Representative Matters

Antitrust & Competition
• • In re Payment Card Interchange Fee and Merchant Discount Antitrust Litig., 05-MD-1720 (MKB) (JO) (E.D.N.Y.): Multidistrict litigation included dozens of class and individual antitrust actions brought on behalf of millions of merchants against the Visa and Mastercard payment networks and the banks that issued cards and acquired debts as members of those networks; oversaw fact and expert discovery for well over a decade, resolved numerous discovery disputes, participated in settlement conferences (along with the district judge and outside mediators), resolved contested motions to appoint lead class counsel, and recommended the resolution of motions to amend as well as dispositive motions.
  • In re Vitamin C Antitrust Litig., 06-MD-1738 (BMC) (JO): Multidistrict (MDL) litigation involving antitrust claims by direct and indirect purchasers against Chinese companies that manufacture vitamin C; oversaw disovery and resolved numerous disputes.
Aviation
• • Osoria v. Airbus S.A.S., 08-CV-0705 (TLM) (JO) (E.D.N.Y): Flight attendant sued airplane manufacturer and seller for personal injury allegedly caused by defective flooring; oversaw discovery and presided at successful settlement conference.
  • Beckford v. Delta Airlines, Inc., 08-CV-3460 (RRM) (JO) (E.D.N.Y.): Domestic airline passenger asserted personal injury claim against airline alleging negligence resulting in in-flight injury; oversaw discovery and presided at successful settlement conference.
  • Kruger v. Olympic Airways S.A., 07-CV-2535 (ERK) (JO) (E.D.N.Y.): International airline passenger asserted personal injury claim against airline alleging negligence resulting in in-flight injury; oversaw discovery and presided at successful settlement conference.
Business Commercial
• Breach of Contract

  • Arbitrations: involving alleged violation of state consumer finance, usury and unfair and deceptive trade practices statues by automobile lending company. 
  • Arbitration: involving alleged breach of licensing agreement based on operation of store on e-commerce platform. 
  • Arbitration: involving alleged breach of contracts’ confidentiality and non-disparagement provisions against corporation by its former general counsel. 
  • Mediation: involving breach of contract, fraud and tortious interference allegations in dispute involving healthcare payment processing companies. 
  • Mediation: involving employer’s claim against former employee for return of advance compensation under employment agreement. 
  • Burlington Packaging, Inc. v. Extra Packaging, Inc., 08-CV-1515 (JO), 2020 WL 5043817 (E.D.N.Y. Aug. 25, 2020): In a contract case arising out of alleged violations of a commission agreement between businesses that jointly developed a specialized packaging product, oversaw discovery and presided at a successful settlement conference in which the parties agreed to have Judge Orenstein retain jurisdiction over later disputes that would arise under an amended commissions agreement; over a decade later, when plaintiff asserted new breach of contract and breach of fiduciary duties under the settlement agreement, resolved dispositive motions on both claims.
  • Spherenomics Glob. Contact Centers v. vCustomer Corp, 427 F. Supp. 2d 236 (E.D.N.Y. 2006): Provider of outsourced call center services brought action against call center operator, alleging breach of contract and other claims; presided over bench trial and issued findings of fact and conclusions of law.
  • Inventory Generation Inc. v. Penske Truck Leasing Co., 19-CV-4850 (MKB) (JO): After referral to a mediator did not resolve this commercial dispute arising from an alleged breach of contract to purchase a truck, presided at a successful settlement conference.
  • Shred-It USA, Inc. v. Bartscher, 02-CV-4082 (JO), 2005 WL 2367613 (E.D.N.Y. Sept. 27, 2005): Plaintiff, a provider of commercial shredding services, sued a former employee and the competing shredding service that later employed him for tortious interference with business relations and misappropriation of trade secrets, as well as a breach of contract by the former employee; presided at non-jury trial and issued findings of fact and conclusions of law resolving all claims.
  • While in private practice, served as lead trial counsel for beverage company in contract dispute with concert promoter over dispute arising from sponsorship of music festival; handled non-jury trial of liability phase and then negotiated settlement prior to damages phase.

