Results

Recent (as Lead Counsel for Kennedy Berg)

Shyer v. Shyer

Obtained three interlocutory rulings from the Appellate Division, First Department that dismiss theories of liability and substantially narrow the plaitntiff’s potential damages, including a tax estoppel ruling and a favorable ruling about the meaning of a critical option notice. The matter is set for a two-week jury trial this fall.

NFP Property & Casualty, Inc. v. Lefkowitz and Onecap Services LLC

Successfully defended the right of an executive-level property and casualty broker to form Onecap Services LLC and compete with his former employer, who brought claims of unfair competition, trade secret misappropriation and related torts.  This state court action settled following removal of the case to federal district court, depositions of the plaintiff’s’ key executives and court-supervised mediation.

Amerocap v. Zyta Partners

Favorably settled a case, filed by another firm, by persuading the parties that litigation was premature and, with the assistance of a federal Magistrate Judge, paved the way for the dealmakers to resolve a dispute over a broken deal.

Chomnalez v. Zen Restoration, Inc.

Obtained two arbitral awards, following a five-day evidentiary hearing, exceeding $1,000,000 by obtaining a general contractor’s admission on cross examination that its subcontractor had defectively installed a HVAC system in an Upper East Side townhome. Click on these links to find copies of the arbitrator’s publicly filed awards: Final Award, First Award, Second Award.

MTA v. Con Edison, et al.

Represented Fisher Brothers in a complex, multi-party action by which the Metropolitan Transportation Authority sought to hold commercial building owners and Con Edison responsible for the condition of utility vaults located in the Grand Central railroad yard, and played a lead role in resolving the matter through a JAMS mediation.

Parties Confidential

Negotiated a favorable settlement on behalf of shareholders in a storied Manhattan co-op in a dispute involving an extensive, multi-year $32.5 million façade and roof renovation project.

Puma, et al., v. Hyland, et al.

Negotiated an early settlement on behalf of defendants, founders of two eponymous restaurants, in an investor dispute involving claims for usurpation of business opportunity, breach of fiduciary duty, and breach of contract, paving the way for the multi-state expansion of the EMMY SQUARED brand.

Parties Confidential

Defeated, after a three-day evidentiary hearing conducted under International Arbitration Rules, claims against a general contractor for alleged delay damages arising from the construction of an Army Command Battle Center in Germany.

Parties Confidential

Commenced an arbitration proceeding on behalf of an international medical service provider seeking about $20 million in unpaid service fees from a major insurance carrier, and favorably settled the matter, through mediation, following document discovery.

Parties Confidential
Avoided potentially costly litigation by privately asserting claims against a major U.S. law firm arising from its handling of an international arbitration, and negotiated a substantial reduction in the fees the law firm had billed to our client.

Littman v. Rohdie

Defeated the defendants’ motion to dismiss claims to share in an oral partnership’s profits arising from the development of real estate projects in the Southeastern United States, and settled the matter through mediation prior to any deposition discovery.

Cornerstone Resources Inc. v. G.K. Las Vegas Limited Partnership, et. al.

Settled the plaintiff’s claim for non-payment of services rendered by an expert witness resource provider after successfully moving to dismiss the plaintiff’s claims to pierce the veil of a limited liability company and to impose direct liability upon its managing member.

The Setai Group v. 400 Fifth Avenue

Favorably settled a matter after defeating the defendant’s motion to dismiss the plaintiff’s claim that a luxury hotel operator had improperly used the plaintiff’s name and mark, in breach of a licensing agreement requiring the plaintiff’s consent.

As Lead Counsel for Kennedy Johnson Gallagher

MidAmerican Energy Holdings Co., et al. v. San Lorenzo Ruiz Builders & Developers Group, Inc.

