ContractBreach of Contract
- 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 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.
CopyrightCopyright Infringement; Theft of Trade Secrets
- 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.
DissolutionContests 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.
- 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.
DefamationDefamation; 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.
- 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.
AmendmentFree 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.
RightsRights 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.
- 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.
InjunctionTrademark Infringement; Injunction
- 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.
TortsTorts; 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.
TortsTorts; 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.
- 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.
BusinessBusiness Advice and Counseling
- 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.
DecisionsSignificant Reported Decisions
- University Sports Publications Co. v. Rizzo, 2006 N.Y. Misc. LEXIS (Nassau County Sup. Ct., November 21, 2006)
- Filipino Social Club of New York v. Amado R. Sy et al., Supreme Court, New York County, Index No. 602678/04 (November 12, 2004)
- 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)
- George Neilson v. Anthony Delgado, 292 A.D.2d 200, 738 N.Y.S.2d 216 (1st Dep’t 2002)
- In re 212 East 52nd Street Corp., 185 Misc.2d 95, 712 N.Y.S.2d 777 (N.Y. Sup. Ct. 2000)