Represented a large US renewable developer on an 11th-hour restructuring of an EPC contract proposed by the prime contractor on a $600 million, 500 MW solar project, which included drafting EPC contract terms to resolve issues relating to design services, professional engineering requirements, and indemnification.
Representation of an international structural engineering company in negotiating numerous consulting agreements and subcontracts.
Representation of a W/MBE inspection subcontractor in defense of claims arising from the adjudicated fraud of a pile-driving contractor on a New York State bridge project.
Representation of a window manufacturer in the successful defense of a product liability claim for personal injury in connection with product installation.
Representation of an engineering designer in defeating claims of professional negligence in connection with project signage.
Representation of an owner regarding regulatory compliance issues relative to the construction of a capital improvement project.
Representation of a general contractor against an owner in obtaining a $1 million award for extra and delayed work.
Representation of a specialty trade contractor against a construction manager in collecting a $2 million award for unforeseen conditions and engineering deficiencies on a large “fast track” site contract.
Representation of a specialty trade contractor against a general contractor in collecting a $2 million award for extra and delayed work on a health care project.
Representation of a disappointed bidder in obtaining $2 million against another bidder on an airport runway project where “sham” employees were utilized to evade subcontractor listing requirements and that tortiously interfered with business expectancies.
Representation of an architect against a municipality that breached in bad faith a mediation settlement. Recovered the full amount of the settlement plus interest, attorney’s fees, expert’s fees, and arbitration costs.
Representation of many architectural and engineering designers in defeating claims of professional negligence across a wide range of projects and circumstances.
Representation of an owner of a new retail store in defeating a contractor’s claims for extra work in excavating a 200-foot rock face. Prevailed on counterclaims for twice as much as the original claims based on a geotechnical battle of the experts.
Representation of a municipality in defeating a bid challenge by a disappointed bidder and in making new law.
Representation and counsel for an owner for a sports stadium construction project.
Representation of an architect in a dispute involving steel plant construction issues.
Representation of a curtain wall and window manufacturer in defending against a multiparty claim of defective design and manufacturing of a Manhattan high-rise building in excess of $40 million.
Representation of a principal owner of a closely held corporation in the building aggregates industry in several lawsuits following the sale of the corporation and alleging claims by our client against the other former owner for breach of fiduciary duty and claims by the other former owner against our client for fraud and self-dealing. The jury returned a verdict for our client for more than $2 million in actual damages plus punitive damages and denied all claims against our client.
Representation of a general contractor to the US Navy in a default termination case involving the Trident Submarine training facility in Georgia, where our client was terminated by default by the Navy after completing 85 percent of the project. After several successful trials before the Armed Services Board of Contract Appeals, the Navy withdrew its default termination and paid our client $11 million in a complete settlement.
Representation of the general contractor on a $100 million San Diego naval hospital project in connection with a three-month complex jury trial brought by two subcontractors against the structural steel supplier, our client, and various sureties in federal court. We obtained a summary judgment dismissal of a multimillion-dollar claim against our client, and then after a three-month jury trial and a successful defense of an appeal, our client was vindicated.
Representation of a public national real estate investment trust in a multiparty, complex lawsuit involving the construction of a mixed-use 19-story masonry building at a $300 million multi-use development project and claims of defective design and construction totaling more than $16 million. After extensive discovery, we obtained a favorable settlement in complex mediation.
Successful representation and a favorable settlement in mediation for an industrial construction contractor in a dispute involving the design and installation of a baggage handling system and equipment at Washington Dulles International Airport.
Representation of a specialty building-component manufacturer in a $250 million claim arising out of multiple alleged defects in a Manhattan high-rise building.
Representation of a hospital in defeating multiple claims for delay and extra work on a $90 million new facility.
Defense of the State of New Jersey in a lawsuit brought against the state by a major international contractor on a large Superfund site remediation project. The engineering firm that designed the project was also made a defendant and cross-defendant. Partial summary judgments were rendered, forcing the contractor to settle.
Representation of a national university in obtaining an arbitration award of $2 million for a design-defect claim for a failed natatorium roof and curtain wall connection system.
Successful representation of the owner of a historic hotel in achieving settlement of disputes related to construction at the hotel. We defended against 25 mechanics’ lien claims brought by the general contractor and subcontractors, which totaled $18 million, and 12 lien enforcement actions.
Representation of a phenolic foam roof-insulation manufacturer in defending RICO and products liability claims to reach a $1 billion nationwide class settlement.
Regular representation of government owners in major infrastructure projects, including projects involving sewage treatment plants, highway and transportation work, and bridge construction.
Successful representation of a major general contractor in achieving a favorable resolution in a fiercely contested and highly publicized case involving the Silver Spring Transit Center project in Montgomery County, Maryland. After four weeks of a jury trial involving highly technical issues regarding concrete construction, schedule analysis, and damages, the county dropped its multimillion-dollar claims and agreed to pay our client a substantial payment on the client's multimillion-dollar affirmative claims.
Represented one of the largest privately owned energy companies in connection with several California battery storage projects on EPC and long-term maintenance contracts on California projects, including issues relating to major change orders, warranty coverage, and remedies.
Represent a national utility in connection with a multiyear, $1 billion transmission line upgrade construction project on contract structure and drafting an engineering, procurement, construction management (EPCM) agreement and multiple construction contracts.
Represent an LNG client in connection with the drafting and negotiation of an EPC contract with three bidders on a $40 million LNG vaporizer project.
Represented one of the largest international energy companies in connection with the drafting of a new form of EPC contract, which is being used in all of the company’s gas and electric power generation facility construction projects.
Successfully defended a power plant owner in a dispute involving the construction of a 619-megawatt combined-cycle plant, represented the owner against claims brought by the contractor, and asserted a $16 million claim against the EPC contractor, achieving a favorable settlement of all claims.
Represented a subcontractor in the construction of a combined-cycle plant in Albany, New York, in a multimillion-dollar suit in US District Court in Denver, Colorado, resulting in a favorable settlement.
Represented a client in a $97 million dispute with a contractor for wanton and reckless breach of contract related to the cancellation of a 960-megawatt coal-fired power plant in the Midwest. After litigation in federal district court and an appeal, the parties then engaged in mediation that resolved the litigation.
Achieved a favorable outcome representing a power plant owner in a dispute involving the construction of a hydroelectric power plant in Livingston County, Kentucky, against claims of over $7 million made by an electrical contractor on the project and asserted claims on behalf of the owner against the electrical contractor due to nonconforming work and delays. A favorable settlement of all claims was achieved, resulting in the dismissal of the lawsuit.
Successfully represented an owner of geothermal power plants in a dispute in which the owner pursued delay and performance liquidated damages claims totaling approximately $2.85 million against the turbine manufacturer.
Prevailed on behalf of a power plant owner in a dispute involving the construction of a combined-cycle plant with claims of $16 million against the contractor for nonconforming work and delays and claims of $30 million from the contractor against the client for acceleration and productivity impacts. Negotiations resulted in a favorable global settlement.
Successfully represented in federal court the owner of multiple newly constructed hydroelectric power plants on the Ohio River in multimillion-dollar claims against OEM for delay and defective work. After extensive discovery and summary judgment proceedings, achieved a mediated settlement of all claims.
Represented a merchant power company on a $533 million power plant construction project in Upstate New York in a series of complex arbitration proceedings. The hearing was divided into four phases, each focused on one of the construction areas in dispute, and involved extensive testimony as to power plant combustion turbine engineering, construction scheduling, construction craft labor productivity and ergonomics, meteorology/climatology, chemistry, power industry economics, and construction cost accounting. Our client successfully defeated 95 percent of the contractor claims, and arbitrators awarded the client $26,950,000 in liquidated damages.
Negotiated payment schedule regarding employee's tolling and forbearance agreement with Splashlight
Represented a Buffalo, New York-area start-up in a $3 million Series B private placement financing round.
Counseled and assisted a client with a supply agreement for biomass.
Represented defendants in a dispute over compensation regarding the plaintiff's work as CEO and investor.
Successfully obtained summary judgment dismissing a complaint where the plaintiff alleged malpractice relative to provided accounting services.
Represented a printing company in their acquisition of a manufacturing company in Connecticut.
Represented an energy industry client regarding an opinion related to construction and term loans provided by National Cooperative Bank, N.A.
Defending a national insurer against claims by the insured for breach of contract and bad faith relating to underlying sexual abuse claims.
Secured a dismissal of an inmate's deliberate indifference claims against health care providers based on the inmate's failure to allege any municipal policy regarding a defendant-entity and failure to allege any personal involvement of an individual-defendant.
Defended a national insurer against claims by additional insureds and their carriers concerning priority of coverage issues and estoppel arguments based on prior representations.
Defending a national insurer against claims by the insured for breach of contract and bad faith for underlying personal injury claims stemming from a landslide.
Secured summary judgment in favor of insurance broker where insureds alleged broker was negligent in failing to secure higher coverage limits for the subject property, which was affirmed by the Appellate Division, Third Department.
Secured summary judgment in favor of the insurer where the insured disputed the extent of coverage as barred by the policy's limitations provision, which was affirmed by the Second Circuit.
Successfully appealed a denial of summary judgment in favor of the insurer where the insured sought to challenge the insurer's actual cash value award after resolving the claim with the insurer. The Appellate Division, Third Department reversed the trial court's order and granted the insurer's motion for summary judgment dismissing the complaint.
Defended a major gasket manufacturer against claims brought by a plaintiff suffering from mesothelioma allegedly caused by asbestos exposure. At the conclusion of the four-week trial in New York State, only 2 percent of the total verdict was apportioned to the client. Ninety-seven percent of the $8 million verdict was allocated by the jury to six out of 27 other non-trial defendants who had settled or not been sued.
Represented a manufacturer in a personal injury action involving allegations of asbestos exposure that resulted in a summary judgment dismissal of the action with prejudice. After the client made a prima facie showing of entitlement to summary judgment, the plaintiff failed to produce any proof that he came into contact with any asbestos-containing components on the only engine manufactured by client that he recalled seeing and that he was present while others worked on the alleged asbestos-containing components of the aforementioned engine.
Represented an automotive parts supplier in a personal injury action involving allegations of asbestos exposure that resulted in summary judgment dismissal of the action with prejudice as well as a denial of the plaintiff's post-dismissal motion to renew. After the client made a prima facie showing of entitlement to summary judgment, the plaintiff failed to produce any competent admissible evidence that he was exposed to asbestos fibers at a certain time and location from brake products purchased from the client.
Served as counsel to a direct support professional of a developmental disabilities provider that, after an investigation by the NYS Justice Center for the Protection of People With Special Needs, was the subject of a substantiated finding of Category 2 physical abuse. After the client’s request for an amendment of the substantiated finding was denied, we requested a hearing before an Administrative Law Judge. Two days before the matter was to go to hearing, the Justice Center’s Administrative Appeals Unit amended the finding to unsubstantiated.
Served as counsel to a direct support professional of a developmental disabilities provider that, after an investigation by the NYS Justice Center for the Protection of People With Special Needs, was the subject of a substantiated finding of Category 1 serious physical abuse and Category 2 neglect. Filed a request for an amendment of the substantiated findings, resulting in the Category 1 claim being dropped and the Category 2 neglect being reduced to Category 3 neglect. After requesting a hearing before an administrative law judge, a few days before the matter was to go to hearing, the Justice Center’s Administrative Appeals Unit amended both of the findings to unsubstantiated.
Obtained dismissal of an inmate's 14th Amendment claims against health care providers based on the inmate's failure to allege subjective deliberate indifference and failure to set forth a violation of his procedural due process rights.
Represented a former telecommunications services provider in a six-day trial seeking to collect payment for telecommunications services provided and accepted under the terms of a services contract. The matter involved various breach of contract claims, resulting in damages in excess of $1.5 million to the client, plus statutory interest at 9 percent per annum.
Defended a manufacturing client in action brought by neighbors alleging the client caused damage to their real property. Complaints from neighbors prompted the NYS Department of Environmental Conservation (NYSDEC) to perform a site inspection, resulting in an enforcement action being commenced by the agency. Neighbors commenced the actions in small claims court, and the outcome is pending.
Defended a manufacturer of magnetic ferrous powders in a NYS Department of Environmental Conservation (NYSDEC) enforcement action where the agency alleged multiple violations of state air permitting regulations and violations of conditions of the facility’s state facility air permit. The violations could've resulted in criminal penalties against the company and company principals. The client was also in the midst of transferring a controlling interest to another company, potentially impacting the sale, including seamless transferring all NYSDEC-issued permits to the new entity to continue the operations. The NYSDEC enforcement action ended in a satisfactory settlement for the client.
Represents an out-of-state business in staying the enforcement of judgment and ultimately vacating the entry of judgment on grounds of breach of contract and improper business practices after the merchant advance lender improperly entered the judgment by confessing against an out-of-state defendant.
Represents siblings in breach of fiduciary duty litigation stemming from the co-trustee siblings' misuse of family assets for over two decades.
Represented a fashion manufacturer in a partnership dissolution arbitration against a former design-related business partner, obtaining a $350,000 judgment. The matter also included litigation surrounding a breach of contract for violating a noncompetition clause, breach of fiduciary duty, and piercing the corporate veil claims, which have not yet been finally determined by the court, but withstood the test of an early motion to dismiss.
