Securities & Shareholder Litigation

• Represented a public company and its directors and officers in defense of a class action securities fraud suit alleging violations Exchange Act Section 10(b) and SEC Rule 10b-5 in connection with certain COVID-related press releases. Achieved a favorable settlement funded almost entirely with insurance proceeds. (N.D. California)
• Defended a public company and its directors and officers against class action and derivative breach of fiduciary duty claims relating to various executive compensation and financing decisions. Argued and won a motion to dismiss on all claims. (Delaware Court of Chancery)
• Represented a public company and its directors and officers in defense of shareholder derivative claims alleging breach of fiduciary duty. Argued and won multiple demurrers and ultimately achieved a complete dismissal of all claims. (California Superior Court)
• Represented a public-company director and his hedge fund in defense of a shareholder suit alleging breach of fiduciary duty in connection with the sale of the company for an allegedly unfair price. Led a three-day trial that resulted in a judgment in the client’s favor. (Delaware Court of Chancery). Secured another victory in the Delaware Supreme Court, which affirmed the judgment.
• Represented a high-profile activist investor in a litigation arising out of the activist’s proxy contest to replace the target’s entire board of directors. The litigation involved the target’s rejection of a special meeting proposal. (Delaware Court of Chancery)
• Won a decisive defense award in favor of a bulge-bracket investment bank after a three-day FINRA arbitration during which 11 witnesses testified to a three-member panel regarding a disputed bond trade.
• Represented an activist shareholder in defending against a federal suit alleging violations of Sections 14(a) and 13(d) of the Exchange Act and Section 8 of the Clayton Act. Won denial of a preliminary injunction, which sought to prevent the shareholder’s nominees from running for election. (E.D. Pennsylvania)
• Represented multiple funds, investment managers, and offshore fund directors in defending against claims asserted under Section 16(b) of the Exchange Act. (SDNY, EDNY)
• Represented multiple hedge funds in claims arising from the purchase and conversion of warrants and convertible notes. (NY County Commercial Division)

Business Divorces

• Represented the founder of a broker-dealer in a partnership dispute. Achieved a victory in the Appellate Division, which dismissed the partners’ claim to forcibly strip the client of his equity. Obtained advancement, by order of the Delaware Court of Chancery, of 100% of the client’s legal fees, leading to the partners’ voluntary dismissal with prejudice of their remaining claims for fraud and breach of fiduciary duty. (NY County Commercial Division; NY Appellate Division, First Department; Delaware Court of Chancery)
• Represented a real estate developer defrauded out of his one-third ownership interest in a hotel. Obtained a favorable settlement after successfully prosecuting claims for breach of the parties’ operating agreement, fraud, and breach of fiduciary duty, as well as claims against the attorneys who facilitated the fraudulent transaction. (NY County Commercial Division)
• Defended owners and managers of a real estate investment business against breach of fiduciary duty claims brought by a minority partner. (NY County Commercial Division)

Other Complex Commercial Litigation

• Represented an international investment company in prosecuting claims in the Commercial Division of the New York Supreme Court to recover under a multimillion-dollar loan. Led two trials spanning 12 days and argued an appeal before the Appellate Division, leading to the entry of judgments totaling $20 million. (NY County Commercial Division; NY Appellate Division, First Department)
• Represented the largest creditor of a bankruptcy estate. After a three-day trial, successfully obtained a Chapter 11 trustee. (S.D. Florida Bankruptcy)
• Represented an entrepreneur in a case involving claims for breach of contract and unfair competition and counterclaims brought under the Lanham Act. After a three-week federal jury trial, achieved a record-breaking $44 million jury verdict in favor of the client. (U.S. District Court, District of New Mexico)
• Represented a trustee in a high-profile adversary proceeding involving cast members of The Real Housewives of New Jersey. After a lengthy trial, the court found the defendants liable for fraud and breach of fiduciary duty. (SDNY Bankruptcy)
• Represented a large privately held fragrance licensing company against claims pertaining to the status of the client’s license for a well-known fragrance brand. (SDNY)
• Represented a private equity firm in connection with a disputed syndicated loan trade.

Pro Bono Matters

• Achieved a rare reversal in the Appellate Division, First Department of an indigent defendant’s criminal conviction for gun possession, for which he was serving a 20-year-to-life sentence. Continued to defend the client in connection with his appeal to the New York Court of Appeals.
• Assisted a foundation in an effort to raise funds for Ukrainian refugees.
• Obtained a victory on behalf of an animal rights organization in a suit seeking records relating to animal testing.
• Assisted with the formation of and obtaining tax-exempt status for an organization that provides digital literacy training to underprivileged communities in New York.