  General

  • Arbitration: involving solar panel customer’s claims of breach of contract and fraud against lender that financed the customer’s purchase. 
  • Mediation: involving contractual and quasi-contractual claims, among others, against global real estate company, related to the alleged creation of certain intellectual property and other services performed by brokers. 
  • Mediation: involving law firm client’s claims that counsel violated fiduciary duty and misappropriated client’s idea for filing potentially lucrative qui tam action. 
  • In re Holocaust Victim Assets Litigation, Application of Burt Neuborne, 06-CV-0983 (FB) (JO), 2007 WL 805768 (E.D.N.Y. Mar. 15, 2007), report and recommendation adopted, 528 F. Supp. 2d 109 (E.D.N.Y. 2007): Recommended award of fees for attorney's role in administering billion-dollar settlement fund arising out of class action by Holocaust victims against Swiss banks; recommendation adopted on review.
  • Haifeng Xie v. Sakura Kai I Inc., 17-CV-7509 (ILG) (JO), 2020 WL 4587473 (E.D.N.Y. Mar. 12, 2020), report and recommendation adopted, 2020 WL 2569406 (E.D.N.Y. May 20, 2020): Recommended resolution of contested post-trial fee request in wage and hour case; recommendation adopted on review.
Civil Rights
• • Sutherland v. Dep't of Educ. of the City of New York, 15-CV-3918 (RJD) (JO), 2017 WL 4174786 (E.D.N.Y. July 31, 2017), report and recommendation adopted, 2017 WL 4162302 (E.D.N.Y. Sept. 19, 2017): Oversaw discovery and recommended disposition of summary judgment motion in case involving school psychologist’s claims of racial, national origin-based, and religious discrimination against her supervisor and the school district; recommendation adopted over objection on review; case later settled.
  • Fair Housing Justice Center v. ZP Realty Capital LLC, 10-CV-4125 (NGG) (JO) (E.D.N.Y.): Presided over successful settlement conference in case involving claims of race-based housing discrimination against realty company and others accused of providing false information to prospective renters.
  • Mogoli v. Cohen, 19-CV-6723 (RPK): Presided at successful settlement conference in high school student’s case against school officials for discriminating against him on the basis of disability by allegedly denying him needed accommodations and subjecting him to unwarranted discipline and referring his parents to child welfare authorities without cause.
  • Claims under 42 U.S.C. § 1983: Oversaw discovery and presided at successful settlement conferences in dozens of cases accusing police officers of false arrest, excessive force and other civil rights violations.
Class Action & Mass Tort
• • In re Parking Heaters Antitrust Litig., 15-MC-0940 (DLI) (JO), 2019 WL 8137325 (E.D.N.Y. Aug. 15, 2019); In re Parking Heaters Antitrust Litig., 310 F.R.D. 54 (E.D.N.Y. 2015): Oversaw all pretrial proceedings in 11 consolidated antitrust class actions by classes of direct and indirect purchasers of parking heaters alleging that several companies and individuals conspired to eliminate or suppress competition in the sale of aftermarket parking heaters for commercial vehicles; resolved contested motions for appointment of lead class counsel and recommended resolution of motions for preliminary and final approval of class settlement as well as request for fee award; recommendations adopted on review.
  • Etienne v. Reliant Cap. Sols., LLC, 16-CV-2359 (WFK) (JO), 2018 WL 6335560 (E.D.N.Y. Sept. 25, 2018), report and recommendation adopted, 2019 WL 2004761 (E.D.N.Y. May 7, 2019): Recommended denial of motion to certify settlement class and approve class settlement in putative class action under the Fair Debt Collection Practices Act; recommendation adopted over objection on review.
  • Calabrese v. CSC Holdings, Inc., 02-CV-5171 (DLI) (JO), 2009 WL 425879 (E.D.N.Y. Feb. 19, 2009): Oversaw extensive discovery and recommended resolution of contested class certification motion where cable television subscribers sought to certify class to assert civil RICO claims against cable television provider and its outside counsel for allegedly conspiring to prosecute meritless cable piracy claims and thereby coerce nuisance value settlements; recommendation adopted on review; later presided at multiple settlement conferences that resulted in settlements of all the individual claims against all defendants.
Cybersecurity & Privacy
• • In re Apple, Inc., 15-MC-1902 (JO), 2015 WL 5920207 (E.D.N.Y. Oct. 9, 2015), In re Apple, Inc., 149 F. Supp. 3d 341 (E.D.N.Y. 2016): Ruled that All Writs Act did not authorize court to compel private company to compromise the encryption of its devices to assist the government in executing a search warrant where FBI could not bypass such security on its own.
  • Served as defendant’s co-lead counsel, while in private practice, in class action cases involving claims against national retail chain under the right-of-publicity laws of several states.
  • Served as defendant’s co-lead counsel, while in private practice, in class action cases involving claims under the federal Video Privacy Protection Act against several media companies.
  • Served as defendant’s co-lead counsel, while in private practice, in case under the Telephone Consumer Protection Act.
  • Advised technology companies while in private practice on responding to government requests for consumer data using various forms of legal process.
  • Advised technology companies, law firms and other entities while in private practice on data transfer rules under United States and European Union laws.
Employment Law
• Employment Discrimination

