General Commercial Litigation

• Representing a software developer against a major insurance company in federal court matter asserting breach of contract and other claims, defeating the defendant’s motion for summary judgment, and readying the case for trial.
• Defending the seller of a destination resort in state court dispute arising from a purchase and sale agreement, obtaining a favorable decision from the New York Appellate Division, which dismissed claims of fraud and punitive damages, leading to the resolution of the matter.

Securities, Financial Services, and Antitrust Litigation

• Representing clients in multidistrict litigation and mass actions arising from securities fraud allegations, including matters involving the collapse of WorldCom, market timing and late trading, auction rate securities, foreign exchange benchmarking, and limited partnership sales practices.
• Defending numerous companies, officers, and directors in individual securities fraud litigation under Sections 10(b)(5) and 16(b) of the Securities Exchange Act of 1934.
• Defending pharmaceutical companies in multidistrict and consolidated antitrust actions.
• Representing clients in defense of claims by financial institutions.  Victories in this regard include obtaining reversal by New York Appellate Division of order of attachment and preliminary injunction, and successfully defending alleged guarantors of bank loans by pursing lender liability counterclaims, surviving motion practice, and obtaining a favorable resolution.

Employee Mobility, Restrictive Covenants, and Other Employment Matters

• Representing numerous employers in actions to enforce post-employment restrictive covenants, seeking and obtaining preliminary relief, and achieving prompt and advantageous resolutions.
• Defending mortgage brokers who moved firms, obtaining summary judgment that dismissed their former employer’s $15 million federal court lawsuit for breach of fiduciary duty, violations of the Computer Fraud and Abuse Act, and other alleged causes of action.
• Defending employers in disputes involving allegations of workplace discrimination and harassment, including proceedings before the Equal Employment Opportunity Commission, the New York State Department of Labor, and courts, including obtaining a dismissal of associational discrimination claims on a 12(b)(6) motion.

Internal and External Investigations

• Representing financial services clients in investigations involving matters such as stock options grants, market timing and late trading of mutual funds, auction rate securities, and share class sales practices.
• Representing public and private companies in internal investigations involving allegations of discrimination, harassment, retaliation and/or other inappropriate conduct.
• Representing individual clients responding to internal investigations concerning allegations of sexual harassment, improper or unethical conduct, or other company policy violations.
• Representing clients responding to inquiries from governmental entities and/or self-regulatory organizations, such as the U.S. Attorney, the SEC, FINRA, State Attorneys General and local prosecutors.