Litigation

No one wants to be in litigation, but sometimes it’s forced upon you or it’s necessary to be aggressive to protect your rights. My background is in general commercial litigation, often in the New York courts sitting across from some of the largest law firms in the world. I’ve touched virtually every type of commercial dispute at some point in my career — contracts, distressed debt, real estate development, securities, intellectual property, antitrust, fraud, employment discrimination, among others. My cases have involved clients all over North America — New York, New Jersey, DC, Ohio, Michigan, North Dakota, Canada, Delaware, and California. I’ve also litigated cases ranging from 8-figures down to pro bono matters for a cause.

A business litigation is a serious challenge when it’s your revenue and your profits and your reputation on the line. I’ll take that challenge as seriously as you would, so that you can focus on running your enterprise instead of the managing your case.

Representative Matters

Represented a securities exchange seeking recovery for breach of a software development contract against the company engaged to develop the exchange’s options trading system in an international arbitration brought pursuant to the UNCITRAL arbitration rules.
Represented an options exchange against a broker-dealer in connection with a breach of contract action relating to the broker-dealer’s receipt of various market data in an arbitration brought pursuant to the AAA Commercial Arbitration Rules.
Represented an aircraft finance corporation against the provider of its warehouse credit facility in a breach of contract action following the warehouse facility provider’s invocation of force majeure, and subsequent refusal to provide requested funding in Delaware Chancery Court.
Represented a Canadian financial advisory firm seeking payment pursuant to a finder’s agreement with respect to the construction of a canola processing plant in the Southern District of New York.
Represented the indenture trustee for the holders of $250 million principal debentures in the bankruptcy of a multinational petrochemical company, and intervened in an adversary proceeding in the Southern District of New York Bankruptcy Court brought by the committee of unsecured creditors against the holders of a senior credit facility put in place shortly before the debtor declared bankruptcy. On the grounds that this senior debt constituted fraudulent transfers under the Bankruptcy Code and state law, sought equitable subordination and avoidance of the senior debt.
Represented a former officer of a commodities broker-dealer in defense of various allegations of violations of the Securities Act and the Securities Exchange Act in relation to issuances of stock and Rule 144A bonds occurring in the years leading up to the discovery of accounting fraud at the broker-dealer. Matters involved securities fraud, claims on E&O insurance policies, and fraudulent conveyance and preference actions in the Southern District of New York and in Bankruptcy Court.
Represented an international shipping company and its private equity sponsor, who were seeking to liquidate foreign container ships, in defense against an order of attachment sought by a creditor and minority equity holder in New York Supreme Court.