  • Mediation: involving claims of sexual discrimination, harassment and hostile work environment violative of the New York State Human Rights Law and New York City Human Rights Law alleged against day care provider. 
  • Brady v. Wal-Mart Stores, Inc., 03-CV-3843 (JO), 2005 WL 1521407 (E.D.N.Y. June 21, 2005); Brady v. Wal-Mart Stores, Inc., 455 F. Supp. 2d. 157 (E.D.N.Y. 2006), aff’d, 531 F.3d 127 (2d Cir. 2008): Presided over the jury trial of claims of disability-based discrimination by a former Walmart employee with cerebral palsy; resolved post-trial motions for new trial and reduction of damages; rulings affirmed on appeal.
  • David v. Comtech PST Corp., 03-CV-6480 (JO), 2006 WL 2713936 (E.D.N.Y. Sept. 22, 2006): Resolved cross-motions for summary judgment in case involving claims of age discrimination in employment and violation of equal pay law.
  • Diaz v. Target Corp., 19-CV-5160 (MKB) (JO) (E.D.N.Y.): Plaintiff accused employer and supervisors of race- and national origin-based employment discrimination by allegedly requiring him to wear a nametag with an incorrect name rather than plaintiff’s true Latino-sounding name to avoid causing discomfort to predominantly white customer base; oversaw discovery and, after referral to a mediator did not resolve the case, presided at a successful settlement conference.
  • Pusey v. Delta Airlines, 09-CV-4084 (ENV) (JO), 2012 WL 893908 (E.D.N.Y. Feb. 7, 2012), report and recommendation adopted, 2012 WL 896163 (E.D.N.Y. Mar. 15, 2012): Pro se flight attendant asserted claims of race- and disability-based discrimination against employer airline; after overseeing extensive pretrial proceedings, including discovery disputes and contested motions to amend the complaint to add new claims, presided over a successful settlement conference that allowed plaintiff to continue litigating distinct workers’ compensation claims in another forum; later recommended resolution of plaintiff’s motion to reopen case based on plaintiff’s claim that she had been incompetent to enter into the settlement.
  • Bell v. Duke, 16-CV-5324 (E.D.N.Y.): Former transportation security officer at JFK Airport asserted an array of Title VII discrimination and retaliation claims against the Secretary of Homeland Security after being terminated; oversaw all pretrial proceedings, including discovery, and then presided at a successful settlement conference.

  Wage and Hour

  • Fundora v. 87-10 51st Ave. Owners Corp., 13-CV-0738 JO, 2015 WL 729736 (E.D.N.Y. Feb. 19, 2015): Presided over case in which apartment building maintenance workers alleged wage and hour claims and retaliatory discharge claims under federal and state laws against the building’s owners and superintendent; presided over all aspects of case, including discovery, jury trial, post-verdict motion practice, and contested fee application.
  • Almanza v. Sauvaire, 19-CV-4792 (ENV) (JO) (E.D.N.Y.): Oversaw discovery and all pretrial proceedings in bartenders’ federal and state law wage claims against employer company and individual supervisor; presided at successful settlement conference and recommended court approval of request for attorneys’ fees.
  • Gao v. Strong America Ltd., 17-CV-5571 (ILG) (JO) (E.D.N.Y.): Oversaw discovery and all pretrial proceedings in accounts receivable clerk’s federal and state law wage claims against bar owners and supervisors; presided at successful settlement conference.
Insurance
• • Mediation: involving tech company’s claims against marketing agency for business disruption resulting from data breach after hacker gained unauthorized access to company’s social media account from account credentials that had been entrusted to the agency. 
  • Allstate Ins. Co. v. Williams, 13-CV-2893 (RJD) (JO), 2015 WL 5560543 (E.D.N.Y. Aug. 28, 2015), report and recommendation adopted, 2015 WL 5560546 (E.D.N.Y. Sept. 21, 2015): Insurance company asserted civil RICO and related tort claims against doctor and medical services companies based on alleged scheme to submit fraudulent claims; recommended damages award upon defendants’ default, which the court adopted, and then oversaw receivership of doctor’s practice; during the pendency of the receivership, presided at successful settlement conferences between doctor and the receiver and other interested parties.
  • Allstate Ins. Co. v. Seitz, 11-CV-3014 (JO) (E.D.N.Y.): Insurance company accused a psychologist, lay persons and psychology professional corporations of a scheme involving identity theft and the improper control of professional corporations to generate fraudulent insurance claims; presided at settlement conference that resulted in settlement with monetary and injunctive terms.
  • Moudatsos v. AmGuard Ins. Co., 19-CV-0194 (NGG) (JO) (E.D.N.Y.): In case alleging failure to pay claim for covered fire damages, oversaw all pretrial proceedings, including discovery, and then presided at successful settlement conference.
Intellectual Property
• Copyright