Represented a buyer in their $1.4 million acquisition of a company developing medical sterilization devices.
Represented a solar project developer in obtaining a credit facility from the New York Green Bank for developing a solar energy project.
Represented a not-for-profit outpatient mental health facility in its petition to the attorney general to transfer substantially all of its assets to another not-for-profit corporation.
Prepared and prosecuted a patent application directed to a method of electrospinning medical implants.
Prepared a provisional patent application and non-provisional patent application directed to an epicutaneous allergy treatment and immunization protocol as well as an associated device.
Prepared a provisional patent application and non-provisional patent application directed to an electrospun medical device for dialysis patients to improve treatment.
Prepared a provisional patent application directed to a satellite configured to be launched into Earth's low orbit and controlled remotely or though pre-programmed instructions to capture and remove space debris from Earth's orbit.
Represented a Canadian change management software firm in the corporate reconstruction of a US affiliate entity.
Represented a NYC ice cream shop owner in the formation of a corporate entity and subsequent commercial lease negotiation.
Represented a Canadian online training platform with the corporate reconstruction of multiple related entities.
Represents a holding corporation in its ownership of Canadian real property and related corporate structuring and ownership succession planning.
Represented a real property company in its conversion from a limited liability company to a limited partnership in order to facilitate foreign investment and conform with Canadian corporate law.
Represented a purchaser in the $1.2 million acquisition of the stock of a national aluminum ladder and dock manufacturer.
Represented a purchaser in its $450,000 acquisition of the business assets of a consulting, bookkeeping, payroll, and tax preparation services firm.
Represented a purchaser in its $2.4 million acquisition of the business assets of a Georgia rifle and rifle accessory designer and manufacturer.
Represented a psychiatry practice in its formation and organization of a NYS professional service limited liability company.
Represented an optometry practice during its transition to a successor and preparation of the related practice transfer agreement and record transfer agreement.
Represented a family-owned health care information technology consulting firm in its general corporate records cleanup, the sale of half its membership interest to a long-time employee, and the negotiations and preparation of an employment agreement with a key employee.
Represented a NYS not-for-profit health care workforce development agency regarding revising its corporate bylaws and drafting its conflict of interest policy, director independence policy, and whistleblower policy.
Represented a Canadian face-to-face not-for-profit fundraising company regarding the general corporate cleanup and restructuring resulting from its acquisition of a US company and its subsidiary.
Represented a fast food franchise operator in the asset sale of four Taco Bueno restaurants and subsequent leaseback negotiations.
Represented a dentist in the sale of his dental practice, associated assets, and office real property.
Represented a Canadian telecommunications engineering and construction firm regarding its formation of a US investment and holding vehicle.
Represented a national lighting manufacturer and supplier in connection with the substantive revising of its terms and conditions of sale.
Represented a senior care placement technology start-up in connection with HIPAA compliance and privacy policy and terms and conditions advising.
Represented a purchaser in its acquisition of the business assets of a local sodas, ice cream, and confections shop and in the related commercial lease negotiation.
Represents a user-generated content software application company focused on collaborative and guided community storytelling in connection with its fundraising, daily contract requirements, employment arrangements, and general corporate matters.
Served as transaction counsel to the purchase of the business assets of a closely held industrial abrasives manufacturer and distributor by a WNY-based private equity company.
Represented a high-volume, family-owned restaurant and pizzeria, designing and executing on a deal structure that resulted in a profitable and succession-friendly sale to a trusted, long-time employee.
Represented a WNY-based private equity company in its acquisition of the business assets and real property of a popular, historic Buffalo commercial bakery (operating since 1888) that markets and sells premium frozen dough products and fresh baked goods.
Represented a purchaser in its $70 million acquisition of the business assets of a California designer and manufacturer of dynamic instrumentation for vibration, shock, and pressure measurements.
Represents an international piezoelectric sensor manufacturer regarding its general corporate and contract requirements, acquisitions, and related matters.
Represented a purchaser in its attempted multi-million-euro acquisition of the stock of Irish and Costa Rican medical device manufacturers.
Represents a global medical devices and consumables manufacturer regarding its general corporate and contract requirements, acquisitions, and related matters.
Successfully defended a client in a preference claim brought in the Sears bankruptcy. Even though the matter presented challenges on the facts, still negotiated a settlement that only involved a 45-percent payment of the amount challenged.
Represented a federally recognized tribal sovereign government in preparing, submitting, and securing approval from the USDA on its tribal hemp administration and production plan.
Obtained summary judgment in disability discrimination and retaliation claims brought under the Americans With Disabilities Act, Rehabilitation Act, and NYS Human Rights Law. The plaintiff was a former union power plant employee.
Represents a food packaging manufacturer in enforcing patent rights related to aseptic bottling in multiple infringement actions with domestic and international manufacturers.
Successfully persuaded an appeals court to uphold summary judgment in favor of the client insurer, holding that exposure under the state financial responsibility filing was limited to statutory minimums and not the policy limit.
Persuaded a federal district court that a loss arising out of negligence of the named insured's employee in operating a motor vehicle fell within several specific exclusions of the client insurer's commercial general liability policy.
Persuaded a federal appeals court that the MCS-90 regulatory endorsement did not create a duty to defend a bodily injury action against an insured motor carrier where the policy itself provided no coverage.
Successfully defended coverage action by persuading the federal appellate court that the client insurer's non-trucking exclusion barred coverage where a loss occurred while an insured driver was looking for a place to sleep between deliveries.
Successfully defended coverage action by persuading the federal appellate court that the client insurer's non-trucking exclusion barred coverage where the loss occurred while the insured driver was returning home after multiple deliveries for a motor carrier.
Successfully defended coverage action by persuading the federal appellate court that the client insurer's coverage for hired autos was excess.
Persuaded a federal appeals court that an insurer's statutory duty under NYS law to disclaim coverage under the contingent policy was not triggered until the adversary produced a copy of the other policy in discovery.
Represents landlords of 31 stores in Destination Maternity Corporation bankruptcy cases.
Represents landlords of 43 stores in Forever 21, Inc. bankruptcy cases.
Assisted a mid-Atlantic property insurer in transitioning personal lines coverage to new products by drafting forms and liaising with the NYS Department of Financial Services.
Led internal and external business and legal teams creating regulatory reports for hemp processing and cultivating clients.
Directed a cannabis-processing client's application for agency approval of a capital project to construct and operate a facility in line with FDA standards for current Good Manufacturing Practices (cGMP) for dietary supplements.
Guided a client's response that resolved, without incident, an authority's compliance investigation into cannabinoid-infused retail consumer products.
Represented a client in a preference adversary proceeding in the Sears bankruptcy, resulting in a dismissal of the complaint.
Successfully argued against a refusal of registration citing registration covering an identical mark by distinguishing the applicant's goods and channels of trade from those covered by the cited registration.
Represented a corporation in its $5.5 million sale of a Montana hotel and lodge.
Represented a major Central New York landmark in regard to its permanent financing.
Successfully tried and obtained a "no cause" verdict in a products liability case in Monroe County Supreme Court. The plaintiff alleged he sustained permanent injuries as the result of an apartment fire that started when a manufacturing defect caused his refrigerator to short circuit. After a trial in which both sides presented expert witness testimony regarding causation, the jury determined the refrigerator was free from any defects, and the plaintiff's own negligent act of burning combustible materials started the fire and caused the plaintiff's injuries.
Represented a company in its financing and acquisition of a major pasta company.
Obtained dismissal of an inmate's claims against health care providers alleging deliberate indifference to medical needs and violations of the US Constitution.
Obtained dismissal of an inmate's deliberate indifference claims against health care providers based on the inmate's failure to exhaust his administrative remedies under the Prison Litigation Reform Act.
Represented a secured creditor in connection with the workout of the obligations of a related age-restricted residential project, assisted living facility, and nursing home.
Represented the secured lender in the foreclosure and sale of a manufacturing company's assets with facilities in three states and successfully defended against lender liability counterclaims.
Represented a secured lender in the foreclosure and subsequent sale of a hotel, including obtaining a deficiency judgment against the guarantor and successfully defending against lender liability claims.
Represented a three-member steering committee in a multi-lender workout of the obligations of two major New York and Connecticut real estate developers.
Represented the lead lender in a global resolution of the obligations of a high-net-worth individual to 18 creditors.
Represented a secured lender to a munitions manufacturer, including the foreclosure and sale of all business assets and resolving competing claims to the collateral and claims against the lender.
Represented a lender in a $45 million revolving loan facility initially secured by interests in 16 hedge funds and providing for the substitution of fund interests as the borrower’s investments change.
Represented a residential mortgage lender in connection with a $1 billion repurchase arrangement to serve as a warehouse facility pending sales or securitizations of loan portfolios and an associated $50 million credit facility.
Represented a lender in extending $19 million in asset-based loans to related mineral mining, processing, and sales companies.
Represented a lender in connection with the extension of asset-based revolving and term loan facilities totaling $55 million to an art gallery and a private art investment fund secured by, among other aspects, fine art and investment interests in the fund.
Represented a lender in a $46 million floorplan facility to five related auto dealerships and an $11 million mortgage loan to eight affiliated borrowers.
Obtained a favorable settlement for a not-for-profit housing agency sued by a former employee for disability discrimination and retaliation before substantial litigation costs were incurred.
Obtained a favorable settlement for a temporary staffing agency when the company to whom the employee was supplied sought indemnification for payments and attorneys' fees in a personal injury action.
Successfully defended a temporary staffing agency against large-value claims by a former employee based on personal injuries.
Acted as outside counsel to a not-for-profit development disability health care provider in its transfer of assets to another provider.
Served as outside counsel to a Buffalo-based industrial laundry business in the sale of its business to a publicly traded competitor.
Served as outside counsel to a Buffalo-based private equity firm in its $5.2 million purchase of a commercial and home power generator business.
Represented a plumbing business in the sale of $1.2 million in assets.
Successfully obtained a summary judgment dismissal of a plaintiff's complaint alleging they tripped and fell at the entrance of the client's home. Helped the client meet their burden, showing there was no known dangerous condition.
Successfully obtained summary judgment dismissal with prejudice of an action involving a plaintiff claiming the feed provided by the client caused the death of their rabbits. The plaintiff failed to produce any proof that aflatoxin in the insured’s feed actually killed their rabbits, and they could not prove causation at trial.
Obtained a discontinuance as against a manufacturing client just prior to the start of trial.
Successfully obtained summary judgement in an asbestos products liability case with positive product identification and a $400,000 settlement demand. Worked with the client and former employees to extensively research and collect historical documents for the first time, drafted voluminous interrogatory responses that will be used to secure dismissals in future matters, conducted exposure-limiting cross-examination, and drafted a motion for summary judgment that the plaintiff chose not to oppose.
Represented a purchaser of a debtor's automobile dealership from a Chapter 11 trustee and in related litigation.
Obtained a dismissal of whistleblower and wrongful termination claims on behalf of a national amenities service provider in Ohio state court.
Obtained a consensual dismissal of interpleader action against a real estate developer client.
Represented a regional bank in a complex workout of over $9 million in secured debt, including restructuring, forbearance negotiations, pre-bankruptcy support agreement negotiations, and a 363 sale of the debtor's assets.
Represents Eastern Niagara Hospital as debtor-in-possession in a Chapter 11 proceeding pending in the Western District of New York.
Serves as outside trademark counsel to an international presenter of artistic programming and arts education and manages its international trademark portfolio.
Successfully enforced a client's federal trademark registration through a cease and desist letter and encouraged the infringer to immediately adopt a less-similar mark.
Conducted a sexual harassment investigation involving claims against a CEO.
Assisted a beverage company in obtaining industrial hemp processing and growing licenses for the production of CBD-infused dietary supplement drinks.
Obtained an order vacating an arbitration award that awarded union, health, and welfare funds totaling over $1.1 million.
Defended a retaliation charge for engaging in protected activity under the Taylor Law.
Obtained a dismissal of a same-sex sexual harassment claim after trial and the motion for judgment, notwithstanding the verdict.
Obtained a successful dismissal of a sexual discrimination charge brought by an employee before the NYS Division of Human Rights.
Successfully obtained a dismissal of a racial discrimination and sexual harassment claim by a terminated employee of a medical transport company before the NYS Division of Human Rights
Drafted a petition to the Onondaga County Supreme Court to gain approval for a religious corporation to convey multiple parking easements.
Serves as lead litigation trial counsel for a global cigar company.
Managed the domestic enforcement of trademark rights for an apparel and headwear company.
Collaborated in the clearing, filing, and prosecution of trademark applications for the global rebranding of a pharmaceutical company.
Managed the worldwide trademark portfolio for a national alcohol beverages manufacturer.
Defended a footwear manufacturer and retailer in a trademark-infringement action that was resolved favorably prior to trial.
Represented a health care provider in a trademark-infringement action that was resolved favorably prior to trial.
Represented a medical device manufacturer in a successful uniform domain name dispute resolution policy (UDRP) proceeding that resulted in the transfer of an infringing domain name.
Served as trial counsel in a trade-dress infringement action that resulted in a favorable jury verdict of noninfringement for a specialty paper products manufacturer.
Represented an individual in a foreclosure where liens were acquired from a municipality to allow him to obtain the title to the liened property.
Obtained multiple dismissals of claims from inmates against health care providers for deliberate indifference to medical needs and violating the US Constitution.
