Litigation

Tenacious Advocacy for Complex Business Matters

The uncertainty of major litigation always has a profound effect on your business. The best way to help you manage these risks is to identify potential triggers and provide sound advice on how to avoid them. When litigation is inevitable, we offer dedicated, tenacious and efficient advocacy.

Who We Are

Tarter Krinsky & Drogin’s Litigation Group consists of a seasoned team of litigators with the requisite experience to counsel clients in highly complex disputes. Our in-depth understanding of business matters and knowledge of multiple industries allows us to formulate cost-effective and efficient paths of success for our clients. 

Our Philosophy

The firm’s litigation, trial and appellate lawyers know from experience that every dispute must be approached with a focus on the courts, arbitrators or mediators who may ultimately determine our clients’ matters. We successfully resolve many disputes prior to litigation or before trial because we know – and our adversaries know – that we can and will take our clients’ cases to the end if need be and that we have a winning track record. Our litigators work closely with our clients to assess the alternatives for resolving their disputes and to craft strategies that will best serve the clients’ ultimate goals. Although our trial lawyers relish victory in court, our focus is on the most cost-conscious and quickest path to the outcome that the client defines as a “win.”

Because we work closely with clients to understand and achieve their goals, we are also particularly well-suited to provide the services required by mid-market companies that do not otherwise have the need or ability to maintain their own in-house litigation staff. We also work regularly with larger companies and in-house counsel when outside litigation assistance is necessary.

In all cases, we understand that the clients’ main concern is conducting their lives and businesses and that resources deployed in litigation are resources not available for those purposes. We staff cases in the most cost-effective manner to provide vigorous, effective representation.

Successful Track Record in the Courtroom

We have built our Litigation Group on the knowledge and experience of litigators trained in the most rigorous environments, including Big Law firms, litigation, trial and appellate law boutiques as well as government service. Our litigators are seasoned in the same state and federal trial, appellate, bankruptcy courts, and arbitration and mediation forums in which we represent clients throughout the United States. We pursue and defend our clients’ interests on a nationwide basis including in:

  • New York State, where our litigators routinely appear and litigate in the Supreme Court – Commercial Division, which handles complicated commercial cases, as well as other New York State trial and appellate courts;
  • The United States District Courts for both the Southern and Eastern Districts of New; York, and the United States Court of Appeals for the Second Circuit; and
  • Courts across the country including the United States Bankruptcy Courts, and the U.S. Patent and Trademark Office and other local, state and federal courts.

Alternative Dispute Resolution

We also consider settlement discussions early on as a viable and speedy resolution and look to mediation and arbitration as alternatives for cost-effective and efficient outcomes. Our attorneys regularly participate in proceedings conducted through JAMS, the AAA, FINRA and other similar organizations.

Areas of Focus

Given the depth and breadth of experience of our litigators, any list of the “kinds” of disputes we handle or the “types” of clients we represent would necessarily be incomplete.  Nonetheless, the Litigation Department frequently handles matters such as:

  • Business contract and/or relationship disputes
  • Business tort litigation, including alleged fraud or breach of fiduciary duty
  • Business dissolutions, breakups and shareholder/partner fights
  • Securities fraud and financial services matters
  • Antitrust litigation
  • Intellectual property disputes (with our Intellectual Property group)
  • Trade secrets and unfair competition matters
  • Licensing claims
  • Defamation and libel claims
  • Labor and Employment disputes (with our Labor & Employment group)
  • Enforcement of restrictive covenants and non-competition agreements
  • Real estate litigation (with our Real Estate group)
  • Commercial landlord-tenant lease disputes
  • Creditors’ rights matters (with our Bankruptcy and Corporate Restructuring Group)
  • Claims under the Racketeer Influenced and Corrupt Organizations Act (RICO)
  • Asset recovery
  • Looted art recovery and other art law matters
  • Dealer, representative, franchisee and distributor terminations
  • Trusts and Estates litigation (with our Trusts and Estates group)
  • White collar and government investigations (with our White Collar group)

