Representative Matters

Breach of Contract

Successfully represented investment firm in action against software consulting firm for its failure to deliver custom software and database in accordance with the investment firm’s requirements.

 

Successfully represented investors in a new hair salon of a celebrity hair stylist, who were to receive an equity interest in the salon for their investment. After the stylist pocketed the investors’ money but refused to deliver an equity interest in the hair salon, filed an action for breach of contract and fraudulent inducement, which resulted in return of full amount of investment.

Real Estate Contracts.

 

Successfully represented purchaser in breach of contract action arising out of multimillion dollar contract of sale for residential real estate. Seller sought to terminate contract based on alleged default by purchaser and to confiscate substantial down payment. Immediately filed action, placing lis pendens on the property, and obtained a temporary restraining order preventing seller from distributing down payment. Litigation resulted in settlement which permitted purchaser to acquire the property.

Goods Sold and Delivered.

 

Successfully represented manufacturer of audiotapes in action to collect payment for goods sold and delivered to distributor. Succeeded in obtaining dismissal of defendant’s counterclaims and summary judgment for manufacturer.

Commission Agreement.

 

Successfully represented nationally known temporary and permanent placement agency in numerous suits for commissions arising from the placement of temporary or permanent employees with client companies.

Sale of Business.

Represented purchaser of business in suit against seller after it was discovered the seller had falsified both the income and expenses of the business. Filed an action and obtained a preliminarily injunction preventing seller from filing confessions of judgment against purchaser, which seller had received in connection with the sale. Action resulted in a successful settlement after discovery was commenced.

 

Represented sellers of publishing business in lawsuit against purchaser for failure to pay amounts owed pursuant to an asset acquisition agreement and for improper termination of sellers’ employment agreements with purchaser.

Copyright Infringement
Theft of Trade Secrets

Successfully represented plastics manufacturer against former officer who stole customer lists, pricing information, and trade secrets for use in a competing business he joined. Following discovery, lawsuit resulted in financial settlement for manufacturer.

 

Successfully represented founder of software company in copyright infringement case relating to computer software and against claims for theft of trade secrets and unfair competition after his split from the company.

Contests for Control of Closely Held Corporations ;
Corporate Dissolution

Successfully represented family in battle for control of closely held corporation against son who had fraudulently ousted family from corporation. Restored family to control of corporation within 7 months of my involvement, taking case from 100 page complaint to successful verdict on all claims following 5 week jury trial. (Five different attorneys had attempted to resolve dispute in preceding six years and failed.)

 

Successfully represented 50% shareholder of closely held corporation who had been ousted from effective control of corporation by other shareholder, who took control of building that was corporation’s only asset. Commenced dissolution proceeding pursuant to Business Corporation Law and immediately obtained court order requiring other shareholder to post substantial bond during pendency of action.

Charitable Foundations

Successfully represented minority trustee of a charitable foundation in bitter dispute among trustees of three member board. Litigation resulted in a negotiated resolution with Attorney General and several New York law firms which removed trustee and expanded board to include individuals selected by minority trustee.

Defamation;
Libel and Slander

Successfully represented plaintiff on appeal in libel/defamation case brought against employer; appellate court sustained jury verdict in favor of plaintiff, finding that qualified privilege defense was overcome by showing of actual malice.

Employment Litigation

Successfully represented physical medicine and rehabilitation facility in lawsuit commenced against it by doctor formerly employed by facility for wrongful termination of his employment contract.

 

Represented plaintiff in Title VII sexual discrimination/harassment lawsuit against former employer.

Free Speech and First Amendment

Successfully represented largest landowner in State of California in appeal of multimillion dollar jury verdict finding landowner had interfered with free speech rights under U.S. and California constitutions of a political action committee comprised of family farmers. Wrote successful portion of appellate brief challenging trial court’s rulings on free speech issue. Damages were significantly reduced on appeal.

Rights of Privacy and Publicity

Advised foundation Established by estate of deceased visual artist concerning rights of publicity under New York and California law in connection with claims asserted by estate of celebrity; also represented foundation in breach of contract action brought by licensee.

 

Represented former Radio City Rockette in arbitration proceeding alleging Radio City’s unauthorized use and exploitation of her image for commercial purposes.

Partnership Disputes

Represented owner/manufacturer of a patented engineered flooring against an Australian distributor, who claimed to have purchased a 2/3 interest in the U.S. manufacturer. Successfully defeated several motions for injunctive relief by Australian distributor who sought control of manufacturer, leaving manufacturer in control of the business during the pendency of the litigation. Reached a successful settlement in which U.S. manufacturer maintained 100% ownership and control of the business.

 

Represented investor in a real estate development project against other partners in project and against attorney who acted on behalf of both investor and other partners. Other partners attempted to deny plaintiff’s partnership interest and refused to account to plaintiff for proceeds from the sale or rental of the project’s properties. Lawsuit resulted in stipulation and order acknowledging investor’s partnership interest and directing an immediate accounting.

Trademark Infringement;
Injunction

Represented manufacturer of e-cigarettes in action brought by the City of New York against twenty-plus e-cigarette manufacturers for allegedly selling e-cigarettes to underage minors in New York City, in violation of the Administrative Code. Negotiated a consent order with the City dismissing the action against client.

 

Successfully prosecuted trademark infringement action against certain ousted officers of a non-profit organization who sought to use the organization’s title of “Mrs. Philippines USA” for a competing pageant they were attempting to establish. The firm obtained a preliminary injunction barring defendants from using the client’s title in any manner to advertise, sponsor, or otherwise promote their pageant.

 

Successfully defended producer of television program in injunction action brought by United States Olympic Committee alleging unauthorized use of Olympic symbols. Defeated preliminary injunction, permitting telecast to proceed as scheduled.

Torts; Injurious Falsehood

Successfully represented court reporter sued by owner of a major league baseball team for alleged inaccuracies in transcription of hearings resulting in owner’s suspension from baseball. Wrote briefs resulting in summary judgment for defendant.

Torts; Property Damage

Successfully represented plaintiff in property damage action arising from a fire that caused significant damage to his New York City condominium. Following two week jury trial, jury returned verdict against both defendants for full amount of demand.

Civil RICO

Successfully represented founding partner of an accounting practice, along with his wife, several employees and clients, who were sued by his former partner following his split from the accounting firm. Defendants were charged with violating RICO, breach of contract, breach of fiduciary duty, and common law fraud. Federal Court dismissed the complaint in its entirety against all defendants.

 

Advised client concerning settlement of civil RICO lawsuit commenced by its newly acquired subsidiary prior to acquisition.

Business Advice and Counseling

Served as outside general counsel role to privately held business as it grew from two founders to a forty-plus person firm with eight figure gross revenues. Advised business on all legal matters, including corporate organization, leases, employment, insurance, contract and litigation issues.

 

Principal advisor To internet startup. Advised company concerning all business and legal affairs, including business strategy and development, general corporate matters, trademark, employment and insurance.

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