  • Plastik v. Westbury Music Fair, Inc., 19-CV-2820 (RJD) (JO), 2020 WL 13566036 (E.D.N.Y. Sept. 30, 2020): Recommended resolution of photographer’s motion for default judgment on claim of copyright infringement; analyzed sufficiency of claim and assessed appropriate amounts to award in damages and attorneys’ fees; recommendations adopted on review.
  • Strike 3 Holdings, LLC v. Doe, 331 F.R.D. 14, 15 (E.D.N.Y. 2019): In these 13 cases, the owner of copyrights to adult motion pictures brought infringement claims against unidentified “John Doe” internet service subscribers for allegedly downloading and distributing protected works through peer-to-peer file sharing; denied copyright owner’s motion for expedited discovery ex parte seeking to serve subpoena on internet service provider (ISP) associated with subscribers’ IP addresses to require ISPs to identify subscribers.
  • Chaos Commerce, Inc. v. Mophie, Inc., 14-CV-0489 (KAM) (JO) (E.D.N.Y.): In case involving claim for declaration of non-infringement and infringement counterclaim arising from advertisements on plaintiff’s e-commerce site for defendant’s portable battery charger, oversaw discovery and presided at successful settlement conference.

  Patent

  • Sharkey v. Alltec Prod., Inc., 04-CV-0397 (SJF) (JO), 2005 WL 8160987 (E.D.N.Y. June 24, 2005), report and recommendation adopted, 2005 WL 8160986 (E.D.N.Y. Sept. 14, 2005): Recommended resolution of cross-motions for summary judgment in action for infringement of patent for water filtration device; recommendation adopted over objections on review.
  • Original Creatine Pat. Co. v. Met-Rx USA, Inc., 05-CV-2244 (DRH) (JO), 2006 WL 6220438 (E.D.N.Y. Aug. 21, 2006), report and recommendation adopted, 2009 WL 1146445 (E.D.N.Y. Apr. 28, 2009): Plaintiff accused defendant of marketing creatine products that infringed two patents; conducted Markman hearing and recommended interpretation of disputed patent claims; recommendations adopted over both parties’ objections on review.