In addition, the Litigation Department is the home for the following special Tarter Krinsky & Drogin practice groups:

  • Commercial Landlord-Tenant Lease Disputes
  • Corporate Investigations
  • Product Liability and Mass Torts
  • Securities and Financial Services Litigation

In short, we handle all manners of commercial disputes for clients ranging from large corporations and financial institutions to individuals with substantial disputes requiring sophisticated advocacy. As a full-service mid-market firm, we have the benefit of collaboration with our colleagues in Tarter Krinsky & Drogin’s Bankruptcy and Corporate Restructuring, Intellectual Property, International, Labor & Employment and Real Estate & Construction, White Collar & Government Investigations groups to handle matters arising in those areas.

Name Title Direct Dial Vcard
Baglin, Cathi Counsel Counsel 212.216.8083 VCard
Berkowitz, Mark Partner Partner 212.216.1166 VCard
Bernstein, Debra Bodian Partner Partner 212.216.8027 VCard
Chu, Justin Y.K. General Counsel and Partner General Counsel and Partner 212.216.1160 VCard
Cobb, Christopher Counsel Counsel 212.216.1181 VCard
DeCandia, Melissa Associate Associate 212.216.8004 VCard
Gipson, Lissa C. Partner Partner 212.216.1161 VCard
Grudberg, Michael J. Partner and Co-Chair of White Collar and Regulatory Enforcement Practice Partner and Co-Chair of White Collar and Regulatory Enforcement Practice 212.216.8035 VCard
Heim, Robert G. Partner and Co-Chair of White Collar and Regulatory Enforcement Practice Partner and Co-Chair of White Collar and Regulatory Enforcement Practice 212.216.1131 VCard
Hudak, Sandra A. Counsel Counsel 212.216.1174 VCard
Kilduff, Patrick J. Partner and Chair of Compliance and Administrative Law Practice and Outdoor Advertising Practice Partner and Chair of Compliance and Administrative Law Practice and Outdoor Advertising Practice 212.216.8019 VCard
Krinsky, Andrew N. Partner and Chair of Litigation Practice Partner and Chair of Litigation Practice 212.216.8080 VCard
Lazzaro, Brittany K. Associate Associate 212.216.1130 VCard
Linn, Janet B. Counsel Counsel 212.216.8067 VCard
Lippert, Nels T. Partner and Chair of Intellectual Property Practice Partner and Chair of Intellectual Property Practice 212.216.1157 VCard
Lomuscio, Richard J.L. Partner Partner 212.216.8018 VCard
Miller, Charles M. Partner and Co-Chair of Securities and Financial Services Litigation Group Partner and Co-Chair of Securities and Financial Services Litigation Group 212.216.8085 VCard
Nachimson, Beverly Paralegal Paralegal 212.216.8087 VCard
O'Connor, Elizabeth A. Partner Partner 212.216.1104 VCard
Olivo-Castro, Juan Associate Associate 212.574.0329 VCard
Perrone, Jr., Frank L. Partner and Co-Chair of Matrimonial & Family Law Practice Partner and Co-Chair of Matrimonial & Family Law Practice 212.216.1162 VCard
Polyakov, Steve Partner and Chair of Healthcare and Pharmacy Law Practice Partner and Chair of Healthcare and Pharmacy Law Practice 212.216.1190 VCard
Rosenberg, Mark J. Partner and Chair of Reputation Management Practice Partner and Chair of Reputation Management Practice 212.216.1127 VCard
Rosner, Joel H. Partner Partner 212.216.1187 VCard
Rotberg, Tuvia Partner Partner 212.216.1172 VCard
Schmedlin, William Counsel Counsel 212.216.8072 VCard
Schoenstein, Richard C. Partner, Vice-Chair of Litigation and Co-Chair of Securities and Financial Services Litigation Group Partner, Vice-Chair of Litigation and Co-Chair of Securities and Financial Services Litigation Group 212.216.1120 VCard
Sturm, Chandler Associate Associate 212.216.1128 VCard
Temchin, Jonathan E. Partner Partner 212.216.1139 VCard
Torsiello, Matthew R. Associate Associate 212.216.1156 VCard
Troup, Steven Counsel Counsel 212.216.8020 VCard
Williamson, Richard A. Partner Partner 212.216.8006 VCard
Wolf, Robert A. Partner Partner 212.216.1159 VCard
  • apple seeds LLC

