Cases
Representative Matters: Bankruptcy: Served as debtors' counsel in cases in New York
Connecticut representing broker-dealers, mutual funds, real estate holding companies
software developer
Represented official
ad hoc committees of unsecured creditors, bondholders
employees in cases venued in New York, Montana
California
Served as special litigation counsel for debtors in cases filed by telecommunications companies, health care providers, equipment financing companies, a sports franchise
furniture manufacturers/distributors in cases venued in New York, Delaware, Ohio
France
Regularly represent lenders in lift stay proceedings to allow lien foreclosures
Provided monitoring services for insurer in Enron Corp.
Worldcom, Inc. MegaClaims litigations
Represented l
lords of debtors in bankruptcy cases venued in New York, Illinois, Pennsylvania
Missouri
Represent parties with swaps termination claims triggered by bankruptcy filing
Represent major charitable organization in non-discharge litigation against former employees charged with embezzlement
Represent seller of business in non-discharge litigation against business purchaser charged with siphoning off business assets then closing business
Represented estate fiduciary in New York bankruptcy case in suit filed by debtor in Delaware bankruptcy concerning ownership of Delaware debtor securities
Represented creditors in litigations over ponzi scheme distributions
Prosecuted
defended hundreds of avoidance actions relating to preferential transfers
/or fraudulent transfers in courts throughout the United States
Represented utility providers
critical vendors in numerous cases
Represented investors in liquidation of offshore corporations charged as ponzi schemes
Represented numerous clients seeking to make asset acquisitions through bankruptcy ( 363 sales ) in cases venued around the Country
Business Litigation: Represented numerous closely held businesses, creditors
equity owners in state court liquidations
assignments for the benefit of creditors
Regularly Represent banks
other lenders in workouts
lien foreclosures
Led workout of debt for bank client alongside more than 20 other lenders with perfected claims, creating a multi-year waterfall approved by all parties
Represented contractor for development of power plant in suit by subcontractor wherein subcontractor claimed the job had become so large that it was impossible to perform without millions of dollars in additional compensation
Represented lender in breach of contract
related foreclosure surrounding operating
equipment loans to oil field producer in Java Sea
related repossession of oil tanker
Defended major waste hauling companies in New York environmental litigation
Defended real estate developer in RICO action alleging misrepresentations resulting in billions of dollars of loses to investors
Represented engineering
construction firm in connection payment litigation stemming from Iran's oil for food program
Represented property owner in litigation against property manager for breach of fiduciary duty
breach of contract
Represented investor in website technology against website owners for fraud
corporate waste
Represented securities clearing firm in litigation with software developer for breach of warranty/contract
Prosecuted claims against telecommunications company for fraud related to prepaid phone cards
Directors & Officers: Represented former Chairman in adversary proceedings brought by bankruptcy trustee charging usurpation of corporate opportunity
fraud-based claims
Represented board member in class action alleging liability on alter ego theories
Represented board members in action by insurance carrier to rescind D&O policy based on falsified financials
in related action by bankruptcy trustee
Represented board members against claims of waste in connection with management of creditors' trust after bankruptcy liquidation
Represented former CEO
Chairman of public company in adversary proceedings brought by bankruptcy trustee charging breach of fiduciary duty, waste
fraud-based claims
Represented former CEO in FBI's investigation relating to failure of dot-com company