Successfully defended an insurance company in NYS court against a plaintiff alleging the insurer owed coverage for a water loss under a property insurance policy.
Successfully represented an insurer in a nationally cited leading construction defect coverage decision that held that, without alleged damage outside the scope of the insured’s work product, faulty workmanship claims do not allege an "occurrence" as contemplated by a comprehensive general liability policy.
Successfully defended an insurance company in federal court against a plaintiff alleging the insurer owed coverage under an insurance policy issued to a roofing contractor that performed allegedly defective work. The court agreed with the client's position that all claims should be dismissed pursuant to the “no direct action” doctrine.
Successfully represented an insurer in an insurer versus insurer dispute involving a significant underlying construction accident and disputed issues of coverage for contractual and common-law indemnification claims. The NYS Appellate Division, Fourth Department agreed that the client's excess general liability policy was inapplicable, resulting in a high six-figure recovery.
Successfully negotiated a civil resolution of a federal investigation into the submission of false claims for payment to the United States in connection with the Environmental Protection Agency’s Disadvantaged Business Enterprise (DBE) program. The investigation arose out of the client’s improper use of a contractor who was not performing a commercially useful function and, thus, was not an authorized DBE contractor. Also successfully defended the client in a related investigation by the EPA’s suspension and debarment division, which ultimately took no adverse debarment action against the client.
Successfully negotiated a civil resolution for a manufacturing client subject to a federal False Claims Act investigation that arose out of the client supplying a China-sourced component part to a US defense munitions contractor without the proper ITAR license.
Represented a manufacturing company in connection with providing a voluntary disclosure to the Directorate of Defense Trade Controls – US Department of State (DDTC) concerning a potential violation of the International Traffic in Arms Regulations (ITAR) related to the outsourcing of a munitions component part from China without proper ITAR licenses. The DDTC ultimately closed the case without taking any adverse action or penalty against the client.
Represented an individual charged with 30 counts of health care fraud and conspiracy to make false statements in connection with health care billing. The case was tried before a federal jury in Utica, New York.
Represented an individual in connection with a federal tax investigation. Successfully negotiated a plea agreement that included an agreed-upon sentence and barred the government from bringing any further criminal charges in exchange for a guilty plea to subscribing and filing a false tax return. The client received no jail time.
Represented an individual in connection with a federal immigration investigation concerning allegations of harboring illegal immigrants. Successfully negotiated a plea agreement that barred the government from bringing any further criminal charges in exchange for a guilty plea to one count. The client received no jail time.
Represented an individual in connection with a federal tax investigation. Successfully negotiated a plea agreement that included an agreed-upon sentence and barred the government from bringing any further criminal charges in exchange for a guilty plea to two counts.
Represented a physician accused of health care fraud, including fraudulent billing and falsifying records. Successfully negotiated a civil resolution with no criminal charges imposed. Assisted in instituting a practice-wide compliance program.
Represented a law firm partner accused of fraud by the US Department of Justice (DOJ) and US Department of Labor (USDOL). No charges or civil penalties were imposed.
Represented a business owner charged with 21 felony counts of criminal sales-tax fraud involving amounts approaching $750,000. Successfully reduced the counts to one misdemeanor charge of failure to maintain adequate records and successfully negotiated the abatement of civil-fraud penalties.
Represented a business under criminal investigation by the NY Attorney General’s Antitrust Bureau for numerous violations of antitrust laws under threatened penalties of millions, incarceration for top executives, and forced closure of the business. Negotiated a civil resolution favorably with no criminal charges imposed.
Handled the sale of a homeowners association common area to construct a single-family home.
Prepared an easement to authorize the installation of fiber optic cables over a homeowners association common area and advised the HOA regarding procedures to authorize the installation.
Prepared a declaration of restrictions to preserve protected wetlands and an adjacent area incident to a NYS Department of Environmental Conservation (DEC) and US Army Corps of Engineers wetland permit.
Amended a condominium offering plan to extend the terms of the offering.
Prepared an application for treatment pursuant to Cooperative Policy Statement 7 (CPS-7).
Authored an amicus curiae brief in support of the position that the costs of obtaining a state mining permit incurred in relying on permissive zoning must be considered in determining whether the applicant had established vested rights prior to the enactment of a zoning prohibition.
Defended an Article 78 Proceeding commenced by neighbors challenging the formation of a planned development district, subdivision, and site plan approval for reusing five existing buildings and constructing a four-story, 52-unit multi-family building and a four-story, 52-unit multi-family building with underground parking.
Have represented numerous municipal bodies in Article 78 proceedings challenging administrative approvals.
Prosecuted approvals for the redevelopment of historic landmark property, including rezoning to the planned development district, subdivision and site plan approval for the reuse of five existing buildings, and the construction of a four-story, 52-unit multi-family building and a four-story, 52-unit multi-family building with underground parking.
Represented numerous land use applicants before municipal bodies.
Assisted numerous municipal bodies as special counsel regarding SEQRA compliance.
Representing a zoning board in a pending Article 78 proceeding challenging its action to annul a previously granted variance.
Successfully represented numerous municipal bodies in Article 78 Proceedings challenging SEQRA approvals.
Successfully obtained a use and area variance for a local business looking to expand to the Town of Amherst.
On behalf of more than 10 property owners, successfully opposed a Zoning Board of Appeals application from a local farmer seeking to install a 133-foot wind turbine.
Successfully represented a Fortune 500 company looking to expand its nationwide car dealership into Upstate New York, handling all aspects from rezoning through site-plan approval at the municipal level.
After a municipality denied various zoning approvals sought by a nationwide student-housing management and development company, successfully obtained a decision from a NY Supreme Court justice overturning the town board's denial, resulting in a $50 million local investment in private student housing.
Successfully obtained a decision from the Appellate Division, Second Department affirming the trial court's denial of a municipality's motion to dismiss a $4 million cost-recovery action against them for damages arising from the destruction of a client's records-storage warehouse.
Negotiated a settlement on behalf of a reputable law firm and attorney for 3 percent of the originally claimed damages after walking away from a mediation in which the mediator had recommended a settlement for a substantially greater value.
Obtained a favorable settlement for a client sued in Florida in a complex accounting malpractice case arising from criminal fraud perpetrated by the CEO of a national telecommunications company.
Successfully counseled clients regarding addressing and responding to subpoenas in various matters.
Successfully obtained a dismissal of a counterclaim for legal malpractice on appeal where the counterclaim plaintiff alleged malpractice related to the representation during and the ultimate settlement of a matrimonial action.
Successfully obtained summary judgment where the plaintiff alleged negligence against an assisted living facility client.
Obtained a favorable settlement in a malpractice action against a nursing home.
Successfully obtained a summary judgment dismissal of a legal malpractice case arising from representation in a commercial transaction.
Obtained a favorable settlement in a legal malpractice action against a law firm and individual attorney alleging malpractice related to representation in an underlying commercial transaction.
Successfully defended a dentist in a lawsuit by numerous minors alleging fraud and malpractice.
Successfully represented an accounting firm in enforcement actions by the Securities and Exchange Commission (SEC) arising out of alleged violations of securities laws and generally accepted accounting principles.
Successfully obtained a summary judgment dismissal of a $1.2 million legal malpractice case arising from collection action.
Successfully obtained a summary judgment dismissal of a premises liability case arising from a trip and fall.
Successfully obtained a summary judgment dismissal of a products liability case arising from a fall from a ladder sold by retail department store.
Obtained a dismissal on summary judgment of toxic-tort claims by a worker claiming the need for a lung transplant against a property owner. Also successfully recovered attorney's fees from the tenant.
Obtained dismissal on summary judgment of professional malpractice and intentional-tort claims against a university client related to student health services.
Obtained dismissal on summary judgment of professional malpractice and intentional-tort claims against a university client related to student mental health services.
Obtained dismissal on summary judgment of negligence and employer liability claims against a university client related to a sports club injury.
Serves as outside trademark counsel for a global telecommunications manufacturer, including counseling on the selection and adoption of new brands, clearing and filing new marks, and maintaining its global trademark portfolio.
Successfully obtained a reversal of the termination of five pharmacy locations.
Successfully appealed a PBM's audit findings related to "advisory" prescriptions on behalf of a NY pharmacy.
Successfully obtained an injunction to delay the termination of a pharmacy contract after the client was terminated from the network for fraud.
Successfully secured a preliminary injunction barring the NYS Department of Health from implementing dramatic cuts in Medicaid reimbursement for incontinence supplies. Through an Article 78 proceeding, plaintiffs alleged the severity of the cuts would eliminate local home-delivery-service networks, leaving a de facto mail-order system in its place. The Kings County Supreme Court issued a preliminary injunction in the plaintiffs' favor, barring the NYS Department of Health (DOH) from implementing the reduced rates through the pendency of the litigation, representing a big win for the DME and pharmacy provider communities.
Served as counsel to a home health care agency and provided representation in multiple audits by the Office of Medicaid Inspector General (OMIG), resulting in significant reductions in overpayment amounts. Also negotiated settlement agreements with OMIG, resulting in agreements for even lower overpayment amounts.
Representing a physician in a landmark lawsuit against insurers for failing to protect the physician's confidential information from fraud and abuse by third parties.
Successfully advocated for a physician's enrollment in Medicaid following a wrongful exclusion and successfully negotiated the physician's return into numerous health care provider networks.
Represented an owner of auto parts stores in the sale of a Rochester, New York-area store to a competitor.
Served as outside general counsel in the $75 million redevelopment of a facility on the National Register of Historic Places into a 90-room boutique hotel and conference facility, including acquiring the project from New York State, negotiating and preparing development documents and leases, preparing and processing tax incentives, and coordinating historic tax credit financing with Empire State Development grants.
Represented a hospital group in the sale of its large urology and radiation oncology medical practice and related real estate.
Served as outside counsel in negotiating and closing construction and term loan agreements with an institutional lender and ISDA swap agreements.
Represented a hydroelectric developer in its acquisition of a hydroelectric facility in Oregon, including negotiating an acquisition agreement and conducting due diligence involving environmental and real estate issues and permits.
Handled the estate administration and settlement of a multimillion-dollar estate with an individual executor.
Settled a decedent's revocable inter vivos trust containing all of his assets, including his shares in a business.
Handled the estate administration and settlement of a $7 million estate as well as the settlement of two trusts collectively valued at $3 million in which the decedent was a trustee.
Handled an estate administration settlement of a $3 million estate and served as the co-executor with an accountant.
Handled a trust administration settlement of a $10 million revocable trust with an investment banking company serving as the corporate fiduciary.
Prepared a petition for the appointment of a guardian in a guardianship proceeding for a disabled individual.
Prepared an ancillary probate petition for property in New York State.
Prepared estate planning documents for a $1.7 million estate, including drafting of last will and testaments, health care proxies, and powers of attorney.
Reconciled the accounting of a $200,000 estate for distribution.
Prepared objections of accounting for a client's parents' two trusts and his mother's estate.
Facilitated the transfer of assets for a couple to an intentionally defective grantor trust to shield the assets from estate taxes.
Handled estate planning for a $6 million estate, including drafting the last will and testaments, health care proxies, and powers of attorney.
Handled probate proceedings for a $150,000 estate, including conducting familial history research in search of intestate distributees of the decedent to file an affidavit of due diligence.
Working with clients on the administration of an estate with multiple properties and liquid assets. Successfully oversaw the contentious distribution of tangible personal property among estate beneficiaries.
Working with the trustee of a revocable trust with 30-plus beneficiaries. In addition to traditional assets, the trust owns several million in antiques that must be strategically sold over a period of time so as not to artificially deflate their market value. A large number of beneficiaries are charitable organizations taking a residuary portion of the trust estate.
Assisted a client with converting a Family Limited Partnership (FLP) set to dissolve into an LLC designed to hold and manage the family's recreational property. Worked with the client and their family to design a tailored operating agreement that would transition from manager-management to eventual member management as property passed through several family generations.
Represented a client with significant claims against the executor of the estate for a deceased relative with an insolvent estate, including negotiating the sale of closely held real estate business interests to settle the claim, effectively bypassing creditors with superior claims against the estate.
Represented a 57-year-old woman who was alleged to be incapacitated against an application under Article 81 of the Mental Hygiene Law. The petitioner obtained an improper temporary order effectively imposing a plenary guardianship on an ex parte basis in deprivation of the client's constitutional rights to due process. Successfully lifted the guardianship and achieved a global settlement of both personal needs and property management issues without the drastic measure of plenary guardianship structure.
Created a complex estate plan for Native American clients with $20 million in assets, including balancing issues with treaty exclusions from a restriction on transfers perspective and federal estate and transfer tax exemptions, restructuring assets, handling issues for the succession of closely held business interests operating on restricted lands, and restructuring holdings into LLCs.
Settled two complicated testamentary trusts, including appointing trustees nunc pro tunc and decanting one testamentary trust.
Handled the sale of a closely held business' $3.5 million in stock to an intentionally defective grantor trust by two brothers.
Settled a $19 million estate involving NYS and federal estate tax matters, including a sale by a closely held business, a sale of private equity and venture capital positions, managing a closely held business, and working show-dog kennels during the administration.
