Overview

Connie, a partner in the Business Litigation practice group, has nearly 30 years of complex commercial litigation and arbitration experience encompassing a wide range of matters including financing disputes, securities and common law fraud claims, and disputes involving mortgage-backed securities, derivatives, swaps, and forward contracts. Connie’s practice is focused on representing insurance companies, financial institutions, and broker/dealers, but she also has experience advising on commercial real estate disputes and claims arising out of the development, financing, and operation of power generation facilities.

Experience

Representative examples of Connie’s experience include:

  • Representing a corporate trustee in a breach of representation and warranty case against the originator of 30,000 residential mortgage loans that were sold and later securitized.
  • Securing summary judgment in favor of an affiliate of an investment bank in a breach of contract and conversion case arising out of transactions relating to the securitization of commercial mortgage loans. The order in favor of Connie’s client was affirmed on appeal.
  • Securing an order of dismissal in favor of an insurance company and its general agent in a fraud, breach of fiduciary duty, and negligence case.
  • Securing summary judgment in favor of a business owner against alleged former partners in a case involving breach of contract and breach of fiduciary duty claims.
  • Defending an insurance company, its agent, and broker/dealer in a case involving breach of fiduciary duty, negligent supervision, and business tort claims.
  • Securing an arbitration award in excess of $45 million in a dispute involving claims of breach of contract and breach of fiduciary duty arising out of the development of an electrical power generation facility.
  • Defending a corporate trustee in an adversary proceeding brought by debtors in bankruptcy court involving discharge, estimation, and declaratory judgment claims.
  • Defending an insurance company against breach of fiduciary duty, fraud, and negligent supervision claims.
  • Defending an insurance company and its general agent in a selling away case involving fraud, breach of fiduciary duty, and negligent supervision claims.
  • Defending a former officer against breach of fiduciary duty claims.
  • Defending a subsidiary of an investment bank in a breach of contract, breach of fiduciary duty, and fraud case.
  • Representing the indirect owners of various power generation facilities in contract disputes.
  • Representing an independent power producer in an adversary proceeding in bankruptcy court in a dispute arising under a 10-year gas supply contract.
  • Defending an investment bank and its CEO in dozens of arbitrations in locations across the country, securing favorable settlements in each dispute.
  • Securing a judgment in excess of $22 million on counterclaims for a subsidiary of a financial institution in a dispute arising out of a purchase and sale agreement.
  • Defending a financial institution in an action involving breach of contract and business tort claims arising out of a real estate dispute.
  • Representing a developer in various real estate disputes.
  • Defending customers of a global technology company and mobile service provider in a series of patent infringement cases, securing favorable settlements in each case.
  • Securing a favorable settlement in an action involving breach of contract and business tort claims relating to the operations of a medical center.
  • Handling various litigation matters on behalf of foreign banks, including actions involving lender liability claims, breach of contract claims, and disputes arising from complex letter of credit transactions.
Publications
  • “When the Only Defense Is No Offense: Massachusetts High Court Holds an Insurer’s Duty to Defend Does Not Include Prosecuting Counterclaims,” Thompson Hine Business Litigation Update, July 2017
  • “Proposal Would Tie Scope of Discovery to Amount in Controversy,” New York Law Journal, 2013
  • Co-author and editor, “Best Practices in E-Discovery in New York State and Federal Courts,” Report of the E-Discovery Committee of the Commercial and Federal Litigation Section of the New York State Bar Association, December 2011; Version 2.0 of “Best Practices,” April 2013
  • Co-author, “NYSBA Commercial and Federal Litigation Section Report on the Proposed Amendments to the Federal Rules of Civil Procedure and Appendix of Forms,” October 2013
  • Co-author, “Report on Proposed Federal Rule of Evidence 502,” NY Litigator, 2007
  • “Practice Insights,” UCC § 2718, NY Cons. Law Sev., 2005
  • “Holding Customers Liable for Their Suppliers’ Fraud: Should Customers Be Left Holding the Bag?” INSIGHTS, 2004
Presentations
  • Program Co-Chair and Moderator, “New Horizons in eDiscovery: How New Rules, Cyber-Security and Specialized eDiscovery Counsel Are Shaping the Future of eDiscovery,” 2014, with Hon. Shira Scheindlin and Hon. James C. Francis, IV of SDNY
  • “Basics of E-Discovery,” CLE sponsored by the NYSBA, June 2013 and March 2014
  • “Recent Developments in E-Discovery,” CLE Presentation, May 2013
  • “Reasonable, Ethical and Defensible E-Discovery,” Moderator of Panel Discussion, April 2013
  • Recent Developments in E-Discovery,” CLE sponsored by the NYSBA, July 2012
Professional and Civic

Professional Associations

  • American Bar Association, Litigation Section
  • Federal Bar Council
  • New York State Bar Association, Commercial and Federal Litigation Section; Co-Chair, E-Discovery Committee, 2006 - 2015

Community Activities

  • Albany Law School, former member of Board of Trustees
  • GLSEN, Inc., former member of Board of Directors
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