ltd. v. Vitro S.A.B. de C.V., 34 Misc. 3d 1201(A), aff’d, 93 AD3d 565 (1st Dept. 2012): case involving some noteholders of $1.2 billion in notes issued by Mexican holding company, and one of Mexico’s largest glass manufacturers, which filed for bankruptcy in Mexico, followed by  Chapter 15 proceeding in the United States Bankruptcy Court. (Among the numerous related actions was Wilmington Trust v. Vitro Automotriz, S.A. De C.V., 33 Misc. 3d 1231: plaintiff’s motion for partial summary judgment and defendants’ motion to dismiss)
Business Commercial
• Breach of Contract

  • Special Master – Supreme Court of the State of New York, New York County, Commercial Division Part 60 Investor Actions: involving coordinated RMBS (residential mortgage-backed securities) litigation (six separate actions), including numerous banks, security companies, asset management firms, and others
  • Special Master – Town of Oyster Bay v. Singh et. al., Supreme Court of the State of New York, Nassau County, Commercial Division: involving alleged  fraudulent loan scheme among senior Town officials and others
  • Special Master – Atlantic Yards B2 Owner LLC v. Skanska USA, Supreme Court of the State of New York, New York County, Commercial Division: involving three consolidated actions arising out of design and construction of thirty-two story residential tower  
  • Arbitration: tripartite arbitral panel involving dispute between major bank and income tax service for alleged breach of contract, bad faith, and specific performance of parties’ agreement 
  • Arbitration: between major film companies involving revenues allegedly owed for two forthcoming films 
  • Arbitration: tripartite arbitral panel involving demand for specific performance by individual against financial services lending company 
  • Arbitration: involving dispute over agreement for distribution rights between major international entertainment company and agent for motion picture made by an acclaimed director 
  • Arbitration: involving dispute over determination of U.S. income tax consequences between European acquirer of heavy construction company and shareholders of acquired company 
  • Arbitration: involving claimant who acquired mortgage servicing rights for hundreds of thousands of loans on which respondent allegedly breached its indemnity obligations 
  • Arbitration: claimant’s enforcement of personal guaranty involving notes issued by international arbitrage fund 
  • Arbitration: tripartite arbitral panel involving claim by former officer of commodity investment management fund that Letter Agreement relating to former officer’s establishment of new business was allegedly violated 
  • Arbitration: tripartite arbitral panel involving agreement to provide motion picture ticketing technology to major theater chain
  • Arbitration: tripartite arbitral panel involving agreement to create a special purpose vehicle between broker-dealer specializing in second market liquidity and product acquisition company 
  • Mediations: breach of contract and related claims and disputes involving: purchase of claimant’s interest in gourmet chocolate products company, finder’s fee allegedly owed in connection with purchase of majority interest in financial services company, claims between studio, artist, gallery, and others over artist’s prints, dispute between author and publisher of accounting textbooks, dispute involving transportation of valuable art works to storage facility, varied claims of negligence and gross negligence, company’s provision of interview training skills to Big Four accounting firm, terminal agreement for handling and storage of coal, and international soccer event, among others 
  • Mediation: dispute between major automobile manufacturers involving CAFÉ credits business agreement 
  • Mediation: action by motion picture investor against law firm involving allegations that law firm breached its fiduciary duty to claimant by facilitating a fraudulent transaction and covering up the alleged theft with monies of a different client 
  • Moses Productions, Inc. v. Sweetland Films, B.V., 12 Misc. 3d 1158(A) (2006): involving disagreement on how to edit Woody Allen’s films for broadcast on network television pursuant to terms of settlement agreement reached during an earlier trial
  • MBIA Ins. Co. v. GMAC Mortgage LLC, 30 Misc. 3d 856 (2010): motion by vendor of residential mortgage-backed securities (aggregating $4.399 billion) to dismiss claims of fraud, negligent misrepresentation, and breach of covenant of good faith and fair dealing
  • Honeywell Int’l Inc. v. Northshore Power Systems, LLC, 32 Misc. 3d 1223(A), aff’d, 96 AD3d 581 (2012): involving liquidated damages provision in amount of $21 million as not an unenforceable penalty. (See also Wells Fargo Bank Northwest, N.A. v. US Airways, Inc., 33 Misc. 3d 1231 (2011) (liquidated damages clause in aircraft lease agreements))
  • Allied Irish Banks, PLC v. Young Men’s Christian Association of Greenwich, 36 Misc. 3d 216 (2012): motion for summary judgment in lieu of complaint relating to interest rate swap agreement
  • U.S. Bank, N.A. v. Greenpoint Mortgage Funding, Inc., 26 Misc. 3d 1234(A) (2010): breach of contract action involving sales agreements relating to securitization of at least 30,000 home equity lines of credit and other home mortgage loans (total value at least $1.8 billion)

