Recent Cases and Arbitrations

Arbitrations

Gilchrist v. Barclays Capital – FINRA – 2014-1025 – Represented Broker in FINRA Arbitration seeking unpaid bonuses and deferred compensation.  Affiliated with Kraus & Zuchlewski.

Feirman v. Bass Investment Corp.  – AAA – 2014 –  Real Estate Analyst seeking overtime under the Fair Labor Standards Act.  Affiliated with Kraus & Zuchlewski.

Broker v. Deutsche Bank – FINRA  – 2014 – Firm Represents broker fired for reporting squawk box violation internally brought retaliation claim.

Vukcevich v. Livestream  – Represented producer in claim for unpaid salary and bonus and to obtain release from none compete.

Lawsuits

Madison v. Priority One Set Inc. – New York County Supreme Court, 2015-present, represent defendants/counterclaim plaintiff in breach of contract and fiduciary duty claims.

8430985 Canada Inc. v. Horizon a Ridge Hill LLC – Westchester Supreme Court, 2014 – present, represent Canadian lender in two actions for summary judgment under two promissory notes.  Affiliated with The Ryan Law Group.

8430985 Canada Inc. v. United Realty Advisors LP – New York County Supreme Court – Represent lender in action for summary judgment under promissory note and personal guaranties.  Affiliated with The Ryan Law Group.

Brunner Lax, New York County Supreme Court, 2014 – present,  represent certain defendants in action under note and guarantee.  Affiliated with The Ryan Law Group.

Nathan v. TAA, New York County Supreme Court – 2014 present –Represent defendants in claims arising out of wind down of appeal venture.  Affiliated with Kraus & Zuchlewski.

Krekel v. Krekel,   New York County Supreme Court – 2014, Enforced subpoena on Clive Davis. Affiliated with Kraus & Zuchlewski.

Tichauer v. Comhear Inc,.  New York Supreme Court, 2014 – Represented executive in claim for unpaid severance.   Affiliated with Kraus & Zuchlewski.

Kentrel Inc. v. DEP – Represented contractor in breach of contract claim against DEP arising out of installation of water meters.

Federal Courts

Leser v. U. S. Bank, N.A., E.D.N.Y., Second Circuit, 2013.  Represented real estate investor’s spouse in $50 million fraudulent conveyance action.   Deposed and defended experts on solvency and fair value during expedited discovery.  Prosecuted appeal to Second Circuit of order appointing receiver.  Opposing Firm:  Katten Muchin Rosenman  (New York).

Silverman v. Actrade Financial Tech., Inc., S.D.N.Y. Bankruptcy, 2006-2013.  Successfully defended financial services company in $56 million fraudulent conveyance action.  Conducted depositions and extensive motion practice.  Case settled for $2.145 million.  Opposing Firm: Silverman Acampora (Jericho, N.Y.).

Actrade Liquidation Trust v. Greenwich Insurance Company, S.D.N.Y. Bankruptcy, 2009-2013.  Prepared claims and initiated suit against surety on payment bonds.  Conducted extensive discovery and motion practice.  Victorious in bench trial to dismiss primary defense.  Forced sureties to contribute toward settlement of fraudulent conveyance action against client Actrade (see above).  Opposing Firm: Wolf  & Samson (New Jersey).

Hamilton Art Ltd. v. David Benrimon Fine Art LLC, S.D.N.Y., 2011-2012.  Filed complaint for fraud in purchase of sculpture Sonno Grande.  Action settled on favorable terms. Opposing Firm: Herrick Feinstein.

Sierra National Insurance Company v. Credit Lyonnais S.A., (C.D. Cal.); Garamendi v. Altus Finance, S.A., (C.D. Cal.), Ninth Circuit, 2010-2011.  Represented individual defendant in bid to prevent enforcement in France of two $10 million judgments years after defendant’s default in U.S. District Court.  Prosecuted appeal to Ninth Circuit.  Opposing Firm: Bingham McCutchen (San Francisco).

Minatec S.A.R.L. v. SI Group, Inc., N.D.N.Y., 2008-2009.  Successfully obtained extensive discovery for French client from American Company under 28 U.S.C.A. section 1782 for use in court proceedings in Europe.  Opposing firm: Milbank Tweed (New York)

Occidental Hotels Management S.A. v. Westbook  Allegro LLC,  S.D.N.Y., 2006-2009.  Represented Spanish hotel chain in action for breach of warranties in merger agreement arising out of client’s purchase of luxury hotel chain.  Prepared motion for summary judgment for plaintiff and opposed defendants’ motions.  Successfully refiled in New York Commercial Division (see below).  Opposing Firm: Jones Day (New York)

State Courts

Hamilton Yachts v. International Paint LLC, Union Country, N.J., 2011-2014.  Represented vessel owner in breach of warranty, fraud, and product liability claims for $75+ million.  Conducting extensive discovery and motion practice against extremely determined defendants.  Opposing Firms: Shook, Hardy & Bacon (St. Louis), Gibbons (Newark).

Perolux S.a.r.l. v. Tailwood Industries, S.A., New York County Commercial Division, 2010-2014.  Represented foreign Special Purpose Entity in $3.25 million fraud claim against foreign broker.  Opposing Firm:  Callan Koster Brady & Brennan

Carillo v. The Vanguard Group, Inc., Queens County Commercial Division, 2011-2012.  Represented Vanguard in claim by plaintiff that Vanguard failed to prevent spouse from withdrawing funds from joint account.  Successfully moved to dismiss action with prejudice.

Occidental Hotels Management S.A. v. Westbrook Allegro LLC, New York County Commercial Division, 2009-2010.  Represented Spanish hotel chain in breach of warranty action under merger agreement.  Successfully refilled and prosecuted action in state court.  Action was settled favorably for client.

The Sam Moskowitz Irrevocable Insurance Trust v. Yale Fischman, New York County Commercial Division, American Arbitration Association, 2008-2009.  Represented insurance trust against purchaser of insurance policy.  Successfully moved to compel arbitration and then forced settlement in proceedings before AAA.

Layt v. Messier, New York County Commercial Division, 2007.  Represented aggrieved French minority shareholder of U.S. LLC against French managing member.  Obtained interim relief and forced defendant to purchase client’s interest.

International Arbitrations

Trademark Dispute Between American and French Intimate Apparel Companies,London Court of International Arbitration, 2008-2011.  Successfully defended French licensee with $300 million in sales of branded intimate apparel against attempt by American licensor to terminate royalty free license.

European Jet Owner v. American Interior Outfitter, International Centre for Dispute Resolution, 2010-2011.  Successfully represented owner of Airbus private business jet in $10 million claim for damage to jet by Texas interior outfitter.