Settled an estate involving a fiduciary qualification contest, including handling issues with an ineffective residuary disposition to a non-existing charitable remainder unitrust with a corresponding NYS Department of Tax & Finance ramification on charitable deduction availability; construction issues relating to the application of an in terrorem clause for purposes of the fiduciary-beneficiary's interest in the estate proceeding; and issues involving appeals pending for commercial litigation before the time of the decedent's death related to the closely held business interest and sale to a purchaser now in bankruptcy proceedings.
Created a complex estate plan for clients with closely held real estate businesses. Restructured and modified the ownership of business interests to accomplish estate planning objectives and avoid potential income tax issues.
Implemented a gifting plan for closely held business interests to the children involved in running the business. Restructured the ownership of assets between spouses to effectively utilize estate tax exemptions and updated the estate plan to accomplish business objectives and establish revocable trusts to avoid potential ancillary probate issues.
Formulated and implemented a complex estate plan for a retired executive of a publicly-traded company with $50 million in publicly traded stock holdings. Implemented generation-skipping tax planning through the use of trusts for his children, achieved tax efficiencies through creating intentionally defective grantor trusts (IDGTs) for his children, created zeroed-out grantor-retained annuity trusts (GRATs) to make additional gifts after using up lifetime exemptions, and implemented a sale of a closely held real estate LLC on a discounted basis to further reduce the taxable estate size.
Settled an estate and trust involving NYS and federal estate tax audits, a real property sale by closely held businesses using a like-kind exchange, a settlement with a family member to resolve claims related to the trust distribution and redemption out of businesses, and a settlement with a beneficiary with debt owed to a related business.
Administering a $10 million taxable estate, including extensive real estate holdings in a contested estate with a lost will and potential right of election.
Probating a will in a contested estate that involved an estate claim against a corporate trustee for the improper payment of income to an improper beneficiary for 10 years.
Settling a $43 million estate, including buying out a minority shareholder, settling various trusts and the fiduciary of a deceased fiduciary, and estate planning for the sole beneficiary.
Successfully secured a settlement payment to a $15 million estate from the marital trust for payments owed to the decedent. Resolved a federal estate tax audit and guided clients through a difficult estate administration involving illiquid assets.
Implemented changes to an estate plan for high-net-worth clients with $17 million in assets following their relocation to Florida, including outlining recommendations to confirm the change of domicile, creating a plan regarding their homestead property, and trust planning for one child.
Effectuated a client's estate plan to shield all $3 million in assets from long-term-care planning costs, effectively using a disclaimer and renunciation to minimize income taxes and to minimize the use of IRA distributions to pay for nursing home care.
Worked with high-net-worth clients with $9 million in assets on their estate plan, effectively crafting wills and utilizing trusts to avoid up to approximately $600,000 in NYS estate taxes.
Worked with high-net-worth clients with $11 million in assets on their estate plan, effectively crafting wills and utilizing trusts to avoid up to approximately $900,000 in NYS estate taxes.
Represented a seller in a $20.5 million sale of a retail shopping center in Myrtle Beach, South Carolina, that was a relinquished property in a 1031 exchange.
Obtained summary judgment for a roofing manufacturer in a living mesothelioma case with only two viable defendants and a settlement demand of over $1 million, saving the client the cost of trial and a potentially large adverse verdict.
Obtained summary judgment to dismiss the plaintiff's complaint in a lead poisoning case brought against an insured homeowner client based on the client's lack of notice of a potential hazard in the property. Following the dismissal of the complaint at the trial court level, successfully defended the plaintiff's appeals to the Appellate Division and NYS Court of Appeals.
Secured a voluntary dismissal for a plumbing contractor in a mesothelioma case involving a young plaintiff with young dependents. The result was based on extensive research and analysis of historical government records to confirm the client was not involved in the construction project at issue and extensive negotiations with opposing counsel. Saved the client the cost of a dispositive motion and potentially dangerous trial verdict.
Secured a voluntary dismissal for a school bus manufacturer in a mesothelioma case based upon extensive research and analysis of the company's complex corporate history and transactional documents, government sales records, and legal analysis to establish that the client was not liable for the product at issue. Avoided a costly summary judgment motion and established precedential discovery responses and materials for the client to use in defending future litigation.
Counseled and assisted with a client's response to a NY Department of Agriculture & Markets, Plant Division investigation of compliance issues with its cannabinoid-infused consumer products.
Brought an Article 78 proceeding against the Office of Mental Health to eliminate COPS payment recoupments and negotiated a settlement where the client paid less than what was demanded.
Represented a state employee in federal civil-rights actions involving constitutional due-process issues and allegations of the denial of the First Amendment, due process, and Equal Protection rights, including allegations of rights violations by individuals under the auspice of the NYS Office of People With Developmental Disabilities (OPWDD) following investigations by the NYS Justice Center and the Department of Health (DOH).
Represented multiple health care industry employers who were former members of health care group self-insurance workers’ compensation trusts, defending multimillion-dollar claims brought by the NYS Workers Compensation Board and helping to recover substantial proceeds in multiparty lawsuits against the third parties responsible for the $188 million trust deficit.
Represented an equipment contractor in a claim from a trustee for benefit contributions to union benefits fund, resolving the claim for substantially less than the claimed damages.
Represented a staffing company in a disability discrimination and retaliation case in the US District Court for the Western District of Pennsylvania.
Obtained a dismissal of a disability discrimination case in the US Court for the Northern District of New York for a group of individuals.
Represented a fly fishing and braided line products manufacturer against a former executive who violated a restrictive covenant and disclosed trade secrets. Obtained a temporary restraining order and preliminary injunction enjoining the former executive from competing or soliciting clients and from disclosing trade secrets.
Obtained a no probable cause determination for a behavioral health provider in a race and criminal conviction discrimination and retaliation case.
Obtained a no probable cause determination for an addiction treatment center in a gender discrimination and retaliation case.
Represented an industrial automation distributor against claims from four former managers for unpaid bonus compensation under the NYS Labor Law, breach of contract, and unjust enrichment. Settled with the plaintiffs on the claims, including protections for the company in connection with the sale of its assets to an unrelated third party.
Represented a hardware store against a seller who violated restrictive covenants for breach of contract, breach of the duty of loyalty, unfair competition, misappropriation of trade secrets, and other related claims. Settled with the defendants, agreeing to honor the restrictive covenant obligations and pay $35,000.
Obtained partial summary judgment worth $750,000 against two former cardiologists who violated their noncompetition agreements and successfully appealed to the NYS Appellate Division, Fourth Department for attorney’s fees worth an additional $200,000.
Obtained a no probable cause determination for a fast-food restaurant in a race discrimination case before the NYS Division of Human Rights.
Obtained a no probable cause determination for an addiction treatment center in a gender, conviction record, and parolee status discrimination case before the NYS Division of Human Rights.
Represented a third-party staffing agency in third-party indemnification action related to an underlying race and national origin discrimination and retaliation case in the US District Court for the Western District of New York. Obtained judgment on the pleadings in the US Court of Appeals for the Second Circuit.
Drafted and negotiated an employment agreement for a not-for-profit CEO.
Represented a clothing consignment store before the Unemployment Insurance Appeal Board in a successful appeal of the decision of an administrative law judge.
Obtained a favorable settlement for a rubber flooring manufacturer in connection with a US Department of Labor (USDOL) investigation concerning claims by current and former employees for unpaid wages.
Conducted a sexual harassment investigation for a human services provider that involved claims against a co-worker, supervisor, and the human resources department.
Obtained a no probable cause determination for a behavioral health provider in a disability discrimination case before the NYS Division of Human Rights.
Obtained a no probable cause determination for a public university in an alleged race and national origin discrimination case before the NYS Division of Human Rights.
Obtained summary judgment for a childcare provider in an age discrimination and retaliation case, and subsequently prevailed on appeal.
Represented a client in connection with an Audit Closing Agreement Program negotiation, negotiating a retroactive amendment spanning 28 years to conform the plan document to the operational practice, avoiding restorative contributions potentially in the seven-figure range.
Represented a behavioral health provider in a sexual harassment and retaliation case, obtaining a no probable cause determination.
Obtained a no probable cause determination for an employer in a disability and predisposing genetic characteristic discrimination and retaliation case.
Represented a company in an appeal of unemployment insurance benefits with the NYS Department of Labor (DOL) claiming that independent physicians and all others in similar roles were employees.
Successfully represented a charter school in a case filed by a former employee alleging the school had violated various provisions of the NY Labor Law, including requiring kickbacks of wages. Obtained a dismissal of the claims for failure to state a claim for which relief could be granted.
Successfully represented a public charter school against claims of racial and gender discrimination, including preparing a detailed position letter to the Equal Employment Opportunity Commission (EEOC) and the NYS Division of Human Rights, participating in an investigatory conference, and submitting a summary letter. The court found no probable cause and dismissed the claims.
Served as counsel to a NYS Office of Alcoholism and Substance Abuse Services (OASAS) chemical-dependency treatment program in a case of first impression, creating precedent from a NYS appellate court that chemical-dependency-treatment clients who participate in licensed chemical-dependency residential treatment programs are not entitled to an eviction proceeding or substantive due process prior to discharge.
Represented a consortium of numerous not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative.
Represented a consortium of numerous not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative.
Handled a HIPAA privacy breach for a provider involving disclosures to and settlements with the US Department of Health & Human Services Office for Civil Rights (HHS-OCR) and the NYS Attorney General.
Represented behavioral health care providers in their formation of a Medicaid health home.
Represented behavioral health care providers in their formation of a Medicaid health home.
Served as counsel in a trial in which the NYS Department of Health (DOH) and the NYS Office for People With Development Disabilities (OPWDD) were found responsible for funding the reasonable actual costs of administrative overhead in providing services under Medicaid.
Represents an administrative data exchange in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies.
Represented a regional health information organization (RHIO) in developing the Statewide Health Information Network of New York (SHIN-NY), including research on cutting-edge privacy, security, and consent issues for governmental, public, and private collaborations. Continues representing the RHIO in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies.
Represented a regional health information organization (RHIO) in developing the Statewide Health Information Network of New York (SHIN-NY), including research on cutting-edge privacy, security, and consent issues for governmental, public, and private collaborations. Continues representing the RHIO in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies.
Represented a consortium of numerous not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative.
Represented a consortium of numerous not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative, including assisting with corporate governance, contract negotiations, value-based payment agreements, and data privacy issues.
Represented a consortium of numerous local governments and not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative.
Successfully obtained summary judgment for a manufacturing client in an asbestos matter where the plaintiff sought to rely on inadmissible hearsay. The case decision is now routinely relied upon by defendants in NYS asbestos litigation.
Successfully convinced the Illinois Appellate Court to uphold summary judgment in favor of the insurer client, holding that exposure under the state financial responsibility filing was limited to statutory minimums and not the policy limit.
Successfully persuaded the US District Court for the Eastern District of New York that a loss arising out of the negligence of the named insured's employee in operating a motor vehicle fell within several specific exclusions of the client's commercial general liability policy.
Successfully persuaded the US Court of Appeals for the Ninth Circuit that the regulatory endorsement MCS-90 did not create a duty to defend bodily injury action against the insured motor carrier where the policy itself provided no coverage.
Successfully defended a coverage action by persuading the US Court of Appeals for the Sixth Circuit that the client's non-trucking exclusion barred coverage where the loss occurred while the insured driver was looking for a place to sleep between deliveries.
Successfully defended a coverage action, persuading the US Court of Appeals for the Sixth Circuit that the client's non-trucking exclusion barred coverage where the loss occurred while the insured driver was returning home after multiple deliveries for a motor carrier.
Successfully defended a coverage action by showing the US Court of Appeals for the First Circuit that the client's insurer's coverage for hired autos was excess.
Represented an insurance company in persuading the US Court of Appeals for the Second Circuit that, under New York law, the insurer's statutory duty to disclaim coverage under the contingent policy was not triggered until the adversary produced a copy of the other policy in discovery.
Worked with a Lloyd's coverholder to develop and draft a cutting-edge line of specialty accident and disability income policies.
Served as general counsel to a NY-based not-for-profit assisted living provider, including licensing all four of its client residences and helping obtain ALR, enhanced, and special-needs licensure and certification. This included drafting a winning HEAL grant application, resulting in the client receiving $3.8 million from the NYS Department of Health (DOH) to build a new assisted-living facility with enhanced capabilities.
Assisted a client with obtaining amendments to its seed-acquisition authorization and counseled them on interstate commerce in the hemp industry.
Counseled and assisted a client on employment law issues, including intellectual property assignments, nondisclosure, noncompetition, and nonsolicitation agreements.
Counseled a client regarding federal agency jurisdiction and interstate commerce in the cannabis industry.
Assisted with a client's successful application for the regulatory authorization to grow and to process hemp, and counseled the client on internal corporate issues and licensing compliance.
Assisted with a client's successful application for the regulatory authorization to process hemp cannabis.
Created an estate plan for a client whose husband passed away and is currently the subject of a wrongful-death lawsuit. Tailored the plan to the client's individual family needs and unique assets.
Represented an animal-health business in a lawsuit seeking immediate injunctive relief regarding control of manufacturing acquired by an industry competitor. Identified mediation as the best route to restore the client's supply, and, following 20 hours of mediation, reached an approved creative resolution that achieved the client's objectives.
