Commercial Contract Disputes & Business Litigation

• Obtained summary judgment on liability in federal court in the District of New Jersey in favor of commercial parts manufacturer on its counterclaim for breach of an exclusive supplier’s requirements contract consumer product supplier and to dismiss original breach of contract claim brought against client.
• Advised a foreign bank on multinational subpoena enforcement matters.
• Represented a nonprofit biomedical research company suing a patent licensee for breach of contract and defended against counterclaims for fraudulent inducement in clinical research licensing agreement disputes.
• Won pre-answer dismissal for lack of personal jurisdiction and forum non convenience on behalf of private company and individual director defendant clients in a cross-border breach of contract dispute involving sports monitoring intellectual property technologies.
• Obtained a federal jury verdict and prevailed in appeal before Second Circuit Court of Appeals re-instating jury’s additional award of attorneys’ fees on behalf of a Manhattan-based supply and import company following breach of contract trial.
• Represented a leading global distributor of network and security solutions in defeating breach of contract, misappropriation and alleged misuse of trade secrets action brought on by competitor’s motion for a temporary restraining order and preliminary injunction.
• Multiple successful engagements defending a national bank from claims alleging Truth in Lending Act (TILA) violations and alleged breaches of state consumer protection laws.
• Represented a publicly traded technology services company in myriad business disputes with vendors and commercial counterparties, successfully resolving offensive and defensive contract and tort claims regarding disputed invoice obligations, improper employee poaching and customer solicitation, scope of work issues and post-project closeout negotiations.

 Securities and Shareholder Litigation and Arbitration Practice

• Represented individual public company Board member in connection with simultaneous derivative shareholder and securities class actions involving allegations of breach of fiduciary duty and disclosure violations stemming from life science technologies company’s alleged violations of foreign law.
• Advised public biotech company on corporate governance issues and conducted investigation for special investigation committee involving potential transactions with affiliates.
• Negotiated favorable stipulation of settlement with New York Department of Financial Services on behalf of licensed agent for alleged violations of insurance laws.
• Defended individual client in parallel civil and criminal securities fraud actions brought by SEC and Manhattan District Attorneys’ Office.
• Obtained in summary judgment and preserved on appeal dismissal of federal tort action brought by clearing firm against other national securities clearing firms alleging conversion and unjust enrichment for defendants’ custodial clearing of stock dividend proceeds to end retail customers that were byproduct of securities fraud.
• Represented a client in shareholder proxy contest and offensive books and records demand litigation involving mutual fund advisory services and 1940 Act issues.
• Aided multiple biopharma companies with responses to FINRA and SEC regulatory inquiries regarding outside sales of company stock and internal governance practices.
• Obtained pre-discovery dismissal of putative shareholder class action alleging naked short selling and securities fraud violations against securities clearing firm in multi-year litigation within the New Jersey state and federal court systems.
• Successfully tried several FINRA customer and industry arbitration claims and expungement proceedings on behalf of several securities broker-dealers, underwriters and associated persons involving claims of unsuitable securities sales, lack of supervision and violations of MSRB municipal bond rules.
• Represented a publicly traded life science company, its directors and officers in responding to books and records demands and in defending against multi-district shareholder litigations and securities class actions involving allegations of breach of fiduciary duties and violations of federal securities laws

 Business Counseling and Corporate Governance

• Counseled small and mid-sized clients with Paycheck Protection Program (PPP) loan expertise for borrowers spanning several industries and involving various corporate structures.
• Advised a healthcare software company with key contract advice and on regulatory compliance with federal anti-kickback, privacy and telecommunications statutory regimes.
• Conducted an internal investigation into claims of gender-based misconduct and discrimination by employees of multinational financial services firm.
• Advised an automotive manufacturing giant’s appointed independent expert panel who were reviewing, analyzing and reporting on the company’s quality and safety practices.