  Trademark and Trade Dress

  • Mediation: involving claims of counterfeiting and trademark, trade dress and slogan infringement related to sale of biopharmaceutical company’s medications in alleged violation of the Lanham Act. 
  • Imig, Inc. v. Electrolux Home Care Products, Ltd., 05-CV-0529 (JO), 2007 WL 900310 (E.D.N.Y. Mar. 22, 2007); 2008 WL 905898 (E.D.N.Y. Mar.31, 2008): In action asserting copyright and Lanham Act claims arising from advertisement and sale of allegedly infringing vacuum cleaners, resolved cross-motions for summary judgment, presided at bench trial and issued findings of fact and conclusions of law.
  • Incredible Scents, Inc. v. Mayan Laboratories LLC, 05-CV-5855 (ADS) (JO), 2006 WL 8435554 (E.D.N.Y. Mar. 8, 2006): Plaintiff, the manufacturer of an anti-snoring nasal dilator, sued a former distributor for marketing a competing product that allegedly infringed plaintiff’s trademark rights; held evidentiary hearing and issued recommendation on motion for preliminary injunction; case settled prior to review of objections.
  • Martal Cosmetics, Ltd. v. Int'l Beauty Exch. Inc., 01-CV-7595 (SJF) (JO), 2007 WL 895697 (E.D.N.Y. Mar. 22, 2007): Plaintiff alleged that several individual and corporate defendants engaged in a gray market scheme of marketing real and counterfeit cosmetic products that infringed their trademarks; oversaw extensive discovery proceedings, resolved numerous non-dispositive disputes and recommended resolution of dispositive motions and motions for sanctions; recommendations adopted over objections on review, except as to the applicable standard of proof on one of the defendants’ affirmative defenses.
International & Cross-Border
• • Mediation: involving claims of contract breach by U.S. manufacturer of pharmaceutical product against overseas distributor after manufacturer complied with Food & Drug Administration’s (FDA) request for voluntary recall of the product. 
  • Mediation: involving allegations of breach of contract and fraud relating to a shipment of goods from the United States to a foreign country. 
  • Wtulich v. Filipkowska, 16-CV-2941 (JO), 2020 WL 1433877 (E.D.N.Y. Mar. 24, 2020): Presided over all aspects of case involving Polish citizen’s petition under the International Child Abduction Convention seeking the return of his daughter from the United States, where the child had lived with her mother for most of her childhood; conducted bench trial, issued findings of fact and conclusions of law, and resolved post-verdict motions and request for attorneys’ fees.
  • Nektalov v. Kuwait Airways Corp., 15-CV-0033 (JO), 2016 WL 5678549 (E.D.N.Y. Sept. 30, 2016): Presided over case involving air passengers’ claims of discrimination and torts under state and federal law based on airline’s alleged refusal to honor tickets based on Kuwait’s laws against doing business with Israeli citizens; resolved dispositive motions, after which case settled.
  • Ixotic AG v. Kammer, 09-CV-4345 (NG) (JO), 2015 WL 270028 (E.D.N.Y. Jan. 21, 2015): Plaintiffs asserted civil RICO and related tort claims arising from an alleged international fraud scheme; presided at telephonic settlement conference that achieved settlement between plaintiff and two defendants; later recommended dismissal of complaint against defaulting defendants based on detailed analysis of plaintiff’s RICO theory; recommendation adopted over objection on review.
  • In re Gushlak, 2012 WL 2564466 (E.D.N.Y. Jan. 30, 2012), report and recommendation adopted, 2012 WL 1514824 (E.D.N.Y. Apr. 30, 2012); In re Gushlak, 2012 WL 3683514 (E.D.N.Y. July 27, 2012), report and recommendation adopted, 2012 WL 3779229 (E.D.N.Y. Aug. 30, 2012): Oversaw contested proceedings and recommended disposition of motions concerning enforcement of order to disclose records for use in foreign proceedings; recommendations adopted over objections on review.
  • Represented, while in private practice, telecommunications company in resolving dispute concerning enforcement of Section 1782 of Title 28 of the United States Code request for customer records.
Personal Injury
• Motor Vehicle

  • Aybar v. Singh, 19-CV-0860 (ERK) (JO) (E.D.N.Y.): Oversaw pretrial proceedings in personal injury case arising out of car accident, including resolution of dispute about defendant’s late appearance and attempt to vacate default; presided over successful settlement conference.
  • Wen v. Gabriel, 16-CV-6570 (ARR) (JO): Oversaw pretrial proceedings in personal injury case arising out of car accident; presided over successful settlement conference.
  • Zaragoza v. Prime Uniform Supply, Inc., 17-CV-1983 (JO): Oversaw pretrial proceedings in personal injury case arising out of car accident; presided over successful settlement conference.

  Medical Malpractice

  • Prutkovsky v. United States, 08-CV-0858 (DLI) (JO) (E.D.N.Y.): Executor of decedent’s estate sued government for medical malpractice at federally funded community health center based on allege failure to timely diagnose decedent’s cancer; oversaw discovery and presided at successful settlement conference.

  Products Liability

  • Gissinger v. Yung, No. 04-CV-0534 (CBA) (JO), 2006 WL 1329697 (E.D.N.Y. May 16, 2006); Gissinger v. Yung, No. 04-CV-0534 (BMC) (JO), 2007 WL 2228153 (E.D.N.Y. July 31, 2007): Married plaintiffs asserted personal injury and loss of consortium claims against company that designed and manufactured the ladder from which the husband fell; oversaw discovery, recommended striking defendant’s answer, held evidentiary hearing on damages and recommended relief; all recommendations adopted on review.
  • Grim v. Costco Wholesale Corporation, 13-CV-1572 (JG) (JO) (E.D.N.Y.): Plaintiff asserted personal injury claim against manufacturer and seller of prepared food allegedly contaminated with listeria that sickened plaintiff and her daughter; oversaw discovery and presided at successful settlement conference.
Real Estate & Real Property
• Mortgage Foreclosure

  • CIT Bank, N.A. v. Locastro, 17-CV-1701 (AMD) (JO), 2018 WL 4635728 (E.D.N.Y. Aug. 2, 2018), report and recommendation adopted, 2018 WL 4026737 (E.D.N.Y. Aug. 22, 2018): Recommended denial of motion for default judgment and foreclosure based on plaintiff’s failure to join junior lienholder as a necessary party; recommendation adopted over objection on review