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Experience
Shareholder Class and Derivative Actions, and Direct Actions Involving Securities Claims, Breach of Fiduciary Duty, Governance Disputes and M&A Transactions
USG Companies, Inc. v. Advantage Sales & Marketing LLC *
Prevailed for buyer on the merits in arbitration, and on claim preclusion grounds in parallel litigation, in dispute over amount due as “earn-out” payment after acquisition of a business. 2018 WL 311 (U.S.D.C.-D. Del. 2018).
Gaskins v. Nahmad*
Won dismissal of complaint and secured dismissal of appeal in shareholder derivative and putative class action against public company directors alleging breach of fiduciary duties in adoption and implementation of executive compensation program. 2017 WL 14377583, affirming and adopting 2017 WL 1335166 (U.S.D.C.-S.D. Fla. 2017), appeal dismissed, 2017 WL 3202773 (11th Cir. 2017).
Woebel v. INTL FCStone, Inc.*
Won dismissal of putative shareholder class action alleging securities fraud claims under Rule 10b-5 and parallel law relating to an accounting restatement. 2015 WL 3549219 (U.S.D.C.-S.D.N.Y. 2015).
Brent v. Presidential Life Corp.*
Successfully advocated for denial of a preliminary injunction to enjoin a merger of public companies, and then secured voluntary dismissal putative shareholder class action alleging breach of securities laws and directors’ fiduciary duties. 12-cv-07894-JMF (U.S.D.C.-S.D.N.Y. Jan. 16, 2013).
Kahn v. Kurz*
Secured dismissal of shareholder derivative action relating to a proxy contest. C.A. No. 5175-CC (Del. Ch. Oct 4, 2010).
Financial Services and Lender Liability, Contract Disputes, and Business and Higher Education Torts
Zonshayn v. Sackler School of Medicine and Tel Aviv University
Won dismissal of claims brought under Title IX and state law by student challenging university authorities’ investigation of, and disciplinary proceedings brought against the student upon complaints from other students about alleged sexual harassment and unprofessional conduct. 2023 WL 24379 (U.S.D.C.-S.D.N.Y. 2023).
Breach of Contract Dispute Settled at Arbitration*
Recovered, through settlement of an arbitration, payment of 100% of liquidated damages and interest due for breach of a multiyear transportation contract, overcoming a defense of purported force majeure based on a regulatory change (2018).
Saab Automotive AB v. General Motors Company*
Won dismissal of $3 billion claim for tortious interference with economic expectancy. No. 12-cv-13432 (U.S.D.C.-E.D. Mich. 2013), aff’d, 770 F.3d 436 (6th Cir. 2014).
LaSalle Bank National Ass’n v. Nomura Asset Capital Corporation*
Represented special servicer and trustee, and at commencement of jury selection secured settlement providing full payment for all principal and interest due, and substantial fees, on defaulted $50 million loan sold to CMBS pool. 00 Civ. 8720 (NRB) (U.S.D.C.-S.D.N.Y. 2006).
Asset Securitization Corp. v. ORIX Capital Markets, LLC*
Won dismissal by trial court and affirmance on appeal of claims against CMBS special servicer for alleged breach of contract and fiduciary duties. 12 A.D.3d 215, 784 N.Y.S.2d 513 (1st Dep’t 2004), leave to appeal denied, 4 N.Y.3d 704, 825 N.E.2d 102, 792 N.Y.S.2d 897 (2005).
The R.E. Hable Co. v. ORIX Credit Alliance, Inc.*
Won dismissal and affirmance on appeal on lender liability, purported fraud and other tort claims alleged in putative class action. 256 A.D.2d 114, 682 N.Y.S.2d 160 (1st Dep’t 1998).
Consumer, Product Liability and Antitrust Class Actions and Attorney General Proceedings
Reed Elsevier Inc. v. Crockett*
Obtained a declaratory judgment holding that an arbitration claimant was barred from pursuing claims in arbitration on behalf of a purported class. 2012 U.S. Dist. LEXIS 23947 (S.D. Ohio 2012), aff’d, 73 F.3d 594 (6th Cir. 2013), cert. denied, 134 S. Ct. 2291 (2014).
Book House of Stuyvesant Plaza, Inc. v. Amazon, Inc.*
Won dismissal of putative class action alleging unlawful restraint of trade and monopolization relating to e-books. 985 F.Supp.2d 612 (S.D.N.Y. 2013).
Beaird v. NRT Texas, Inc. d/b/a Coldwell Banker Residential Brokerage Co.*
Defeated motion for class certification and then secured voluntary dismissal of action alleging claims by independent contractor-broker alleging that charges for certain expenses violated deceptive practices/unfair trade statutes. Civil Case No. 06-5794 (FSH) (U.S.D.C.-D.N.J. Jan. 16, 2009).
Peter C. Harvey, Attorney General v. Nissan North America, Inc.*
Prevailed at trial defending claims brought by the N.J. Attorney General under that state’s Consumer Fraud Act., 2005 WL 125241 (partial summary judgment) and transcript decision dated May 25, 2005 (directing judgment after trial for defendant on remaining claims).
Impact Appellate Litigation
Reed Elsevier Inc. v. Crockett*
Earned affirmance on appeal and denial of certiorari in a lead case applying then-recent U.S. Supreme Court decisions on limitations of courts’ and arbitral tribunals’ authority to compel class-based arbitration. 273 F.3d 594 (6th Cir. 2013), cert. denied, 134 S. Ct. 2291 (2014).
Graham v. Dunkley*
Obtained first appellate ruling in the nation upholding the constitutionality of the federal tort-reform statute (the “Graves Amendment”) that pre-empts state laws imposing vicarious liability on owners of leased or rented automobiles. 50 A.D.3d 55, 852 N.Y.S.2d 169 (2d Dep’t), appeal dismissed, 10 N.Y.3d 835 (2008).
Keller v. ORIX Credit Alliance, Inc*
Earned reversal by en banc court of a panel decision that had vacated the grant of summary judgment dismissing employment discrimination claims notwithstanding alleged “direct evidence” of discriminatory animus. 130 F.3d 1101 (3d Cir. 1997) (en banc) (Alito, J.)
Misappropriation of Trade Secrets and Confidential Information
Parity Energy, Inc. v. Tiger LLC*
Defeated motion for TRO and preliminary injunction to bar use and compel escrow of software developed by client. Index No. 651879/2016 (N.Y. Sup. Ct., N.Y. County April 2016).
Purdue Pharma L.P. v. Wollocko*
Secured preliminary and permanent injunction in favor of client, and award of damages after trial, against disloyal former employee. Index. No. 03-07733 (N.Y. Sup. Ct., Westchester County June 2009).
*Prior Experience