Successfully obtained critical variances for a developer from the City of Buffalo Zoning Board of Appeals for a proposed medical office building despite intense opposition from adjacent property owners.
Defended a utility in a $1 million personal injury action allegedly resulting from a failure to provide municipal lighting.
Providing strategic advice for the replacement of more efficient and cleaner turbines at an existing generating facility, including securing the necessary permit modifications to enable the project to go forward and interfacing with NYSDEC and other state and local agencies to secure the necessary permits and approvals in a timely manner.
Represents an energy storage projects developer in handling all aspects of the projects, including counseling on all siting and permitting issues to ensure the most efficient and successful project development while preserving the in-service dates as well as interfacing with key regulators.
Secured pre-action dismissal of CERCLA and related state laws related to a company's installation of gas and electric utilities with earth-moving equipment that resulted in a persuasive precedent for future cases regarding the appropriate pleading standard for CERCLA cases.
Represented a kitchenware products maker and distributor in an action under the Resource Conservation and Recovery Act (RCRA) as well as common law negligence and willful and wanton misconduct based on the placement of the company's glass cullet on a neighboring property by the co-defendant, a hauler contracted by the company. Ultimately settled the action on favorable terms and avoided protracted motion practice and a likely trial.
Successfully prosecuted appeals to the Appellate Division, Fourth Department and secured summary judgment in favor of an insurance company where the client did not owe any duty to the injured plaintiff.
Successfully defended defendants in multiple complex construction-related accidents, including defending claims under Labor Law § 240, with verdicts taken through trial.
Serve as lead counsel regarding NY permitting for an interstate-pipeline company proposing to expand its existing infrastructure in Pennsylvania, New York, and New Jersey.
Successfully moved to reopen a default judgment that had been taken against a rigging company in a NYSDEC enforcement proceeding and then obtained the voluntary dismissal of the complaint by the agency at the close of discovery.
Obtained summary judgment for a third-party benefits provider for self-funded health- and risk-management plans in a pair of federal civil-rights actions commenced by retired disabled police officers who were challenging the manner in which their medical benefits were paid under Section 207-c of the NY General Municipal Law. The decision granting summary judgment was affirmed by the US Court of Appeals for the Second Circuit. One of the plaintiffs then commenced a near-identical action in NYS Supreme Court against the client. Obtained dismissal of most of the claims in an initial motion, and then obtained summary judgment dismissing the remaining claims. The decision granting summary judgment was then affirmed by the Appellate Division, Fourth Department.
Defended complex mass tort cases through trial that involved deceased plaintiffs. Through intensive investigation, successfully refuted the plaintiffs’ witnesses' testimony, resulting in the dismissal of the case against the client.
Obtained a dismissal of a lawsuit by a student alleging 17 causes of medical malpractice and intentional torts against a private university and its health care center.
Won a complete jury verdict victory of willful infringement of multiple patents and a $62 million judgment for a plaintiff, the patent owner and industry leader in coaxial cable connectors, against its leading competitor. The judgment was affirmed on appeal to the Federal Circuit.
Represented a building owner in a trip-and-fall case involving a 25-year patient of the tenant doctor who allegedly tripped over the hallway runner when exiting the building and whose last demand was for $250,000. The jury found the condition of the vestibule was safe, finding in favor of the client.
Successfully defended a $170,000 claim by a utilities company for damage to equipment during a construction project.
Successfully defended a supermarket chain in a premises liability claim for an injury in a grocery store that was affirmed on appeal.
Successfully obtained a dismissal of a premises liability action against an insurance company after the trial in which the plaintiff sought over $1 million in damages.
Successfully defended an adversaries' appeal of a lower court's denial of an Article 78 petition that sought to reverse the Public Service Commission's denial of retroactive reimbursements to a group of residential developers for certain trenching work used to install utility service. The Appellate Division's decision to affirm the lower court order was particularly important to the utility client because an adverse decision would have potentially caused other developers to also seek retroactive reimbursements, opening the client up to additional claims and damages.
Provided risk-management services to MLMIC-insured hospitals, clinics, nursing homes, surgery centers, physicians, and dentists. Also provided legal guidance to facilities and professionals on a wide range of organizational and patient care issues, including HIPAA and the disclosure of medical information under NY law, EMTALA, peer review, consent for treatment, professional liability, patient discharge/abandonment questions, and the scope of practice.
Represented a federal credit union in the refinancing of over 10 multifamily properties in multiple NYS counties. The loan was secured by two mortgages and involved the assignment and consolidation of multiple prior mortgages with different lenders as well as substantial title and diligence review.
Represents a local manufacturer in ongoing international financing issues.
Represents a local food manufacturer in ongoing asset-based financing issues.
Represents a local entrepreneur in financing and structuring a $10 million downtown business development.
Represents a local developer in financing and structuring a $10 million real estate development.
Represents a money services business in regulatory and operational issues.
Represents a super-regional bank in its $16 million multistate financing.
Represented a super-regional bank in its $13 million line-of-credit restructuring.
Assisted a NYS care coordination organization (CCO) with health care compliance matters during its initial formation and once operational, including assisting with vendor contracting, reviewing data-use agreements and security attestations, corporate matters, HIPAA compliance and policies, and preparing a corporate compliance plan and related policies.
Assisted a NYS care coordination organization (CCO) with health care compliance matters during its initial formation and once operational, including assisting with vendor contracting, reviewing data-use agreements and security attestations, corporate matters, HIPAA compliance and policies, and preparing a corporate compliance plan and related policies.
Obtained a highly favorable settlement for a coalition of NYS transportation-related businesses in a lawsuit against the NYS Workers’ Compensation Board. The coalition was comprised of former members of a group self-insured trust that was fraudulently formed and unscrupulously managed, leading to the insolvency of the trust. The clients alleged the “deficit assessment” issued by the board against the members violated both procedural and substantive due process, several statutory provisions, and common law. Obtained successful motions for stay of enforcement and partial summary judgment and settled related third-party litigation with no exposure for the clients.
Represented an India-based venture capital investor investing in US technology companies.
Represented a manufacturer of air-pollution-control devices for the petroleum refining and marine industries regarding its general contract requirements with companies from Nigeria, Mexico, France, China, and Singapore.
Represented a specialized dairy transport company in its sale of stock to a large Malaysian trucking firm.
Represented an owner, operator, and developer of hydroelectric power projects in its $8.1 million purchase of a Virginia hydroelectric facility, including handling the status and necessary assignment of a US Federal Energy Regulatory Commission (FERC) license as well as the pre-closing investigatory process with regard to potential environmental issues and necessary post-closing connections to the electrical grid.
Represented a Spanish renewable energy provider regarding the restructure of its and its affiliates $27 million in loans, converting a portion into an equity investment and restructuring the balance. Retained by the client's primary counsel to work through the labyrinth of the borrower’s US companies and their charter documents as well as existing loan and security documents so as to effectuate a restructure. Also enforced collateral position when the borrower defaulted on the restructured loan.
Represented a hospitality software business in its $16.6 million sale to a leading provider of software and services.
Represented principals in the $112 million sale of a majority interest in a wholesale optical lab, including confidential negotiations with a supplier, licensor, and competitor as well as extensive management provisions post-closing. Also worked with three firms representing the buyer regarding membership sale and subsequent operational matters, real estate, and anti-trust issues.
Represented an individual in his sale of interest in a car dealership franchise that involved sensitive environmental issues and took over three years to complete, including negotiating all transaction documents.
Represented a purchaser in its acquisition of a packaging supplies and equipment distributor, including negotiating an asset-purchase agreement and ancillary documents, assisting in due diligence, and coordinating and negotiating with debt holders.
Represented an international facilities management company in its acquisition by merger of a janitorial commercial cleaning servicer.
Represents a liquor distillery in connection with its entity formation, corporate structuring, and $300,000 series seed raise.
Represents an airline software operations start-up in connection with its entity formation, corporate structuring, and $1.25 million series seed raise.
Represents a NYC cannabidiol (CBD) products start-up in connection with its entity formation, corporate structuring, and $750,000 series seed raise.
Represented multiple practicing neurological-surgeon entrepreneurs and advised them in connection with their respective ventures, including the commercialization, protection, and subsequent monetization and licensing of their medical-tech intellectual property.
Represents a Canadian distributor of orthotic footwear regarding its US expansion and operations.
Represents an international supplier of injected molded parts with manufacturing facilities in the United States, Mexico, and China regarding its general corporate and contract requirements.
Represented an international manufacturer of frozen Italian food products regarding its day-to-day corporate and contract requirements.
Represented a purchaser in its $408,000 acquisition of a local grocery store franchise and related assets.
Represented a NY industrial automation components and equipment distributor in the $2.3 million sale of its business assets to a New Jersey company.
Represented a national electrical distribution services provider to major festivals, sporting events, concerts, and tradeshows in the $3.46 million sale of its business assets to a DE LLC.
Served as outside counsel to a residential health care facility operator in the $7.5 million sale of a facility and related real property.
Served as outside general counsel to a regional pharmacy, pharmaceutical products, and long-term and assisted living consulting company in a $14 million sale of assets.
Served as company and shareholder counsel in a tuxedo rental company's $1 million sale of assets to a Pennsylvania acquirer.
Served as outside general counsel to a purchaser in the $500,000 acquisition of a gun-care-products company and related intellectual property rights.
Assisted with the restructuring of all secured and unsecured debt related to the $25 million merger of two hospitals, including redeeming and reissuing civic facility bonds, coordinating consents from the PA and NY Departments of Health, and handling all real estate and title insurance work related to financing.
Performed all legal responsibilities related to the $225 million development, construction, and financing of a children's hospital, including negotiating and preparing all development, design, and construction contracts and preparing all loan and real property documentation related to HUD-insured mortgage financing and EB-5 financing.
Prepared a HIPAA business associate manual for a Fortune 100 company's electronic medical record vendor and provided training.
Designed corporate structures for an intellectual and developmental disabilities (IDD) agency to facilitate the telehealth delivery of health care services.
Successfully challenged improper Medicaid rates for an intellectual and developmental disability (IDD) agency that was acquired by a larger agency.
Successfully challenged improper Medicaid rates for an intellectual/developmental disability (I/DD) agency that was acquired by a larger agency.
Represented a client in an $85 million transaction involving the sale of a large medical practice specializing in urology and radiation oncology to a captive medical practice controlled by a large regional hospital system together with all related real estate owned by entities affiliated with the practice. The real estate was purchased by a local developer and leased back to the captive practice pursuant to a master lease.
Successfully defeated a $1.6 million liability arising from an Office of Medicaid Inspector General (OMIG) finding that an intellectual/developmental disability (I/DD) agency documentation was insufficient to support reimbursement it received for services provided.
Served as outside general counsel to a performing provider system (PPS) in the acquisition of a Rochester-area regional health home network.
Served as outside general counsel to a regional commercial trucking business and business owners in the $2 million sale of the business and handled the related real property and employment of the selling business owners.
Served as outside general counsel to a WNY behavioral health provider in its merger with a regional child and adolescent behavioral health provider and in obtaining related regulatory approvals.
Served as counsel to a custom antenna manufacturer involved in positive train control and covert surveillance in its corporate restructuring, ownership change, negotiation of employment agreements, and tax planning.
Served as counsel to a selling shareholder in a $2.7 million buyout of equity in a heating and cooling equipment company and affiliated entities and negotiated the related consulting agreement.
Served as outside general counsel to a purchaser in the acquisition of firearm magazine-loading technology and intellectual property rights and served as issuer counsel in the related $600,000 Regulation D private placement fundraising round.
Served as outside general counsel to a US online test proctoring company in a $5.1 million Canadian cross-border asset sale.
Served as outside general counsel to an insurance agency in its $2.7 million acquisition of two affiliated Rochester-area insurance agencies and the related property lease.
Served as outside general counsel to an insurance agency in its $2 million acquisition of a Rochester-area insurance agency and the related property lease.
Served as outside general counsel to a Buffalo eDiscovery and litigation support company in its $100,000 acquisition of a graphic design and printing company.
Served as outside general counsel to a Buffalo eDiscovery and litigation support company in its $350,000 acquisition of an Ohio-based eDiscovery business.
Served as counsel to a perishable foods broker and marketing company in a $3 million-plus earn-out asset sale and real property lease to a nationwide firm.
Served as counsel to a majority purchaser group in the $7.2 million acquisition of a Rochester-based manufacturer's sales representative for industrial heating, cooling, and generators and affiliated entities.
Served as counsel to a NY Regional Health Information Organization (RHIO) in its merger with another RHIO that doubled the scope of the client's service base.
Served as counsel to veteran-owned, regional construction cost estimators in the $2 million acquisition of a nationally known cost consulting firm. Also handled formalized business succession planning and employment matters.
Served as counsel to a concrete manufacturer and seven affiliated entities in the $40 million sale of substantially all assets to a building materials and aggregates supplier, handling complex environmental and permitting issues connected to the sale of multiple quarries and greenfield sites.
Served as general outside counsel to a software company regarding the sale of 100 percent of its equity interest to a member-focused construction association.
Served as general outside counsel to a development company regarding the acquisition of a facility in Binghamton, New York, as well as financing the facility renovation through traditional construction financing and through the sale of federal and state historic tax credits and obtaining state and local assistance. Handled real property title issues, appropriate historic designations, and the negotiation of the master lease and other equity considerations to facilitate the financing.