Represented foreign steel manufacturer in suit against US-based subsidiary's CEO
Chairman for fraud
corporate waste
Distribution
Franchise Law: Regularly represent franchisors in disputes arising from termination of franchise agreements
in drafting separation agreements with franchisees
Regularly represent franchisors in actions relating to non-payment of franchise fees
Represented franchisee in wage
hour class action
Represented multi-unit franchisee in negotiated sale back of units to franchisor
Represented Chinese manufacturer in litigation with North American distributor to recover product proceeds
Represented franchisor in litigation alleging misrepresentation in offering circular
failure to provide promised operating assistance to failed franchisee
Prosecuted trademark infringement action for owner of marks against entity which embedded mark into website metadata in order to attract internet traffic
Defended trademark infringement action alleging unfair competition
cyber-squatting based on similar website domain name
Defended trademark infringement action against footwear manufacturer by former client/major label
Represented licensor of technology in litigation with public company licensee for failure to pay license fees
Prosecuted action for trademark infringement on behalf of major food importer/distributor against counterfeiter
Regularly prosecute trademark
copyright infringement cases in franchise law context
Defended anti-trust class action against soft drink distributors alleging price fixing
Represented major national food distributor in defense of claim by regional distributor for breach of distribution agreement
Represented food distribution company in litigation with software developer over failure to produce working custom inventory control software
Employment Litigation: Defended numerous Title VII cases including cases charging sexual discrimination, discrimination based on national origin, religious discrimination
age discrimination
Defended claims made to the New York City Commission on Human Rights
related, or at times separate, EEOC claims
Defended company against claims for unpaid severance
bonus by former CEO
Defense counsel in wage
hour class actions
Prosecuted numerous cases alleging theft of trade secrets by terminated employees
Defended numerous contractual employment disputes through trial
Mortgage-Backed Securities
Credit Markets: Representing loan originators
others in litigations surrounding dem
s for loan repurchase
Represented major financial institution in litigation filed by a whistle-blower employee in relation to a sub-prime mortgage investigation
Resolved disputes between mortgage lenders
funding entities over pricing of mortgage backed securities
Defended claims of underwriting fraud against mortgage broker
Securities Litigation & Regulation: Represented broker-dealers in dozens of arbitrations relating to customer claims
/or employment disputes
Represented broker-dealers in numerous cases of raiding
litigation concerning customer lists
Represented broker-dealers in numerous arbitrations
state court filings related to nonpayment of forgivable loans to terminated or former brokers
Represented loan servicers in securities fraud claims relating to allegedly unauthorized securitization of loans
Represented major public manufacturer accused of improperly allowing stock to be escheated to state agency
Represented major brokerage firm
corporate affiliates in class action alleging securities fraud based on its cash sweep program
Represented securities clearing firm in market timing multi-district litigation/class action
Represented CEO
board members in securities fraud class action following a restatement of company financials
an SEC halt on the trading of stock
Represented stable value fund in Department of Labor investigation into questionable investments by fund managers
Representing major investor in securities/derivative litigation following bankruptcy of telecommunications company
Represented public company in litigation by investment bank seeking issuance of warrants
