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Representative
Matters |
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Breach
of Contract. |
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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. |
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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. |
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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. |
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Sale
of Business. 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. |
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Copyright
Infringement; Theft of Trade Secrets.
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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. |
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Contests
for Control of Closely Held Corporations; Corporate Dissolution. |
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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.) |
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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. |
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Charitable
Foundations. |
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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. |
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Defamation;
Libel and Slander.
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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. |
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Employment
Litigation. |
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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. |
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Represented
plaintiff in Title VII sexual discrimination/harassment lawsuit against
former employer. |
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Free
Speech and First Amendment. |
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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. |
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Rights
of Privacy and Publicity. |
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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. |
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Represented
former Radio City Rockette in arbitration proceeding alleging Radio City's
unauthorized use and exploitation of her image for commercial purposes. |
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Partnership
Disputes. |
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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. |
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Trademark
Infringement; Injunction. |
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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. |
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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. |
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Torts;
Injurious Falsehood. |
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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. |
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Torts;
Property Damage. |
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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. |
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Civil
RICO. |
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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. |
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Advised
client concerning settlement of civil RICO lawsuit commenced by its newly
acquired subsidiary prior to acquisition. |
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Business
Advice and Counseling. |
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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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Recent
Significant Reported Decisions: |
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University Sports
Publications Co. v. Rizzo, 2006 N.Y. Misc. LEXIS (Nassau County Sup. Ct., November 21, 2006) |
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Filipino Social Club
of New York v. Amado R. Sy et al., Supreme Court, New York County, Index No. 602678/04 (November 12, 2004) |
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Jerome
M. Sobel & Co. v. Fleck, 2003 WL 22839799 (S.D.N.Y. December 1, 2003), magistrate's report adopted, 2004 WL 48877
(S.D.N.Y. January 8, 2004) (firm succeeded in getting complaint dismissed against all defendants) |
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George
Neilson v. Anthony Delgado, 292 A.D.2d 200, 738 N.Y.S.2d 216 (1st Dep't
2002) |
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In
re 212 East 52nd Street Corp., 185 Misc.2d 95, 712 N.Y.S.2d 777 (N.Y.
Sup. Ct. 2000) |
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