    apple seeds LLC is a growing organization that provides indoor playground facilities, classes, birthday parties and other activities. As an emerging and growing business, apple seeds needed a business-minded legal partner who understood the challenges of being a middle market business. They needed help building the company from the ground floor up, and providing a solid foundation for future growth.  

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    As we start a new year, we would like to share with you some of our most popular legal alerts from 2022. 

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    The legal landscape surrounding non-fungible tokens (NFTs) is still within its infancy stages and is largely an unprecedented field of law.

  • NFTs and Securities Laws: How to Create and Sell Compliant Non-Fungible Tokens
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    NFTs Are Poised to Revolutionize the Creative Industries

  • Our Top 10 Legal Alerts from 2020
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    As we start a new year, we would like to share with you some of our most popular legal alerts from 2020. Our top alerts range from bankruptcy, construction, COVID-19, labor & employment, immigration, trusts & estates, corporate & securities, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been helpful to you and your colleagues, and demonstrate our commitment to providing important information to you.

  • Federal Court Upholds New York City’s Recently Enacted “Guaranty Law” and Related Legislation Concerning Non-Payment of Rent Arising out of COVID-19
    December 3, 2020

    In a highly anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, in Melendez v. The City of New York, dismissed a challenge to the “Guaranty Law” and related legislation that was enacted by the New York City Council in the wake of the COVID-19 pandemic.

  • Second Circuit Enhances Enforcement of Arbitration Subpoenas in Federal Court
    May 8, 2020

    The U.S. Court of Appeals for the Second Circuit (covering New York, Connecticut and Vermont) has issued an opinion that enhances the effectiveness of arbitration as an alternative to litigation. This ruling makes it easier to use the federal courts to enforce subpoenas issued by arbitration panels.

  • New York Replaces its Fraudulent Conveyance Law with the Uniform Voidable Transactions Act
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  • Our Top 10 Legal Alerts from 2019
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  • Investing in Art Backed Loans: Five Considerations
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    Art backed loans are growing in popularity as art collectors seek to unlock the value of their collections. For investors who desire to diversify their debt portfolios into this expanding market but lack the expertise in fine art necessary to evaluate the proposed collateral, certain specialty lenders offer the opportunity to purchase participations in the art backed loans they make to collectors. This article discusses the nature of art backed loans and participations and raises five considerations to be undertaken when evaluating a participation in an art backed loan.

  • Brittany Lazzaro Authors Best Lawyers Business Article on Unlocking the Supply Chain
    October 11, 2019

    Litigation associate Brittany Lazzaro authored an article for Best Lawyers Business, the Global Issue. The article, "Unlocking the Supply Chain,” discusses how new supply-chain transparency rules, regulations, and/or guidelines are forcing companies to take a hard look at forced labor worldwide.

  • How to Win an Insider Trading Case
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  • Commercial Tenancy Contract Disputes: The New York Court of Appeals Curtails the Ability of Commercial Tenants to Seek a Yellowstone Injunction
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  • Richard Schoenstein Authors New York Law Journal Article on the Workforce Mobility Act: The Wrong Solution For Non-Compete Litigation
    July 16, 2018

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  • Laurent Drogin, David Kleinmann and Rich Schoenstein Author Article on the Enforcement of New York Non-Compete Agreements
    May 1, 2018

    Non-compete agreements generally are disfavored in New York, but courts will enforce them if they are reasonable in time, geographic scope and are intended to protect a company's "legitimate protectable interest(s)" as opposed to being simply anti-competitive. One question that has never been clearly answered is whether an employer's termination of an employee "without cause" will render a non-compete agreement unenforceable. In this article, Labor & Employment Chair Laurent Drogin and partner David Kleinmann, who are the co-chairs of the firm’s Restrictive Covenant practice, and Litigation partner Rich Schoenstein explore a significant decision handed down by the appellate court covering Manhattan and the Bronx impacting the enforcement of restrictive covenants.