Represents a stainless-steel-processing equipment manufacturer and certain members of its closely held ownership in a $10 million shareholder dispute and corporate dissolution action involving competing allegations of corporate misconduct, misappropriation of property, financial irregularities, and other shareholder and fiduciary claims.
Served as general outside counsel to a hydroelectric power project owner and developer regarding the $80 million acquisition of several hydroelectric facilities located on Maine’s Kennebec River. Handled real property title issues, obtaining necessary approvals of the assignment of US Federal Energy Regulatory Commission (FERC) and state regulatory licenses, and labor union issues as well as the pre-closing investigatory process with regard to potential environmental and regulatory issues and post-closing issues with management companies.
Served as general outside counsel to a NY-based owner-operator of post-acute health care facilities regarding the $10 million acquisition of a nursing facility in Brockport, New York, and the acquisition financing, including title matters and restrictions and required NYS Department of Health and Attorney General approvals.
Served as counsel to a perfume and cologne manufacturer regarding its sale of assets to a private equity-owned distributor of flavor and fragrance ingredients.
Represented a super-regional lender in a $12 million+ loan involving the acquisition of an out-of-state assisted living facility. The closing was under an extremely compressed timeframe with multiple parties, and, given the fact that the collateral was out of state, various regulatory issues needed to be resolved. The transaction was successfully closed within the required time parameters.
Served as general outside counsel in financing a transaction that included equity rights to a specialized venture capital group that provides financial assistance to energy-related industries. Relevant issues included real property title, environmental, and intercreditor agreements.
Served as general outside counsel to a nursing home and rehabilitation center regarding the acquisition of the operating assets of another residential nursing home and rehabilitation center and related real property located in New York City as well as the financing of the acquisition, including title matters and restrictions, required NYS Department of Health and Attorney General approvals, and the client acting as a receiver for the subject facility with the consent of the DOH.
Assisted a client with relocating and consolidating its separate hemp-based cannabis operations, including environmental diligence for the property acquisition and preparing the client's successful application to the amended regulatory authorization.
Successfully negotiated an industrial hemp agricultural forward agreement involving the purchase of over $1 million of NY-grown hemp biomass cultivated during the 2019 growing season.
Assisted with a client's successful application for the regulatory authorization of hemp-related activities and advised on all matters pertaining to the organization's start up, staffing, security, operations, and tax issues involved in the business.
Represented a principal and a long-standing local business in the sale of the principal's 100 percent membership interest, negotiating the sales contract and consummating the entire transaction, including financial assumptions, vendor consents, and negotiating a new lease and employment contract. The result of the transaction assured the orderly transition of the company to another entity and the continuation of the company for the benefit of the community and the employees.
Represented a bank in a construction loan involving mixed-use property in Rochester, New York. The $11 million transaction involved a SWAP component, negotiating borrower and guarantor recourse issues, and resolving title issues.
Assisted a receiver in liquidating the assets of a garbage collection business and handling environmental and wage issues connected to the business. Assisted the receiver in collecting over $2.5 million, which resulted in full payment to all secured creditors with a small dividend to unsecured creditors.
Successfully defended a multinational corporation against a lawsuit claiming the operation of a 13,000+ acre underground mining operation had not been subjected to an adequate environmental impact review.
Serves as counsel for a medical device start-up in connection with its $3 million Series B Regulation D, Rule 506 accredited investors equity round. Also served as counsel in its $3.6 million Series A round. The Series B round involves the preparation of various documents, including preemptive rights notices, an amended and restated operating agreement, subscription agreements, authorizing resolutions, and the creation of a post-funding equity incentive plan.
Served as outside general counsel to a purchaser in the acquisition of Oklahoma taco restaurant franchises and related business assets collectively valued at $2.8 million.
Served as outside general counsel to sellers in a $15 million sale of 25 hamburger fast food restaurant franchises and related business assets to an Oklahoma purchaser.
Served as outside general counsel for nursing home facilities and related sellers in a $45 million multiyear, progressive equity sale of nursing home entities and in the NYS Department of Health (DOH) regulatory approval process.
Served as local NY counsel to a Canadian client in a $9.4 million cross-border acquisition of a food manufacturer and related real estate.
Served as outside general corporate counsel to a commercial cooling, heating, and ventilation systems manufacturer in acquiring $1 million business assets from a New York wholesale air conditioning supplies company.
Represented a US exports company in its Regulation D, Rule 506 private placement fundraising rounds and subsequent $25 million cross-border stock sale to a Canadian purchaser.
Served as outside general corporate counsel to a safety equipment distributor regarding negotiating and preparing an asset purchase agreement in which the client purchased inventory and intellectual property worth $3.3 million from a safety equipment distribution company in Pennsylvania.
Served as outside general corporate counsel to a safety equipment distributor in its $3 million acquisition of a safety equipment distribution company in Indiana.
Represented a music distribution and licensing company in the $2.5 million sale of its business assets, including intellectual property and other proprietary rights in various recordings and musical compositions.
Advising a client on the tax implications of operating an industrial hemp business, including analyzing Section 280E of the Internal Revenue Code.
Successfully opposed portions of a motion to approve bidding procedures for a sale of assets.
Assisted a client's wholly owned subsidiary in submitting a NY Department of Agriculture & Markets, Plant Industry Division application for authorization to process hemp, resulting in successful licensure.
Represented a large private university in Upstate New York on its rights to insurance coverage with regard to multiple sexual harassment claims.
Represented the City of Watertown in a lawsuit from Ives Hill Country Club seeking to invalidate a public-property lease the client had entered into with a for-profit enterprise on the basis of statutory and constitutional grounds. The firm cross-moved for judgment, successfully obtaining a denial of Ives Hill's motion with the court granting the City of Watertown's cross-motion and dismissing the case.
Obtained summary judgment in a toxic-exposure and NYS Labor Law case with significant injuries claimed.
Represents a residential hamlet and a town to establish a water district and to finance improvements pursuant to NYS Town Law, including SEQRA compliance, governmental permitting, and USA Rural Development Agency finance.
Counseled a private liberal arts college on its overseas program, including relationship-building and documenting agreements for the provision of educational instruction at partner institutions overseas.
Obtained summary-judgment dismissal of a complaint against the county and district attorneys that sought $9 million in damages for malicious prosecution.
Successfully defended action brought by a consortium of environmental groups challenging the environmental review and permitting conducted by the NYS Department of Environmental Conservation for the resumption of operations of a historically coal-fired electric generating facility on natural gas. Secured a successful outcome before the lower court that withstood appeal following the Appellate Division's granting of the motion to dismiss the appeal as moot.
Assisted client in applying for and obtaining registered organization status as one of the first five registered organizations authorized to grow, produce, and distribute in NYS under the NYS Compassionate Care Act. Continuing working on maintaining status and assisting with regulatory compliance. Researched pharmaceutical-grade honey for use in a medical lozenge. Handling facility issues.
Negotiated a facility lease for a hemp processing manufacturer.
Assisted with real estate leasing and property options for facilities, including production for CBD isolates.
Counseled a client in preparing for obtaining an industrial hemp growing license, including citing, materials, and an agriculture application.
Assisted with a client's successful application for the regulatory authorization to process hemp cannabis on behalf of its wholly owned subsidiary.
Successfully prosecuted a chronic care Medicaid application and protected a modest amount of assets for a client. Also performed forensic accounting to assure no prior gifts would contaminate the client’s plan, helped the family avoid probate, protected life insurance and qualified funds, and reviewed and approved the Medicaid determination.
Helped a paraplegic move into his daughter’s home, successfully obtain Community Medicaid, and obtain 24/7 care paid for by the Community Medicaid. Also secured rights for the client's daughter to charge him $3,500/month in rent.
On behalf of the New York Land Bank Association, drafted five successful amendments to Article 16 (The Land Bank Act) of the Not-For-Profit Corporation Law that were signed into law by Gov. Andrew Cuomo.
Defended Native American police officers in an excessive-force lawsuit filed in federal court. Obtained complete dismissal of the case on summary judgment after discovery.
A former employee of a Central New York hospital system filed a charge of discrimination with the United States Equal Employment Opportunity Commission claiming sex and disability discrimination. After the investigation, the EEOC dismissed the charge of discrimination.
Represented a private, not-for-profit professional counseling and prevention services provider in an administrative discrimination claim brought by a former employee claiming religious discrimination and retaliation before the Equal Employment Opportunity Commission (EEOC). The EEOC denied the substantive allegations and dismissed all claims.
Represented a Central New York not-for-profit health care center in an administrative discrimination claim filed with the New York State Division of Human Rights (NYSDHR) and United States Equal Employment Opportunity Commission (EEOC) by a former employee claiming disability discrimination. The NYSDHR denied the substantive allegations and found no probable cause of discrimination. The company requested the EEOC adopt the findings of the NYSDHR and is awaiting dismissal of the federal claim.
Successfully challenged four "serious" citations of alleged violations of OSHA's hearing conservation program standards, resulting in the withdrawal of one citation, the reduction of three citations to "other than serious," and a 50-percent fine reduction, on behalf of a hardwood flooring manufacturer.
Successfully negotiated a favorable outcome for a multifamily housing developer amidst a final administrative penalty order by the United States Army Corps of Engineers.
Successfully prosecuted an Article 78 proceeding, annulling area variances and site plan approval for the abutting commercial development.
Prepared a Condominium Offering Plan for a newly constructed condominium and related amendments.
Successfully prosecuted hundreds of mobile home park evictions for a national real estate investment trust (REIT).
Successfully defended an Article 78 proceeding challenging the zoning board's interpretation appeal regarding the permissibility of a code blue shelter in the downtown district of a town in Fulton County, New York.
Obtained a site plan approval and temporary conditional permit for a kennel and dog daycare facility.
Obtained a SEQRA negative declaration, rezoning, and site plan approvals for a multifamily housing development, including coordination with neighborhood stakeholders to build consensus.
Obtained a special use permit for used car sales on behalf of a business in Tonawanda, New York.
Obtained a special use permit and manufacturing license for a brewery, including a branch office permit for the on-premise restaurant.
Defended a municipality in a plenary action seeking to annul a land use moratorium, obtaining a pre-answer motion to dismiss.
Successfully defended a power plant owner in a dispute involving the construction of a 309-megawatt natural gas-fired, combined-cycle plant against contractor claims of $35 million and asserted claims against the contractor. A favorable settlement was achieved that resulted in the dismissal of lawsuits and closeout of the project.
Represented the owner, organizer, and producer of a US tradeshow for people with disabilities and the seller in the negotiation and sale of meetings, events, tradeshows, and exhibitions and related digital properties to a UK-based media business.
Successfully obtained dismissal on summary judgment of a claim for a $2 million "finder's fee" arising from the sale of a pharmacy business.
Represented a long-standing Orchard Park specialty technical manufacturer in the successful sale of its equity and real property to a private equity platform.
Represents a small lawn care company in a breach of contract suit brought against a commercial property management company seeking to collect payment for extensive work on several properties throughout Western New York. The Supreme Court of Erie County denied the defendant's motion to dismiss, holding that the contract was so offensive to the public policy of New York that the court retained jurisdiction despite Arizona being designated in the contract as the controlling law and forum.
Successfully settled a trademark infringement case in the Northern District of New York for a large background screening and risk mitigation service company. As a result of the settlement, the defense agreed to dismiss three oppositions to their client's pending trademark applications, stop using the trademark, and refrain from conducting business in New York, New Jersey, and Connecticut.
Represent landlords of one store in Retailing Enterprises, LLC (Invicta Stores) bankruptcy cases.
Represent landlords of five stores in David's Bridal, LLC bankruptcy cases.
Represent landlords of two stores in Christmas Tree Shops, LLC bankruptcy cases.
Represent landlords of 29 stores in Bed Bath & Beyond Inc. bankruptcy cases.
Represent landlords of 20 stores in Party City Corporation bankruptcy cases.
Handle appeals for minority and women-owned business enterprise (MWBE) certifications.
A lawyer was investigated for misrepresentation in the use of a judicial subpoena during the course of a family court custody dispute. The principal counsel of the Grievance Committee initially sought a formal disciplinary referral to the court, but after reading our initial submission, changed the recommendation to private discipline. We submitted a comprehensive response on behalf of the client and appeared at a Grievance Committee meeting to argue the client’s case. The committee voted to disregard the recommendation of its principal counsel and declined to impose any discipline on the client.
Represented a lawyer who was temporarily suspended for failure to cooperate with an investigation into the lawyer’s IOLTA account. Prepared an Order to Show Cause and supporting papers and convinced the court to stay the suspension and then formally deny the motion of the principal counsel of the Grievance Committee for the temporary suspension. The temporary suspension was lifted within one week of the engagement, and all reference to the suspension was removed from the lawyer’s Unified Court System profile.
Represented a lawyer not admitted in New York State who was charged with violating the advertising rules, including soliciting victims of a mass tort within 30 days of the event. Following an investigation and review of our submissions, the client was able to avoid any discipline being imposed or even a report by the Grievance Committee to the lawyer’s home state.
Represented plaintiffs, comprised of individual citizens and former and current elected officials, who sued various county boards of elections alleging that Election Law 8-400 was unconstitutional as amended.
Represented a commercial tenant in an action they commenced seeking declaration they were not in default of commercial leases and were thus entitled to injunctive relief pending the outcome of the litigation.
