Litigation/Alternative Dispute Resolution
We are equally adept at trying cases and settling them.
We handle a wide range of challenging cases and get excellent results for our clients by thinking creatively and acting forcefully. We learn the issues, listen to the client’s concerns, and then brainstorm the best possible strategies. We are prepared to take every case to trial, but we also know how to find business solutions where possible to settle cases when that makes sense for our clients.
We have extensive experience in both state and federal courts, in New York and around the country. When litigation is in the best interest of our clients, we undertake it efficiently by identifying what is important to persuade the judge or jury at trial. Our adversaries know that we are aggressive, street-smart, and formidable, yet reasonable. We fight hard when necessary, but our approach is always guided by the highest ethical standards, and by respect for the legal process and for our adversaries. This orientation helps us craft advantageous settlements and achieve excellent results.
Collectively, our attorneys have decades of trial experience. Some have clerked for judges, others were prosecutors, while others were trained in large law firm litigation departments. We often find ourselves opposed by the largest firms in the country, or hired by clients to turn around problem cases. We staff leanly but efficiently, assembling teams of talented litigators with the most appropriate expertise in the relevant industries and areas of law. We are often the firm of choice for out-of-state law firms that wish to engage local counsel because we devote the same quality effort as if we were the originating firm.
Clients increasingly find themselves in arbitration, especially in international transactions, and we are familiar with and experienced in the rules and customs of all of the various arbitral forums, domestic and international. Some of our lawyers also act as mediators and arbitrators, which gives them the advantage of seeing the process from both sides.
- Successfully prosecuted and obtained a multi-million dollar claim in federal court for fraudulent conversion arising from the purported arms-length sale by the defendant of its assets to an out-of-state corporation, which led to the defendant’s inability to satisfy its obligations under an unsecured note. After trial, the court determined that the transaction was made for the purpose of avoiding a legitimate debt, and was made for less than sufficient consideration. Defendant appealed and the judgment was approved by the Second Circuit’s Court of Appeals. Client recovered the entire amount of the debt, plus interest and attorneys’ fees.
- Achieved a major victory for a longstanding client who was sued by a group of disgruntled investors. Client was accused of violating the federal securities laws in connection with the sale of corporate securities. Firm prevailed by demonstrating that the investors had been provided with a comprehensive set of offering documents (prepared by Firm) that fully disclosed the risks of the investment and rendered the alleged misstatements by the company immaterial as a matter of law.
- Responsible for pre-trial dismissal of a claim initiated by client’s major competitor alleging theft of trade secrets and use to manufacture a competing product. After extensive discovery, Firm demonstrated to the federal district court that the alleged “secrets” were in the public domain. Court also found that the evidence was insufficient to permit the plaintiff to argue to a jury that allegedly secret information was used.
- Successfully defended client in a sexual harassment lawsuit filed in federal court by a disgruntled former employee. After deliberating for less than an hour, the jury returned a verdict of non-liability and the court thereafter awarded client attorney’s fees against the plaintiff and plaintiff’s counsel.
- Took over bankruptcy case from a major New York City firm in the middle of litigation, providing short time period to resolve the controversy or prepare for an auction sale. Upon the decision to undertake an auction sale, Firm handled the subsequent real estate closings, disputes and motions that are typical in such cases in a three week time frame.
- Successfully represented a former NFL quarterback in a transaction involving the rights of active and former pro-football players to license and market their images.
- Retained post-verdict and succeeded in overturning a multimillion dollar punitive damage award in California. California Court of Appeals ruled that the adversary had failed to establish the elements of claim of tortuous interference with contract or prospective business relations.
- Represented Hall of Fame baseball player in successfully obtaining the withdrawal of a breach of contract cross-claims brought by television network where client served as commentator.
- Obtained pre-trial dismissal of federal lawsuits filed in Minnesota and Virginia on behalf of a major distributor of food products.