Represented mutual funds in litigation concerning payments of preferred dividends by public company
Regularly prosecute claims on behalf of investment banks relating to fraud or breach of contract in connection with purchases of stock through private investments
Reported Cases: World of Beer Franchising, Inc. v. MWB Dev. I, LLC, et. al, 711 F. Appx 561 (11th Cir. 2017)
Moses v. Revlon Inc., 2016 WL 4371744 (S.D.N.Y. Aug. 11, 2016), aff'd, 691 F. Appx 16 (2d Cir. 2017)
In re USA United Fleet, Inc., 2016 WL 5400399 (Bankr. E.D.N.Y. Sept. 26, 2016)
In re Lyondell Chem. Co., 554 B.R. 655 (Bankr. S.D.N.Y. 2016)
Bongiovanni v. Grubin, 2016 WL 4059349 (E.D.N.Y. July 28, 2016)
In re Koper, 552 B.R. 208 (Bankr. E.D.N.Y. 2016)
Contl Indus. Grp., Inc. v. Altunkilic, 633 F. Appx 61 (2d Cir. 2016)
Voll v. Dunn, 2014 WL 7461644 (Conn. Super. Ct. Nov. 10, 2014)
U.S. Bank Nat. Assn v Greenpoint Mortg. Funding, Inc., 34 Misc 3d 1231(A) (Sup Ct 2012) affd, U.S. Bank Nat. Assn v GreenPoint Mortg. Funding, Inc., 105 AD3d 639, 965 NYS2d 401 (1st Dep't. 2013) lv to appeal denied, 22 NY3d 863, 983 NYS2d 494 (2014)
In re M. Fabrikant & Sons, Inc., 480 BR 480 (SDNY 2012) affd, 541 Fed Appx 55 (2d Cir 2013)
Jurgensen v. Felix Storch, Inc., 12 CIV. 1201 KBF, 2012 WL 2354247 (SDNY June 14, 2012)
Gehron v. Best Reward Credit Union, 2011 U.S. Dist. LEXIS 26414, Fed. Sec. L. Rep. (CCH) P96239 (S.D. Cal. Mar. 15, 2011)
Buchwald Capital Advisors LLC v. JP Morgan Chase Bank, N.A. (In re M. Fabrikant & Sons, Inc.), 2011 Bankr. LEXIS 316 (Bankr. S.D.N.Y. Jan. 25, 2011)
Square Mile Structured Debt (One) LLC v. Swig, 2010 N.Y. Misc. LEXIS 5080, 2010 NY Slip Op 32937U (N.Y. Sup. Ct. Oct. 15, 2010)
Madison Realty Capital, LP v. Scarborough-St. James Corp., 76 A.D.3d 486, 907 N.Y.S.2d 192 (1st Dept. 2010)
U.S. Bank, N.A. v. Greenpoint Mortgage Funding, Inc., 26 Misc. 3d 1234A, 907 N.Y.S.2d 441, 243 N.Y.L.J. 53 (N.Y. Sup. Ct. March 3, 2010)
DeBlasio v. Merrill Lynch & Co., 2009 U.S. Dist. LEXIS 64848 (S.D.N.Y. July 27, 2009)
Louis Foodservice Corp. v. 5423 First Ave. LLC, 25 Misc. 3d 1237A, 906 N.Y.S.2d 773, 242 N.Y.L.J. 121 (Kings Sup. Ct. December 8, 2009)
D.B. Zwirn Special Opportunities Fund, L.P. v. Brin Inv. Corp., 26 Misc. 3d 528, 888 N.Y.S.2d 876, 242 N.Y.L.J. 101 (N.Y. Sup. Ct. November 12, 2009)
De Bie v. Tredegar Trust Co., 61 A.D.3d 610, 877 N.Y.S.2d 331, 2009 N.Y. App. Div. LEXIS 3314 (1st Dept. 2009)
Kapiamba v. Securitas Sec. Serv., 2008 U.S. Dist. LEXIS 34559 (S.D.N.Y. Apr. 29, 2008)
Global Crossing Estate Representative v. Alta Partners Holdings LDC (In re Global Crossing, Ltd.), 385 B.R. 52 (Bankr. S.D.N.Y. 2008)
Camarda v. Snapple Distribs., 2007 U.S. Dist. LEXIS 68101, 2007-2 Trade Cas. (CCH) P75884 (S.D.N.Y. Sept. 13, 2007)
Milton Abeles, Inc. v. Farmers Pride, Inc., 2007 U.S. Dist. LEXIS 50071 (E.D.N.Y. July 11, 2007)
Am. Home Mortg. Corp v. Mortgage Gold, Inc., 2007 U.S. Dist. LEXIS 28273 (S.D.N.Y. Apr. 18, 2007)
Al-Rayes v. Willingham, 2007 U.S. Dist. LEXIS 17858 (M.D. Fla. Mar. 14, 2007)
Al-Rayes v. Willingham, 2007 U.S. Dist. LEXIS 8085 (M.D. Fla. Feb. 5, 2007)
In re Suprema Specialties, Inc. Sec. Litig., 438 F.3d 256, Fed. Sec. L. Rep. (CCH) P93694 (3d Cir. 2006)
Shred-It USA, Inc. v. Confidential Shredding, LLC, 2005 U.S. Dist. LEXIS 45220 (E.D.N.Y. Sept. 20, 2005)
Natl Oil Well Maint. Co. v. Fortune Oil & Gas, Inc., 2004 U.S. Dist. LEXIS 16765 (S.D.N.Y. Aug. 23, 2004)
Wells Fargo Bank Minn., N.A. v. ComputerTraining.Com, Inc., 2004 U.S. Dist. LEXIS 12911 (S.D.N.Y. July 8, 2004)
ServiceMaster Residential/Commercial Servs., L.P. v. Westchester Cleaning Servs., 2003 U.S. Dist. LEXIS 1104 (S.D.N.Y. Jan. 29, 2003)
ServiceMaster Residential/Commercial Servs., L.P. v. Westchester Cleaning Servs., 2001 U.S. Dist. LEXIS 4807 (S.D.N.Y. Apr. 18, 2001)
Thermal Imaging, Inc. v. S
grain Sec., Inc., 158 F. Supp. 2d 335, 2001 U.S. Dist. LEXIS 11918 (S.D.N.Y. 2001)
Banco do Brasil S.A. v. State of Antigua & Barbuda, 268 A.D.2d 75, 707 N.Y.S.2d 151, 2000 N.Y. App. Div. LEXIS 4361 (N.Y. App. Div. 1st Dept 2000)
Whitney Holdings v. Givotovsky, 988 F. Supp. 732, 1997 U.S. Dist. LEXIS 20480 (S.D.N.Y. 1997)