Won a directed verdict for the counterclaim plaintiff worth over $100 million in past and future stock dividends against a Berkshire Hathaway affiliate in a Nebraska trial court. Before closing arguments in a two-week jury trial, the trial judge ruled that SLR, a minority stockholder in a Philippine water and energy project, had conclusively proven that MidAmerican, the project’s majority stockholder, had deliberately manipulated key inputs in an accounting formula to destroy the value of SLR’s stock options and prevent SLR from exercising the options, thereby eliminating SLR’s minority interest. The parties settled the matter pending appeal.

LaPrairie Group Contractors (International), Ltd. v. CE Casecnan, Ltd. and MidAmerican Energy Holdings Co.

Won a judgment for the plaintiff worth over $100 million in past and future stock dividends against a Berkshire Hathaway affiliate following a five-week Bench trial in the complex part of the San Francisco Superior Court. In this predecessor lawsuit to MidAmerican v. SLR, the Court held that the majority stockholder had improperly eliminated a minority stockholder’s ownership interest in a Philippine water and energy project by miscalculating its projected return on investment under a contractual stockholder “dilution” provision. The case settled following appeals.

Financial Security Assurance Co. v. Bay View Bank

Won summary judgment for the plaintiff in a New York federal district court, which declared that numerous loans contained in mortgage-backed securitized loan pools breached various contractual warranties and representations, and negotiated a favorable settlement before trial.

U.S. East Ltd. v. JP Morgan Chase

Defeated the defendant bank’s motion for summary judgment on claims of employee piracy arising from an alleged raid on an IT vendor’s at-will employees, and successfully negotiated a settlement, days before the start of trial, on behalf of the IT vendor.

Littman v. Magee

Won reversal on an appeal before an intermediate New York appellate court of a judgment dismissing a complaint for breach of fiduciary duties, which had been brought by another law firm on behalf of a minority partner in a real estate development company.

For Paul Hastings

Sarnoff Corporation v. Broadcom Corporation

As lead counsel, won a judgment in favor of Broadcom, following a week-long Bench trial before a New Jersey state court judge. The court rejected claims of trade secret misappropriation and employee piracy arising out of Broadcom’s simultaneous recruitment and hiring of six employees who had spearheaded Sarnoff Corporation’s development of certain QAM cable modem technology.

SAFA v. Gianni Versace s.P.a.

As lead counsel, won an arbitral award, following a ten-day evidentiary hearing, permanently enjoining Gianni Versace sPa from selling certain GIANNI VERSACE secondary label clothing, from a VERSACE JEANS COTURE boutique in Beverly Hills. The arbitration panel found that the boutique’s sale of only VERSACE brand clothing violated the rights of another Beverly Hills franchise to be the sole “Gianni Versace” store in Los Angeles County.

Tricon Global Restaurants v. Minor International Plc.

As lead counsel, defeated a motion in the New York federal court to shut down Thailand’s largest pizza restaurant operator following the franchisor’s refusal to renew its Pizza Hut franchise, and negotiated a settlement that permitted the Pizza Hut franchisee to rebrand its business and maintain its 90% market share.

ING (U.S.) Financial Holdings v. Fisher Brothers

Successfully negotiated a favorable monetary settlement, following extensive discovery, in favor of the landlord of a Park Avenue office tower who alleged in the New York Supreme Court that the sale of a tenant’s business constituted the unauthorized transfer of a valuable leasehold interest in the building.

State of Brunei Darussalam v. Rieger

As lead counsel, successfully defended a former outside director of a prominent New York hotel against claims in the New York state and federal courts of breach of fiduciary duties and alleged RICO violations and negotiating, several months after his appearance in the matter, a global settlement involving hundreds of millions of claims and counterclaims brought by multiple parties located in diverse jurisdictions throughout the world.

Smith Kline Beecham v. Colgate Palmolive Co.

Served on a trial team that won a judgment, following an evidentiary hearing, in a Philadelphia federal district court denying plaintiff’s motion to preliminarily enjoin Colgate’s U.S. introduction of the NAVIGATOR flexible toothbrush, on grounds of alleged patent infringement, and granting Colgate’s cross motion for summary judgment dismissing the complaint.