Represented the defendant in a defamation case brought against them for posting a "lookbook" to their website that included the plaintiff's name and photo. After discovery, including several depositions and various discovery motions, and denial of the plaintiff’s motion to amend complaint and reconsideration motion, the court granted the defendant's summary judgment motion dismissing the lawsuit.
Defended the client in a claim by an alleged whistleblower for retaliatory termination against his former employer and the president of the board of directors at the time of termination.
Represented a defendant sued by the New York State Thruway Authority for four wind turbines that failed after installation, claiming malpractice, breach of contract, and negligence and seeking over $8 million in damages plus interest and collection fees. The client obtained summary judgment based upon the expiration of the statute of limitations.
Obtained pre-answer dismissal of claims against a life insurance carrier that its agents had misrepresented the cost and probable return on flexible premium adjustable benefit life insurance policies.
Represented a full-service mid-sized cutting tool company in the acquisition of a carbide manufacturer to enhance existing product and service offerings. The transaction involved pre-closing transfers to trust stockholders, rollover of stockholder equity, and employment agreements for key target company employees with equity option awards in the acquirer's parent.
Represented a purchaser in the acquisition of a manufacturer of multifunctional loop accumulation systems and conveyor systems, which involved handling extensive New Jersey environmental approvals and ongoing state and federal environmental compliance issues.
Assisted a family investment firm in the acquisition of a commercial printing company located in Upstate New York for a total purchase price of approximately $20 million. This transaction involved a private equity placement and bank financing to fund the purchase price and the purchase of representation and warranty insurance that was sourced through Alliant Insurance Services, Inc.
Represented the seller in the sale of a hardware and electronic security distribution business in Upstate New York.
Representing a not-for-profit rural health care enterprise in restructuring and corporate governance matters.
Successfully obtained dismissal of the complaint and denial of a motion for leave amend in a matter against a health services provider and individual administrator concerning an alleged delay of medical treatment where the complaint asserted claims under 42 USC 1983, Article 26 of the Massachusetts Declaration of Right, and the Massachusetts Tort Claim Act.
Represented a large private university in connection with age discrimination and related state-law claims brought by a former professor. The district court dismissed the claims, the First Circuit affirmed, and the First Circuit denied the plaintiff’s petition for rehearing and petition for en banc review. In its affirmance, the First Circuit agreed that the plaintiff’s wrongful termination claims were time-barred, also finding that the plaintiff failed to demonstrate error regarding the district court’s conclusion that any failure-to-hire claim had not been properly exhausted and failed to state a plausible claim of retaliation.
Represented a provider in a disability discrimination claim brought by a former patient before the New York State Division of Human Rights. The complainant claimed the provider refused to accommodate her medical condition by making her wear a face mask due to COVID-19. After the investigation, the New York State Division of Human Rights found no probable cause to believe the patient's rights were violated.
Represent landlords of 143 stores in Ascena Retail Group, Inc. bankruptcy cases.
Represent landlords of six stores in CEC Entertainment, Inc. (Chuck E. Cheese) bankruptcy cases.
Represent landlords of 11 stores and vendors in Ruby Tuesday, Inc. bankruptcy cases.
Represent landlords of 19 stores in J. C. Penney Corporation, Inc. bankruptcy cases.
Represent landlords of 13 stores in Tailored Brands, Inc. bankruptcy cases.
Represent landlords of 83 stores in GNC Holdings, Inc. bankruptcy cases.
Represent landlords of two stores in YouFit Health Clubs, LLC bankruptcy cases.
Successfully reduced the number of serious OSHA citations received by an urgent care provider for violating the Healthcare Emergency Temporary Standard from 19 to three, and reduced the client's fine by 60 percent.
Successfully obtained summary judgment dismissal of the action with prejudice. After the client, a distributor of automotive products and solvents, made a prima facie showing of entitlement to summary judgment based on indemnity agreements and pass-through liability theory of defense, the plaintiff failed to demonstrate that the client had any independent liability for which it was not entitled to indemnification from the product manufacturer(s).
Successfully assisted with defending an appeal of the siting board's approval for a 340-megawatt, 83-turbine wind farm project.
Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel on environmental issues, Barclay Damon is working with the client to develop Article VII application materials for its offshore wind project.
Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel on environmental issues, Barclay Damon is developing the Article VII application materials for the offshore wind project. We are also assisting in its participation in the NYISO Class Year facilities study process.
Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel, Barclay Damon has prepared and filed an Article VII application for a part of the offshore wind project, is responding to a deficiency letter from DPS staff, and is answering questions from DPS staff to ensure the completion of the application. We have also assisted the client with the posting of security in the NYISO Class Year Facilities Study for the offshore wind project as well as the negotiation of support services agreements with another energy company and the negotiation of the interconnection agreement for that facility. Barclay Damon also filed a petition with FERC seeking an extension in the period for achieving commercial operation to be stated in that interconnection agreement.
Representing the New York Power Authority (NYPA) on rebuilding a major 100-mile transmission line (known as the Smart Path Connect Project) designated by the Public Service Commission (PSC) as a “priority transmission project.” In partnership with National Grid as a co-applicant, we represented NYPA in preparing and filing the Article VII application for the project and participated in months of settlement negotiations with various state agencies and stakeholders, which resulted in a joint settlement. Construction on the project commenced in October 2022. Our attorneys continue to work on various compliance studies and filings for this priority transmission project.
Defended a homeowner against claims he caused serious injuries to the plaintiff while operating his lawn mower. There was an ongoing boundary line dispute between the plaintiff and the defendant. Following a bifurcated jury trial, the jury returned a unanimous verdict in favor of the defendant, finding that he was not negligent.
Representing the New York Power Authority with respect to the siting and construction of a rebuild of an 86-mile-long transmission line that traverses 15 municipalities. Barclay Damon attorneys prepared and finalized the Article VII Application, assisted the NYPA with supplementing filings to achieve a “complete” application, handled the discovery phase, and led months of settlement conferences. The settlement negotiations culminated in a joint proposal for settlement support by all of the active parties and state agencies. A CECPN was issued by the PSC without the need for an evidentiary hearing. We then assisted the NYPA in the preparation of the Environmental Management and Construction Plans (EM&CP) for the project, which were also approved by the PSC. Construction is currently ongoing for this project. We continue to support the NYPA with compliance issues during construction.
Represented a client in asserting its trademark rights against a tour management company relating to the title of its nationwide hip-hop concert tour, which featured several top Billboard artists, resulting in the company’s rebranding of the tour, settlement payment, abandonment of its pending trademark applications, and agreement to cease use of our client’s trademark.
Secured the dismissal of an inmate's Fourteenth Amendment claims against a health care provider based on the inmate's failure to state a claim for subjective deliberate indifference.
Successfully represented several NYS fiscal intermediaries before OPWDD, resulting in the cessation of withholding 20 percent of non-Medicaid local assistance payments.
Successfully obtained injunctive relief during the COVID-19 shutdown on behalf of an OPWDD provider enjoining the determination of DOH and OPWDD not to recalculate the provider’s recently issued group day habilitation Medicaid reimbursement rate. The matter was ultimately remanded for a recalculation of the rate.
Served as an investigator for several private secondary boarding schools in connection with allegations of sexual misconduct between former faculty and students.
Investigated claims of sex discrimination by a faculty member against her university department.
Served as a Title IX appeal officer for a private university.
Served as an independent fact finder for the University-Wide Committee on Sexual Misconduct (UWC) for a large private university.
Assisted in the preparation of COVID-19 protocols for use by member institutions of a higher education consortium.
Represented an administration member of a public university with respect to a governmental investigation related to compliance matters.
Represented several private universities in New York State in connection with compliance requirements for various governmental incentive programs.
Represented a private university in New York State in connection with an NCAA investigation.
Represented a private university in New York State in connection with criminal investigations involving accusations against staff members.
Represents universities and individuals in connection with National Collegiate Athletic Association (NCAA) compliance matters.
Obtained a no probable cause determination from the NYS Division of Human Rights for a complaint filed by an applicant with a prior criminal conviction who applied for over 100 positions with the university.
Obtained withdrawal of complaint filed with the NYS Division of Human Rights by a former employee of a private university alleging discrimination on the basis of his disability and associational disability discrimination. Successfully obtained the withdrawal with no concessions made by the university.
Obtained a no probable cause determination from the NYS Division of Human Rights in an alleged disability discrimination and failure to accommodate complaint filed by a student who engaged in academic misconduct while taking an exam.
Obtained a no probable cause determination for a private university in an alleged disability discrimination, failure to accommodate, and retaliation complaint filed by a former employee with the NYS Division of Human Rights.
Successfully negotiated a resolution on behalf of a private university of federal claims involving allegations of gender discrimination and erroneous outcome violations under Title IX as well as state law contract, constitutional, and tort claims.
Obtained arbitration award in favor of a large, private Massachusetts university denying a former professor’s grievance concerning notice of nonrenewal.
Obtained federal court dismissal (and affirming decision of First Circuit) of age discrimination and related claims brought by a former professor against a large, private Massachusetts university.
Represented a health care provider in an audit of patient records by an insurance company that alleged approximately $400,000 in overpayments. The insurance company rescinded its determination regarding the overpayment, and the client was not required to repay any of the alleged overpayments.
Successfully obtained summary judgment dismissal with prejudice of a personal injury action involving allegations of asbestos exposure. Defense counsel secured a favorable testimony on cross-examination of a product identification witness that demonstrated the plaintiff could not have been exposed to asbestos from the client's product.
Advised a state agency in its role as an involved agency under SEQRA for a controversial new hospital project, during which we provided strategic advice throughout the environmental review process, including interfacing with the applicant and assisting with the development of a defensible environmental impact statement (EIS), which ultimately led to having all claims in the subsequent legal challenge dismissed against the state.
Successfully achieved a $3 million reduction in assessed value relating to hydro assets owned by an independent power producer, securing a significant refund and multiyear agreement to keep assessed values lower and stable for the term resulting in reduced property tax burden.
Successfully achieved a $12 million reduction in assessed value relating to hydro assets owned by an independent power producer, securing a significant refund and long-term agreement to keep assessed values lower and stable for the term, resulting in a reduced property tax burden.
Successfully achieved a $21 million reduction in assessed value relating to hydroelectric assets owned by an independent power producer, securing a significant refund and a long-term agreement to keep assessed values lower and stable for the term, resulting in a reduced property tax burden.
Obtained dismissal of an inmate's Fourteenth Amendment claims against health care providers based on the inmate's failure to allege deliberate indifference against individual providers and failure to set forth a Monell claim against the health care entity.
Successfully counseled an insurer-client and convinced insured's counsel regarding pursuit of coverage for a grave-injury suit under the opposing insurer's unlimited employer's liability coverage while successfully navigating anti-subrogation rule. Obtained an appellate-level decision affirming that this unlimited coverage had been triggered.
Handled a union election and union deauthorization election.
Defended a store in a claim of discrimination by a customer alleging refusal to serve and the use of racial epithets before the Massachusetts Commission Against Discrimination. Obtained dismissal on the client's behalf.
Successfully appealed a trial court's denial of a hospital's motion to compel arbitration of an employment dispute.
Conducted an internal investigation of an agency's policies and procedures in handling discrimination allegations and diversity, equity, and inclusion issues at the behest of the CEO. An investigation and review were conducted and a summary was given to the CEO recommending new policies and procedures to improve diversity, equity, and inclusion efforts.
Handled an internal sexual harassment and hostile work environment investigation for a not-for-profit agency and provided training on sexual harassment prevention.
Represented a client in the litigation of complex noncompetition and confidentiality issues and wage claims involving commissioned salespeople.
Represented a private university in an arbitration involving a former professor’s grievance that his notice of nonrenewal was untimely and that he was entitled to another three-year contract. Successfully obtained an arbitration award in favor of the university denying the former professor’s grievance.
Represented a private university in connection with age discrimination and related state law claims brought by a former professor. The district court dismissed the claims, and the First Circuit affirmed. In its summary affirmance, the First Circuit agreed that the plaintiff’s wrongful termination claims were time barred. The First Circuit also found that the plaintiff failed to demonstrate error as to the district court’s conclusion that any failure-to-hire claim had not been properly exhausted and failed to state a plausible claim of retaliation. The court further affirmed dismissal of the state law claims on the grounds that they should not be discretionarily entertained and for the appellant’s failure to establish the requisite amount in controversy.
Represented the defendant, a barbecue restaurant chain, in an action commenced in the Superior Court of New Jersey, Essex County, in which a former male employee alleged discrimination based on sex, sexual orientation, gender expression, and intentional infliction of emotional distress. After the conclusion of discovery, the defendant moved for summary judgment. The Superior Court of New Jersey granted the defendant's motion and dismissed all claims.
Obtained a successful dismissal of a sexual discrimination and retaliation charge brought against a not-for-profit organization before the United States Equal Employment Opportunity Commission (EEOC).
Represented a mechanical contractor in a whistleblower complaint filed against them with the Nevada Occupational Safety and Health Administration. The matter was successfully settled with a minimal monetary payment and no admission of liability.
