Litigation
Each engagement begins with sound, practical counseling.
We learn the issues, listen to the client’s concerns and then brainstorm about possible options and strategies. We try to settle cases through negotiation, mediation or arbitration whenever possible. But when a settlement is not in the client’s best interest, we proceed to trial.
When necessary, our litigation group attorneys go to court.
We approach every case as if it will go to trial, litigate efficiently, and focus on what is important to persuade the judge or jury at trial. We have extensive experience in both state and federal courts, which enables us to focus on the end game and avoid situations that could later become obstacles or distractions in court. We plan every case as if it will go to trial, but look for ways to achieve a settlement that benefits the client. Our adversaries know that we are aggressive and street-smart; formidable, yet reasonable. We fight hard when necessary, but our approach is always guided by the highest ethical considerations and our respect for the legal process. This orientation and respect for the legal process often help us craft advantageous settlements and to achieve excellent results.
Clients have come to rely on our experience and pragmatism.
Collectively, our attorneys have decades of trial experience. Some have clerked, others were prosecutors, and others were trained in large law firm litigation departments. We often find ourselves opposed by the largest firms in the City or hired by clients to turn around problem cases. We staff leanly but effectively, assembling teams of litigators with the most appropriate expertise in the relevant industries and areas of law. And we are often the firm of choice for out of state law firms that wish to engage local counsel, because we give each such case the same effort as if we were the originating firm.
We handle a wide variety of cases.
Attorneys in our litigation group have extensive experience in securities law, contract law, business torts, white collar crime, real estate law, employment law, intellectual property, copyright, trademark and trade secrets issues, antitrust, franchise and distributor relationships, product liability and partnership disputes. We represent both plaintiffs and defendants, and are equally comfortable on either side. We share a commitment to our clients’ success.
In terms of industries, our clients come from everywhere -- the financial and investment/private equity sectors, manufacturing, publishing and service sectors. We represent corporations, partnerships and individuals, including well-known sports and entertainment personalities.
We pride ourselves on our skill at litigating, but we are equally proud of our ability to apply our litigation skills in a way that recognizes that litigation is merely a means to an end. We do not do work for work’s sake. We don’t produce lengthy legal memos summarizing cases, we don’t engage in costly discovery simply because we can and we engage in motion practice only when we are firmly of the belief that there is a significant upside in making a motion. We do not believe in excessive depositions, and attempt to limit depositions to those that are necessary to enable us to prove our case or sustain a defense. We don’t bring along a large team to every court appearance or deposition. We want to win, but we want to do so efficiently and with the appropriate sensitivity to the cost of litigation.
Litigation is expensive, and we do not pretend that our services are inexpensive. But as most of our clients will attest, while our litigation skills are the equal of much larger firms, we cost much less than most other firms. Not only are our hourly rates substantially lower than the rates charged at large NY firms, we are also able to litigate much more efficiently. We staff cases leanly, and our senior attorneys play a central role in every litigation. Although we try to utilize younger and less costly attorneys when that is appropriate, our senior litigators are heavily involved in all aspects of a case. That is one reason why we have maintained decades-long client relationships and why newer clients come back to us so often.
Representative cases
- We successfully prosecuted and obtained a multi-million dollar claim in federal court for fraudulent conversion arising out of 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. The defendant appealed, and the judgment was approved by the Second Circuit Court of Appeals. Our client recovered the entire amount of the debt, plus interest and attorneys' fees.
- We achieved a major victory for one of our regular clients who was sued by a group of disgruntled investors claiming that our client had violated the federal securities laws in connection with the sale of corporate securities. We prevailed by showing that the plaintiff investors had been provided with a comprehensive set of offering documents (prepared by this firm) that fully disclosed the risks of the investment and rendered the alleged misstatements by the company immaterial as a matter of law.
- We were able to cause the dismissal before trial of a claim brought by our client's major competitor that our client had stolen trade secrets and was using them to manufacture a competing product. After extensive discovery directed at the plaintiff's alleged trade secrets, we were able to demonstrate to the federal district court that the alleged "secrets" were in the public domain. The court also found that the evidence was insufficient to permit the plaintiff to argue to a jury that our client had actually used the allegedly secret information. We were thus able to defeat the plaintiff's effort to bar our client from manufacturing a potentially important new product.
- We successfully defended one of our regular clients 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 our client attorneys’ fees against the plaintiff and her counsel.
- We were asked to take over a bankruptcy case from a major New York City firm in the middle of the case, giving us just three weeks to resolve the situation or get ready for an auction sale. The case went the auction route and we then had three weeks in which to successfully handle all the real estate closings, handle myriad disputes and field many motions.
- We 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.
- After being retained post-verdict, we successfully represented one of our regular clients in overturning a multimillion dollar punitive damage award in California. The California Court of Appeals ruled that the plaintiff had failed to establish the elements of claim for tortious interference with contract or prospective business relations.
- We represented a Hall of Fame baseball player in successfully obtaining the withdrawal of breach of contract cross-claims brought by a television network that our client had worked for as a commentator.
- We obtained pre-trial dismissal of federal lawsuits filed in Minnesota and Virginia on behalf of a major distributor of food products.
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