Cases
Representative Matters: Banking: Represented a trustee of mortgage backed securities in a jury trial on a mortgage loan default claim
defense of a RICO counterclaim, successfully settling case during trial.
Won federal court jury trial defending Ocwen Loan Servicing
U.S. Bank, as trustee for investors in mortgage-backed securities, against claims of wrongful foreclosure, fraud, conversion
trespass,
seeking an award for emotional distress,
punitive damages. The jury returned a complete defense verdict, finding in favor of our clients on all claims.
Won summary judgment for a major bank in the Superior Court of New Jersey, in an action in which plaintiff alleged multimillion-dollar claims for breach of contract, implied covenant,
promissory estoppel over the bank's termination of a commercial lease, where Court found both factual
legal bases warranted dismissal with prejudice of all claims.
Won summary judgment for a major bank in the U.S. District Court for the Eastern District of Pennsylvania in a multimillion dollar account embezzlement action involving allegations of breach of contract, negligence
violations of the Uniform Commercial Code (UCC).
Won dismissal for a major bank of federal court claims alleging violations of the Fair Debt Collection Act, promissory estoppel
equitable estoppel.
Won a motion to dismiss all claims against a bank in the U.S. District Court for the Eastern District of New York for failure to state a claim for violations of the common law of the Fair Credit Reporting Act
federal preemption.
Representing the Special Committee of the Board of Directors of a Pennsylvania based community bank in an internal investigation concerning safety
soundness issues, including internal controls, corporate governance
accounting matters.
Won dismissal, for a major bank, of a commercial lease dispute in Bergen County, New Jersey Court which granted the extraordinary sanction of dismissal because of plaintiff's discovery violations.
Won motion to dismiss for a major bank in Florida State Court in a dispute brought by investors in a South Florida real estate company alleging violation of Florida's Racketeer Influenced
Corruption Organization Act.
Won motion to dismiss with prejudice for a major bank in the Supreme Court of New York in a dispute brought by a California based private equity firm concerning an $87.9 million transaction under a complex Stock Purchase Agreement with an Indemnity Escrow Fund Agreement
Won motion to dismiss with prejudice for a major bank in the Superior Court of New Jersey, Morris County, in a dispute brought by a l
lord over the bank's termination of a bank branch's lease over environmental issues.
Obtained partial summary judgment for a major bank in the Court of Common Pleas of Philadelphia County in an action seeking $10 million in damages against the bank for breach of a deposit agreement resulting in an alleged raid of customer assets by dissident executives.
Represented a special committee of the board of directors of Saddle River Valley Bank in an internal investigation into its wire transfer business.
Won appeal for a major bank in United States Court of Appeals for the Fourth Circuit. The appeal upheld a prior victory in the United States District Court for the District of Maryl
dismissing plaintiffs' claims for fraud concerning mortgage foreclosure
garnishment against twenty-two financial institutions
executive defendants. The District Court dismissed plaintiffs' claims in the entirety for lack of subject matter jurisdiction
then denied motions for reconsideration
to reopen.
Won summary judgment in rem for a major bank in the Philadelphia Court of Common Pleas in contract
foreclosure action for two separately mortgaged properties totaling $1.3 million plus per diem interest.
Won dismissal with prejudice of lender liability claims against a major bank in the Supreme Court of the State of New York, setting important precedent for future lender liability claims in New York.
Won motion to dismiss for a major bank in a lender liability suit in the United States District Court for the Southern District of Florida.
Won motion to dismiss for a major bank under the Uniform Commercial Code (UCC) repeater rule in a check fraud case where an employee embezzled hundreds of thous
s of dollars.
Won motion to dismiss for a major bank in NY State Court on lender liability
consumer fraud counterclaims to an SBA loan foreclosure action.
Won dismissal of multimillion dollar lender liability claims, then won summary judgment on borrowers' contract claims
then won judgment counterclaims in the amount of $2 Million for the bank in federal court in Pennsylvania concerning the financing of a real estate development project.
Won motions striking lender liability defenses with prejudice, ordering entry of defaults against the borrowers / guarantors,
ordering allowances to proceed for a final judgment on a non-contested basis for a major bank in New Jersey State Courts.
Securities
Exchange Commission Enforcement Defense: SEC v. Kissinger - won trial defending registered investment advisor (RIA) on fraud claims over disclosure for various classes of mutual funds.
SEC v. Hoffman - won trial defending a registered representative (RR) on fraud
switching claims over disclosure for mutual funds.
SEC v. Saltzman - lifted ex parte asset freeze in federal court against hedge fund
registered investment advisor (RIA), vigorously defended
then settled on favorable terms on the eve of trial.
Class Action: Won dismissal with prejudice of a putative class action, alleging violation of the Fair Debt Collection Practices Act based on efforts to collect a time barred debt, in the New Jersey U.S. District Court on behalf of a bank's debt collector vendor.