  • Laurent Drogin Publishes Article for the Association of Corporate Counsel (ACC) on Developments in the Settlement of Wage & Hour Litigation
    October 17, 2017

    Labor & Employment Chair Laurent Drogin published an article for the Association of Corporate Counsel’s (ACC) New York City fall newsletter titled, “Unsettling Developments in the Settlement of Wage & Hour Litigations.” In the article, Laurent notes that in recent years, corporate counsel have been dealing with a massive increase in wage and hour issues, often in the form of a lawsuit, a Department of Labor investigation or an in-house compliance audit. He notes that the vast majority of lawsuits settle before trial, and from a company’s perspective, early resolution limits legal expenses, business distraction and, of course, liability. 

  • E-mail Account Compromise and Wire Fraud
    October 16, 2015

    E-mail Account Compromise (EAC) is a sophisticated scam that targets individuals.

  • New Mandatory Cooling Tower Registration Adopted By NYC For Building Owners
    August 25, 2015

    In the wake of the recent Legionnaires' disease outbreak in the Bronx, the City of New York has adopted amendments to the Administrative Code requiring the registration of all cooling towers with the Department of Buildings (DOB).

  • Employee Social Media Accounts: Do's and Dont's for Employers
    June 16, 2014

    For members of the American workforce, the use of social media accounts such as Facebook, LinkedIn and Twitter is no longer a new phenomenon – it’s simply a way of life.  Sometimes information posted on these sites is publicly available.  But access to social media accounts can also be restricted – most often through the use of usernames and passwords.

  • Employee Social Media Accounts: Do's and Dont's for Employers
    June 16, 2014

    For members of the American workforce, the use of social media accounts such as Facebook, LinkedIn and Twitter is no longer a new phenomenon – it’s simply a way of life.  Sometimes information posted on these sites is publicly available.  But access to social media accounts can also be restricted – most often through the use of usernames and passwords.

  • The NJSA: SPAM: What you need to know before you press ‘Send’
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    Fax and email broadcasts can be an easy way to reach large numbers of potential customers and candidates with minimal financial investment. Such transmissions, however, are governed by a variety of laws and are regulated and enforced by the Federal Communications Commission and the Federal Trade Commission. Accordingly, you need to be aware of and comply with a variety of rules before you hit the send button.

  • Being First is Not Enough: Courts Reject Recruiters’ Fee Claims
    September 1, 2008

    In Mark Bruce International, Inc. v. Blank Rome, LLP, it was undisputed that in October 2005 Mark Bruce first proposed a merger between Blank Rome and Healy & Baillie, a 28-lawyer firm specializing in maritime law. 

  • In Some Cases, The Real Battle is Enforcing, Rather than Obtaining, the Judgment
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    You’ve won a quick and relatively inexpensive victory and obtained a money judgment against the defendant as a result of a default or an early dispositive motion. Often in this context, the chief battle is just beginning, especially if the judgment debtor is a small company or an individual.

  • E-Discovery: Plan Now to Prevent Problems Later
    December 1, 2007

    New federal rules regarding electronic discovery are changing the way we all think about preserving documents when the possibility of litigation arises – or at least they should be. While there has always been an obligation to search electronic systems for documents and data responsive to discovery requests, the new rules strengthen and clarify that obligation.

  • Robert Heim Authors Legal and Business Guide for New Media Companies
    January 1, 2002

    Litigation and Corporate & Securities partner Robert G. Heim authored Going Public in Good Times and Bad: A Legal and Business Guide for New Media Companies, a handbook which details each critical step of the IPO process for corporate officers and attorneys. Robert highlights private placements, marketing and business plans for growing companies. The guide also provides insight to help companies going public in varying economic climates.


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