Foreign Banking / Jurisdictional Litigation
- Challenged U.S. jurisdiction over foreign financial institution in the U.S. Supreme Court, U.S. Court of Appeals, and U.S. District Court. Cases remain pending.
- Succeeded in dismissing case for lack of personal jurisdiction in case involving a foreign financial institution accused of financing tortious acts in the U.S.
- Obtained dismissal of $500 million claim against Swiss bank based on alleged aiding and abetting of securities fraud.
Consumer Fraud Litigation / Investigations
- Obtained dismissal of putative class action claims of consumer fraud arising out of client’s mortgage lending practices.
- Successfully defended and settled consumer fraud action against real estate agent and developer arising out of sale of real property.
- Negotiated, mediated and settled a nationwide consumer fraud class action in connection with the sale of certain magnet toys.
- Represented client in consumer fraud investigation by the District of Columbia’s Office of Attorney General.
- Engaged in review and analysis of mortgage servicer’s foreclosure practices pursuant to a consent order issued by the Office of the Comptroller of the Currency.
- Obtained dismissal of action alleging constitutional due process violations, common law fraud, unjust enrichment and conversion claims
Mass Tort / Disaster Recovery Litigation
- Defended the City of New York and over 150 contractors against thousands of personal injury lawsuits in connection with the rescue, recovery and debris removal efforts following the September 11 terrorist attacks.
- Successfully represented homeowners’ association in insurance recovery claims arising from natural disaster.
- Successful result in 5-week jury trial over traumatic brain injury claims, including obtaining a post-trial remittitur of more than 80% of the jury’s verdict.
- Successfully defended and favorably resolved design and manufacturing defect claims pertaining to food thickening agent.
- Primary counsel for a major food processing and packaging company in connection with various product liability actions brought in multiple jurisdictions pertaining to food thickening agent.
Business Disputes / Commercial Litigation
- Obtained a unanimous jury verdict on behalf of a supply and import company in a breach of contract action; jury awarded compensatory damages and attorney’s fees.
- Obtained preliminary injunctive relief following expedited discovery restraining defendants from exploiting wrongfully diverted supplier contacts, which effectively prohibited any further unfair competition.
- Represented an individual shareholder in litigation against a majority shareholder and a company for breach of contract, breach of fiduciary duty and other violations of state law. After obtaining an injunction and minimal discovery, the case settled in a manner the client found favorable in less than two months.
- Obtained dismissal of claims against foreign corporation based upon binding arbitration agreement.
- Successfully represented numerous clients in pre-litigation and litigation involving interpretation of several types of contracts, including: supply-chain agreements; real estate contracts; real estate commission contracts; deeds of trust; promissory notes; guarantees; shareholder agreements; construction contracts; and government contracts.
- Obtained dismissal of false advertising, trade libel, defamation, and conspiracy claims in excess of $40 million.
- Successfully defended client against veil-piercing claims and claims that it was the alter ego of an affiliated company.
- Successfully represented unsecured creditor in Chapter 11 bankruptcy proceeding alleging that the chief executive officer and sole shareholder of the debtor misappropriated company funds and breached his fiduciary duties to all creditors.
- Represented a creditor in its appeal of the bankruptcy court’s conclusion that a state court default judgment for fraud was dischargeable in federal bankruptcy proceedings. We prevailed on appeal, convincing the district court to reverse the bankruptcy court’s judgment and render judgment in the client’s favor.
- Representing a retail energy marketer in an action seeking injunctive and declaratory relief in connection with the state public utilities commission’s attempt to retroactively apply a licensing rule, in violation of a prohibition on retroactive lawmaking. After a lengthy hearing and briefing, the case settled favorably for the client.
- Represented a real estate marketing firm in a breach of contract and fraud case against a developer. The case settled in a manner the client found favorable immediately after the court denied the defendants’ motion to dismiss.
- Represented a bank in a breach of contract claim against the U.S. government. After several appeals and two trials, the Federal Circuit affirmed an award in favor of the client in the amount of approximately $97 million.
- Obtained ruling that the trademarks “We Buy Houses” and “Webuyhouses.com” are generic and should be canceled.
- Successfully defended and favorably settled trademark infringement litigation over use of the phrase “My Girl Friday.”