  General Business

  • Arbitration: dispute involving partnership formed to own and operate buildings in Manhattan, which required Arbitrator to appoint a Special Liquidator 
  • Mediation: involving fraudulent conveyance allegedly made by Canadian bank 
  • Mediation: involving alleged breach of software development agreement and related defamation claims 
  • Mediation: involving alleged tortious interference of claimant’s existing and prospective consulting business relations with utility companies and independent power producers 
  • Mediation: involving alleged joint venture to purchase portfolio of commercial properties valued in excess of $131 million 
  • Mediation: alleged consumer fraud matter involving professional culinary school 
  • Mediation: involving workout of a commercial mortgage loan 
  • Mediation: concerning alleged investments by claimant in certain call warrants 
  • Mediation: alleged fraudulent inducement and related claims involving purchase of semiconductor chips 
  • Mediation: dispute involving equity interest, percentage ownership, and rights to intellectual property based on alleged joint venture between parties 
  • Mediation: involving public utility’s allegations regarding termination of contract for paving reconstruction work 
  • Wilmington Trust Co. v. Strauss, #601192/2003 (post-trial decision), 13 Misc. 3d 1231(A) (summary judgment decision), aff’d, 45 AD3d 443 (2007): nonjury trial by servicer-trustee under guaranty by principal owner and CEO of Westwind Holding, Inc., which owned and operated a large number of Burger King franchises in Florida, North Carolina, Oregon, and Washington
  • Imaging International, Inc. v. Hell Graphic Systems, Inc., 11 Misc. 3d 1072(A) (post -jury trial decision on motion to set aside special verdict); 17 Misc. 3d. 1123(A) (post- special verdict nonjury damages decision), aff’d – nonjury, aff’d, 60 AD3d 450 (2009): jury trial on claims of fraudulent misrepresentations, followed by nonjury damages trial
  • Anderson v. Weinroth, 13 Misc. 3d 1204(A) (post-trial decision), modified, 48 AD3d 121 (2007): nonjury trial in action among partners of merchant banking business alleging claims including fraud, breach of fiduciary duty, breach of contract, conversion, and unjust enrichment
  • People ex. rel. Cuomo v. Wells Fargo Ins. Services, 18 Misc. 3d 1117(A), aff’d, 62 AD 3d 404, aff’d, 16 NY 3d 166 (2011): complaint brought by New York Attorney General against insurance broker alleging breach of fiduciary duty and fraud
  • Biosynexus, Inc. v. Glaxo Group, Ltd., 11 Misc. 3d 1062(A), modified, 40 AD3d 384 (2007): application for preliminary injunction enjoining defendant from transferring confidential information concerning pharmaceutical technology 
  • Invar International, Inc. v. Zorlu Enerji Elektrik Uretim Anonim Sirketi, 32 Misc. 3d 1216 (A) (2010): application for  temporary restraining order and preliminary injunction in aid of arbitration pending in Switzerland involving primary issue of whether service of process violated the Hague Service Convention
  • MBIA Ins. Co. v. Residential Funding Co., 26 Misc. 3d 1204(A) (2009): concerning securitization of some 60,000 mortgage loans; motion to dismiss claims for breach of the implied covenant of good faith and fair dealing, and various other causes of action
  • Central Laborers’ Pension Fund, derivatively on behalf of The Goldman Sachs Group v. Blankfein, 34 Misc. 3d 456 (2011): application for attorney fees and expenses in derivative action over bonuses Goldman Sachs planned to distribute – 50% of its net revenues – after it received government bailouts, which suit was agreed to be dismissed when the bonuses were reduced to 38% of net revenues

  Licensing Agreements

  • Arbitration: tripartite arbitral panel involving breach of exclusive licensing agreement for print management  software 
  • Mediation: licensing agreement dispute involving manufacturer of hospital sterilizers 
  • Mediation: dispute between semiconductor and information technology company regarding alleged terms of and royalties due under licensing agreement and related patent infringement litigations 
Employment Law
• Executive Compensation 
   

  • Arbitration: involving claim by former founder of company whether there had been a violation of his departure agreement causing the forfeiture of entitlement to substantial payments 
     
  • Mediation: concerning business management consultant and investment firm and former employee over alleged agreement for equity interest in firm and related claims 
     
  • Mediation: involving claim by terminated executive of food company seeking common law dissolution or equitable buyout as shareholder and alleged unpaid compensation, among other claims 
     
  • Mediation: involving allegations of terminated analyst that he was given an oral guarantee relating to a minimum bonus 
     
  • Mediation: involving amount of severance allegedly owed to terminated CEO of commodity brokerage firm and terms of noncompete provisions of employment agreement
     
  • Mediation: involving employee allegations that asset management fund refused to pay employee guaranteed payments pursuant to terms of incentive plan and separation agreement 
     
