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S. Preston Ricardo photo - Golenbock Eiseman Assor Bell & Peskoe LLP

711 Third Avenue
New York, NY 10017
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f: 212-754-0330

pricardo@golenbock.com
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S. Preston Ricardo
Partner

For 20 years, Mr. Ricardo has represented companies and individuals in complex business litigation before state and federal courts, as well as in mediations and arbitrations, throughout the United States. In addition to obtaining monetary recoveries and defense verdicts for his clients at bench and jury trials involving millions of dollars in damages, Mr. Ricardo has obtained injunctive relief and numerous dismissals and favorable outcomes before trial through motion practice and alternative means of dispute resolution.

Mr. Ricardo’s diverse business practice includes trade secret litigation, shareholder and partnership disputes, contract matters, complex business-fraud investigations and litigation, business torts, bankruptcy litigation, and matters relating to insurance coverage.  He has also coordinated with federal and state prosecutors in instances where his civil actions have overlapped with parallel criminal investigations or proceedings.

Mr. Ricardo regularly counsels and represents employers and employees from a wide array of industries in matters involving non-competition agreements and other post-employment restrictive covenants.

Outside of work, Mr. Ricardo is a competitive long course triathlete. For 2014 and 2015 he was ranked by Ironman™ in the top 1% in the world in his age group at the half-Ironman distance; he qualified for the United States Olympic Distance AG National Championships in 2014-2016; and for 2016, he qualified to represent the United States (Team USA) at the ITU Long Course Triathlon World Championship.

Representative cases handled by Mr. Ricardo include:

  • Lead counsel for the National Restaurant Association in a Constitutional and State law challenge to New York City Board of Health’s adoption of a first-of-its-kind law requiring chain restaurants to post sodium warning labels on menus.
  • After two-week bench trial, obtained multi-million dollar judgment for breach of contract on behalf of industrial motor manufacturer, and defense verdict on counterclaims for fraud asserted by general contractor, in connection with multi-billion dollar public works project (D. Nev.).
  • After two-week jury trial, obtained defense verdict on behalf of U.S. subsidiary of Turkish manufacturer in a lawsuit alleging multi-million dollar theft of trade secrets and unfair competition claims (S.D.N.Y.).
  • Represented magazine publisher in $100 million breach of contract dispute with Rosie O’Donnell over the demise of Rosie magazine, which ended with two-week bench trial (Sup. Ct., New York Cnty.).
  • Obtained one million dollar arbitration award (full amount of damages sought) on behalf of private company against insurance carrier that had denied duty to defend and coverage for legal fees under D&O policy (American Arbitration Assoc., N.Y.).
  • Represented Chapter 11 Trustee in multiple litigations arising out of Ponzi scheme involving misappropriation of more than $140 million from real-estate related entities, which resulted in settlement recoveries from banks, hard money lenders, insurance companies, law firms, and individuals exceeding $100 million (Bankr. S.D.N.Y.).
  • Three weeks before a jury trial involving two-dozen witnesses and multiple damages experts, obtained summary judgment for Panasonic against $30 million contract claim (Ohio Dist. Ct.).
  • Obtained dismissal at pleadings stage of lawsuit against principals of private equity firm who plaintiffs had accused of fraud, Dontos et al. v. Vendomation NZ Ltd. et al., 2012 WL 3702044 (Aug. 27, 2012 N.D. TX), aff’d in part, (5th Cir.).
  • Obtained favorable settlement for Panasonic after successfully excluding plaintiff’s economics expert and obtaining summary judgment against plaintiff’s $5 million lost profits claim (Tex. Dist. Ct.).
  • Obtained dismissal of action by competitor of leading German provider of mail system solutions, seeking turnover of computer source code used by our client in European markets (Bankr. D. Del.).
  • Obtained TRO’s and preliminary injunctions prohibiting clients’ former officers from soliciting their customers and employees, and accepting business from customers that defendants had serviced previously, pursuant to restrictive covenants (Sup. Ct., New York Cnty.; Sup. Ct., King Cnty., WA).
  • Defeated applications for preliminary injunctions against former employees and their new employers pursuant to non-competition and customer non-solicition agreements (Sup. Ct., New York Cnty.; Sup. Ct., Chancery, N.J.).
  • Obtained dismisal at pleadings stage of action against a global insurance broker in which former customer alleged breach of contract, fraud and fiduciary duty claims (Ct. of Common Pleas, Philadelphia Cnty., PA).
  • Obtained dismissal at the pleadings stage for a global advertising agency in putative class action by models alleging wrongful use of images (Sup. Ct., New York Cnty.).
  • Obtained favorable settlement on behalf of national beverage chain of lawsuit commenced by shareholders who sought to prohibit company’s recapitalization pursuant to certificate of incorporation (S.D. Ohio).
  • Obtained multi-million dollar settlement on behalf of debtor in fraudulent conveyance action against bank, on the morning of trial (Bankr. S.D.N.Y.).
  • Obtained favorable settlement for private equity fund and firm’s principals against breach of contract and fraud claims arising from portfolio company’s franchise agreements (American Arbitration Assoc., Boston).
  • Regularly represent and advise companies and individuals in the insurance, financial, manufacturing, restaurant, fashion, and other industries about matters relating to separation of employment, including amicable negotiations and contested contractual and tort disputes.

Speaker/Author

Education and Honors

  • J. D., cum laude, Georgetown University Law Center (1997); Staff Editor, The Tax Lawyer; Legal Research and Writing Fellow
  • B. A., with honors, University of Texas at Austin (1994), Texas Achievement Award, College Scholar
  • University of Seville, Seville, Spain

Judicial Clerkship

  • Law Clerk, The Honorable Deborah G. Hankinson and the Honorable John Cornyn of the Supreme Court of Texas (1997-1998)

Practice Areas

Bar Admissions

  • State of New York
  • U.S. District Court, Southern and Eastern Districts of New York
  • U.S. District Court, Northern District of Texas
  • U.S. Court of Appeals, Fifth Circuit

Professional Activities

  • Member, New York City Bar, Committees on State Courts (2002-2004), (2013-present), New York City Affairs (2009-2012), and Federal Procedure (2013-present)
  • Member, New York State Bar Association, Commercial and Federal Litigation Section

Publications

Prior Legal Experience

  • O’Sullivan, LLP (Since merged with O’Melveny & Myers)
  • Akin, Gump, Strauss, Hauer & Feld
  • Jones Day

Awards

  • “Preeminent A-V” Rated by Martindale Hubbell