Won dismissal of putative class action for national bank in U.S. District Court for the Southern District charging violations of New York's Exempt Income Protection Act (EIPA)
New York common law.
Won dismissal of federal court class action alleging that a national bank violated the Electronic Funds Transfer Act in connection with ATM fee charges.
Defended national bank in putative class action in New Jersey federal court alleging violations of the Federal Trade Commission Act
Rules of Practice governing disclosures to franchisees, New York
New Jersey consumer protection laws
New Jersey common law concerning Small Business Association loans.
Cave v. Saxon Mortgage Servicing
Ocwen Loan Servicing, LLC - defending national mortgage loan servicer in several putative class actions pending in federal courts in Pennsylvania, Michigan, Florida
Texas.
Midlantic Bank -- won dismissal of state court class action alleging illegal charges of ATM fees.
In re Commerce Bank Securities Litigation - dismissal of 10b-5 claim against company, directors
executives.
In re BonTon Securities Litigation - dismissal of 10b-5
section 11
12 claims against investment banks Alex. Brown & Sons
Montgomery Securities over an IPO.
In re Numerex Securities Litigation - dismissal of 10b-5 claims against company
board over secondary stock offering
settled while appeal was pending.
In re Chateauguy Corp., LTV Corp.: - dismissal of securities class action claims filed in bankruptcy proceeding.
In re HomeHealth Corporation - defense of healthcare provider, board
executives regarding disclosure
settled after company filed for reorganization.
In re Financial News Network, Inc.
Infotechnology, Inc. - defense of several class action, RICO
securities cases regarding financial disclosure
settled.
Wall to Wall Sound
Video Securities Litigation - court appointed defense liaison counsel in class action IPO securities case
settled.
Greenfield v. Heublein - represented plaintiffs in securities class action over disclosure of merger with RJ Reynolds (precursor to Basic v. Levinson regarding material omissions).
Laventhal & Horvath - defense of international accounting firm in several securities class actions
settled.
Ivan Boesky - defense in class actions involving Drexel Burnham, Michael Milken
others.
Shareholder Derivative Claims: Won dismissal for a major bank of putative shareholder derivative claim in Pennsylvania state court.
Commerce Bank - dismissal of New Jersey state claims against board members
executives regarding fiduciary duties on pay to play issues.
AEL Industries - dismissal of Pennsylvania state court derivative claim
class action regarding merger
change of control premium to controlling shareholder
with award on statutory bond upheld on appeal.
LifeMinders Inc. - dismissal of Kansas federal court claims against company, board
executives regarding merger
disclosures.
Loewen Group - defense of board members of death care company over fiduciary duties in Pennsylvania.
Midlantic Bank - dismissal of bank in defending consumer class action regarding ATM fees.
Consumer Litigation: Carolina Acquisition v. Double Billed, HYM Yacht Sales et al. - Won a $2 million jury verdict following a two-week trial for a client that purchased a yacht from a yacht broker in Florida. The jury found for the client on its claim that that defendant negligently misrepresented the condition of the yacht.
Sivad v. Coastal Charter - represented purchaser of 142-foot yacht in Florida state court, resulting in mediation of settlement.
Yacht Purchasers - representations of various yacht purchasers in Florida against sellers
others involved in the sales process.
Oakes, et al., v. OkiData Electric - court appointed, nationwide class counsel for consumers of laser printers
successfully settled civil RICO, warranty, breach of contract
consumer fraud claims.
Algrant, et al., v. Evergreen Partners - representation of numerous investors in limited partnership, including consumer claims.
Carey International - defense of international limousine company, its board
officers in RICO class action case over surcharges to consumers.
Midlantic Bank - dismissal of Pennsylvania state court claims against board of Old York Road Bank regarding merger
disclosure.
Real Estate Development Disputes: NL Industries v. Sayreville Seaport Associates - defended
settled complex litigation for national l
developer through several intricate
interrelated transactions involving a $2 billion redevelopment/brownfields environmental remediation project along the Raritan River in New Jersey.
Raritan Baykeeper v. O'Neill Properties - won dismissal of federal environmental claims against real estate developer concerning $2 billion Brownfield Redevelopment Project in Northern New Jersey.
Raritan Baykeeper v. Sayreville Seaport Associates - defending federal environmental claims against remediator / developer concerning $2 billion brownfield redevelopment project
won dismissal of all claims under federal abstention doctrine that was later reversed
rem
ed by appeals court.
Lynchburg Steel v. O' Neill Properties Group - successfully defended
resolved federal court claims by service
products supplier as part of a complex, multi-party restructuring of a half-billion-dollar brownfield redevelopment project at a former steel plant.
RC Fabricators v. O'Neill Properties Group - successfully defended
resolved state court claims by product supplier as part of a complex, multi-party restructuring of a brownfield redevelopment project.
Brayman Construction v. O' Neill Properties Group - successfully defended
resolved state court claims by service
product supplier as part of a complex, multi-party restructuring of a brownfield redevelopment project.