  • Mediation: claims against pharmaceuticals company for alleged breach of contract and violations of New Jersey Wage Payment law as it relates to equity compensation and consulting fees 
     
  • People v. Thain, 24 Misc. 3d 377 (2009): petition by New York Attorney General to compel production of information about nearly $3.6 billion in bonuses awarded by Merrill Lynch & Co., Inc. on eve of merger with Bank of America Corporation

  Non-Compete, Non-Disclosure and Confidentiality Agreements
   

  • Mediation: involving allegations that former high-level executive used software company’s  confidential information and trade secrets to solicit clients and prospective clients for competitor 
     
  • Mediation: breach of contract and related claims between former employees and financial services firm for employees’ alleged violations of non-compete, non-solicitation, and confidentiality obligations to firm with related defamation and privacy claims 
     
  • Aon Risk Services v. Cusack, 34 Misc. 3d 1205(A) (2011): post-hearing decision concerning request for preliminary injunction, following systematic and coordinated raid by defendant, and his new employer, on clients and employees of plaintiff’s Construction Services Group 
     
  • Misys International Banking Systems, Inc. v. TwoFour Systems, 6 Misc. 3d 1004(A) (2004): post-hearing decision on request for preliminary injunction against software developer to enforce restrictive covenants prohibiting competition and solicitation of customers and employees
     
  • Sullivan & Cromwell LLP v. Chaney, 15 Misc. 3d 1128 (A) (2007): request for a preliminary injunction in case involving law firm associate’s alleged breach of confidentiality agreement

  Sexual Misconduct and Assault
   

  • Mediation: involving allegations of sexual misconduct by high-profile musical director of major cultural institution 
     
  • Mediation: involving allegations of sexual assault 
Insurance
• • Neutral Evaluator/Mock Trial: member of mock trial panel assessing merits of litigation between insurance companies 
     
  • Arbitration: involving allegations of breach of fiduciary duty, negligence, and gross negligence with respect to underwriting and binding practices 
     
  • Mediation: dispute between insurance provider and shipping company over loss of diamond during shipment 
     
  • Mediation: dispute between non-profit relief agency and insurance provider relating to alleged entitlement to reimbursement under Directors’ and Officers’ policy for legal and other fees incurred during Foreign Corrupt Practices Act investigation by U.S. Department of Justice 
     
  • Mediation: involving allegations of breaches of contract and fiduciary duty and unjust enrichment by workers’ compensation insurance broker 
     
  • Mediation: regarding alleged damage issues relating to healthcare companies’ consolidated arbitrations 
International & Cross Border
• • Arbitration: tripartite arbitral panel involving dispute between international hotel and investment company under Mexican law 
     
  • Mediation: dispute involving alleged losses sustained by Mexican investment vehicle in foreign exchange and over-the-counter options transactions pursuant to master agreement with major global investment bank 
Professional Liability
• • Mediation: involving alleged professional malpractice, breach of fiduciary duty and related claims against accountant and accounting firm retained in connection with divorce proceeding 
     
  • Mediations: actions between law firms and clients involving legal fees and related claims and counterclaims of malpractice, overbilling, and contribution, among others 
     
  • Mediation: dispute involving allegations that law firm had conflict of interest and breached its duty of loyalty in representing claimant and parties allegedly adverse to claimant 
Real Property
• • Mediation: dispute between Brooklyn fast food chain and neighboring building for alleged rental losses due to cooking odors 
     
  • Mediation: commercial lease dispute between discount retail store chain and religious educational institution 
     
  • Mediation: breach of contract dispute involving development of luxury condominium complex 
     
  • Mediations: breach of contract dispute involving commercial real estate leases 
     
  • Mediation: dispute regarding commercial property being held in a trust 
     
  • Mediation: dispute between financial services firm and commercial landlord regarding refusal of landlord to agree to assignment of lease for Manhattan office building to alleged competitor
     
  • Mediation: involving request for specific performance of terms of agreement regarding commercial real property 
     
  • Stop & Shop Supermarket Co. v. Voranado Realty Trust, 33 Misc. 3d 1219(A) (post-trial decision) (2012); 10 Misc. 3d 1062(A) (summary judgment decision), aff’d, 35 AD3d 241 (2006): nine-day nonjury trial involving Stop & Shop’s obligations under master lease and guaranty 
     
  • Manhattan Eye, Ear & Throat Hospital v. Spitzer, 186 Misc. 2d 126 (1999): thirteen-day nonjury trial on petition by not-for profit charitable hospital for authorization to sell real estate assets which would have resulted in closure of hospital. (See also related decision in 64th Associates, LLC v. Manhattan Eye, Ear & Throat Hospital, 11 Misc. 3d 1067(A), on remand from the Court of Appeals, 2 NY3d 585)