Represented an autism services provider being charged for allegedly violating Section 8(a)(1) of the National Labor Relations Act (NLRA) by terminating an employee in retaliation of the employee's protected concerted activities. After investigation, the National Labor Relations Board (NLRB) found no evidence of concerted activities nor animus toward individual concerns the complainant expressed about staffing and other workplace issues. The NLRB found that our client discharged the complainant because she refused to sign a performance improvement plan.
Represented a barbeque restaurant when a verified complaint was filed with the New York State Division of Human Rights (NYSDHR) and the United States Equal Employment Opportunity Commission (EEOC) claiming unlawful discriminatory practices relating to employment because of gender identity expression, race and color, sex, sexual orientation, and domestic violence victim status. After investigation, the NYSDHR concluded there was no probable cause that the discrimination occurred and dismissed the matter. The EEOC adopted the findings of the NYSDHR and dismissed the federal claims. The complainant was not employed by the barbeque restaurant, but rather was employed by a food ordering and delivery company and was arguing that he should be considered an employee of the barbecue restaurant.
Represented a publicly traded pharmaceutical manufacturer in the drafting and negotiation of international product development agreements as well as patent and know-how license agreements.
Represented a Fortune 500 energy company in drafting, negotiating, and successfully closing a multimillion-dollar asset purchase agreement for the acquisition of a solar-power generation site.
Representing a hospital system in developing and implementing a product champion program for its physician-inventors, including filing patent applications, providing counseling for the procurement of prototype development services and business development consulting services, performing a legal review of marketing platforms, and drafting and negotiating commercialization agreements.
Represented a multinational automotive and defense manufacturer, providing counseling and advice with respect to its internal processes and procedures for the processing of personal employee data by its divisions located in various states of the United States.
Represented a Fortune 500 energy company, handling the revision and negotiation of contracts related to the development, supply, and licensing of energy systems and related technologies.
Represented a gaming software manufacturer, preparing a service agreement for hiring freelance developers and handling the revision and negotiation of a product development agreement with a gaming solution provider in the casino industry.
Represented an educational organization in revising and negotiating a master services agreement (MSA) and statement of work (SOW) relating to information technology support for a network of over 20 schools.
Representing a university in the drafting and negotiation of a wide range of information technology agreements, including the acquisition, implementation, and maintenance of a multicampus unified communications system operable through voice over internet protocol (VoIP).
Successfully defended a medical device manufacturer against an infringement claim brought by a licensor of enterprise resource planning software, securing an amended software license agreement that clarifies the scope of the permitted use.
Representing an offshore provider of a teaching and learning platform, handling the review, revision, and counseling for the provider’s SaaS agreements with various universities in the United States.
Represented a financial technology company in preparing and implementing an array of contracts between affiliated banks, credit processors, payment processors, cloud hosts, and end-users.
Represented a health care consulting company in drafting and negotiating a platform services agreement for procuring a white label instance of an online platform for managing patient risk, capturing governmental reimbursements, and reducing the risk of noncompliance with reimbursement regulations.
Represented a software manufacturer in drafting a master license agreement (MLA) and service level agreement (SLA) related to its software as a service (SaaS) for the management of data in energy and exploration businesses within the oil and gas industries.
Represent a manufacturer of software and hardware in the media and broadcasting industry, structuring, drafting and negotiating a wide range of agreements, including software-as-a-service (SaaS) agreements, service level agreements (SLAs), end user license agreements (EULAs) and application developer program agreements.
Representing a global clinical trial data management company in structuring, implementing, and updating its online and web portal terms (addressing the European Union’s General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the US Health Insurance Portability and Accountability Act (HIPAA) and other privacy-related laws), including the preparation of a multinational privacy policy, privacy notice, cookie policy, terms of use, and portal terms.
Representing a provider of cloud-based health care solutions, preparing workflows, agreements, and policies and templates regarding deal flow, quoting, master licensing, subscriptions, business associates, resales, referrals, terms of use, acceptable use policy, privacy policy, enrollment terms, information sensitivity policy, and employees.
Settled a lawsuit against an energy client arising from alleged wrongful maintenance of a gas tank at the plaintiff's residence.
Obtained dismissal on summary judgment of strict liability and negligence claims involving the defendant's domestic animal.
Successfully obtained a stipulation of discontinuance with respect to a third-party action filed against a title abstract company client.
Secured a favorable settlement of medical malpractice claims arising out of the death of the plaintiff's decedent with nominal contribution from the client.
Successfully defended at trial a propane gas distribution company from allegations of negligent maintenance and testing of a residential propane tank. The defendant allegedly improperly tested the gas line for leaks, permitting a build-up of propane gas, resulting in an explosion and the death of the occupant. At trial, through the use of a defense expert testimony and witnesses, the jury heard testimony that the fire was not started by an explosion but by another unknown source, which resulted in an explosion of combustibles. Further, the smell of propane, about which the decedent complained, was caused by the decedent’s improper use of the propane system but did not indicate a leak in the system. Two defendants resolved the matter prior to trial. The sole remaining defendant was found not negligent and a no cause was rendered by the jury.
This matter involved a deceased plaintiff, whose estate claimed that the decedent was exposed to asbestos. Through significant investigation, we deposed a nonparty witness, whose testimony was part of our basis for moving for summary judgment. The pending motion highly influenced a successful resolution of the claim that was a long and contested case.
Prepared and orally argued the motion for summary judgment and prepared the appellate brief to the New York State Appellate Court, Fourth Department in Gorzka v. Insulation Distributors, Inc., et al, which ultimately made law in New York that a plaintiff’s failure to identify a defendant in responses to interrogatories is an admission that the plaintiff was not exposed to the defendant’s products. This is case law routinely relied upon by defendants in asbestos litigation.
Secured the dismissal of an inmate's Fourteenth Amendment claims against health care providers based on failure to allege deliberate indifference to dental needs.
Obtained the dismissal of an inmate's Fourteenth Amendment claims against health care providers based on the inmate's failure to allege municipal liability and failure to state a claim for deliberate indifference.
Represented clients in a Chapter 11 bankruptcy case, which was converted into a Chapter 7 bankruptcy. Each client had a pre-needs deposit for funeral-related services.
Represented clients in a Chapter 11 bankruptcy case, which converted into a Chapter 7 bankruptcy case. Each client had a pre-needs deposit for funeral-related services.
Successfully obtained the dismissal of a $2.3 million preference lawsuit on behalf of a client, a leader in the national commercial toll management industry. Successfully asserted defenses of a preference action, as set out in the bankruptcy statute, 11 U.S.C. § 547, through the lens of the client’s business.
Obtained dismissal with prejudice of federal Defend Trade Secrets Act (DTSA) claims against our client, in a $200 million action pending in US District Court for the Southern District of New York. Plaintiff claimed defendants, including our clients, misappropriated trade secrets and violated alleged fiduciary duties in connection with the establishment of a stock index identifying opportunities to invest in publicly traded shares based upon the brand value of the issuing companies. The court held that the pleading did not state a federal claim under the DTSA, denied the plaintiff leave to re-plead, and dismissed all related state law claims.
Defended franchisee of an economy motel chain in ADA website accessibility lawsuit.
Represented Canadian purchasers in their acquisition of a New Jersey-based sublimated apparel company and handling of cross-border transaction structuring issues.
Obtained NYS Attorney General approval for filing of a Certificate of Amendment and sale of real property for a charitable organization, and represented the charitable organization in the sale transaction.
Secured the dismissal of a patent infringement case commenced against a global manufacturer of telecommunication products without having to make a monetary payment.
Represented a client in a breach of agreement claim, which was resolved in arbitration. The client was later sued in district court for fraudulent conveyance theories.
Obtained summary judgment and dismissal of inmate's Eighth Amendment claims against health care providers based on failure to exhaust administrative remedies under the Prison Litigation Reform Act and failure to otherwise establish any undue delay or subjective deliberate indifference.
Secured discontinuance of insurer's subrogation claim, alleging breach of contract, breach of duties under the Carmack Amendment (49 U.S.C. Sec. 14706), and breach of bailment for de minimis settlement based on role as freight co-broker, as evidenced by subject insurance policies, indemnity provisions, and certificates of insurance.
Obtained a no probable cause determination for a former employee in an age discrimination case before the NYS Division of Human Rights.
Former employee asserted claims of discrimination based on race and color, family status, sex, and disability. Former employee also claims retaliation for having opposed illegal discrimination in the workplace. After investigation by the New York State Division of Human Rights (including submission of Position Statement, documents, and interviews), the New York State Division of Human Rights found No Probable Cause to believe that discrimination or retaliation occurred.
Successfully defended a major hotel against an employment discrimination claim.
Successfully defended hospitality client against employment discrimination claim.
Represented a client in disability and family status discrimination claims filed by a former employee before the New York State Division of Human Rights, who found no probable cause that the client engaged in or is engaging in discrimination.
Represented a barbeque restaurant in a lawsuit filed by a former employee alleging sex and sexual orientation discrimination, sexual harassment, and retaliation. After the conclusion of discovery, the restaurant moved for summary judgment, and the court granted summary judgment in full.
Former employee filed sexual harassment claims (hostile work environment and quid pro quo) with the United States Equal Employment Opportunity Commission. After investigation, the United States Equal Employment Opportunity Commission concluded that there was insufficient evidence to establish a violation of Title VII of the Civil Rights Act.
Counseled a licensee in New York State Liquor Authority enforcement action alleging violation of COVID-19 restrictions imposed by an executive order.
Persuaded the United States Trademark Office to withdraw refusal and obtained federal trademark registration for the design of client's candy product.
Litigated breach of contract and breach of implied covenant of good faith and fair dealing resulting in case being dismissed.
Litigated labor and employment claims resulting in case being dismissed.
Litigated a restrictive covenant case that resulted in the case being dismissed.
Litigated fair labor dispute with the Office of the Attorney General Fair Labor Division and settled case.
Litigated multiple PTO and wage claims and settled the case.
Litigated EEOC practice group claims before the case was ultimately dismissed.
Litigated labor and employment claims on behalf of an office supply company.
Litigated non-compete and restrictive covenant claims and settled the case.
Litigated discrimination and wrongful termination claims and settled case.
Litigated discrimination claims resulting in case being dismissed.
Litigated discrimination claims resulting in the case being dismissed.
Litigated EEOC claims of sexual harassment resulting in the case being withdrawn.
Litigated Equal Employment Opportunity Commission claims of discrimination.
Litigated EEOC claims of discrimination resulting in the case being withdrawn.
Litigated EEOC claims of discrimination resulting in the case being dismissed.
Litigated Equal Employment Opportunity Commission claims of discrimination, which resulted in the case being dismissed.
Litigated Equal Employment Opportunity Commission claims of discrimination, which resulted in the case being dismissed.
Represented a national, multifamily hospital company in an Equal Employment Opportunity Commission discrimination action.
Litigated workers' compensation claims and settled case.
Litigated tortious interference claims and settled the case.
Litigated wrongful termination and whistleblower claims resulting in the case being dismissed.
Litigated noncompete claims and won court injunction in favor of the client.
Litigated wage and hour claims and settled after mediation.
Represented a top-tier law firm in an investigation brought forth by the Department of Labor.
Represented an international gaming company in a dispute over licensing.
Represented a former partner with a law firm in a dispute over contingency fees.
Mediated a claim against a multinational consumer goods company brought by a pharmaceutical company in the American Arbitration Association.
Represented a technology company in a dispute arising out of claims asserted against the company and a selection of its officers.
Representing nationwide hospital and health care provider and its entities in suit brought by former nurses and doctors regarding retirement and agreed-upon pension.
Represented an international electric company against agreement breach claims.
Assisted in an internal, confidential investigation into a high-level executive and drafted a memorandum of findings.
Defended a medical practitioner in an investigation brought by the Board of Registration in Medicine (BORM).
Obtained summary judgment, which was affirmed on appeal, in favor of a multinational consumer goods company defending breach of contract and lost profit claims by the distributor for alleged failure to completely fill certain purchase orders.
Represented defendants during a contract dispute with a private equity firm involving breach of good faith and fair dealing, promissory estoppel, tortious interference, and tortious interference with actual and/or prospective economic advantage.
Defended a doctor and his practice against a breach of fiduciary duty case arising from their self-dealing and misconduct with respect to the management of two of their businesses.
Represented a defendant who was accused of making defamatory statements against the plaintiff.
Represented a defendant accused of a contract dispute and accused of making libel/defamatory statements against the plaintiff.
Represented defendants in a dispute over millions of dollars recovered allegedly owed to plaintiffs.
Litigated securities class action and ERISA claims against investment advisor to pension and benefit funds arising out of the Madoff Ponzi scheme.
Completed environmental and real property due diligence in connection with a series of equity investment transactions in several solar energy facilities in Massachusetts and New York, and as local counsel, advised our client, the investor, of the legal and business risks and prepared permit schedules for closing.
Obtained summary judgment and dismissal of inmate's 14th Amendment claims against health care providers based on inmate's failure to establish an objective serious medical need.
Secured dismissal of an inmate's Fourteenth Amendment claims against health care providers based on failure to allege the requisite elements of deliberate indifference and failure to set forth a Monell claim.
Represented the client in relation to a data breach caused by a ransomware/malware attack. Coordinated with the forensic investigator and ransomware expert to respond and remediate the breach, and to attempt to negotiate the ransom payment. Coordinated providing notification to impacted individuals and state regulators in multiple jurisdictions. Addressed legal ramifications of the attack with the client's customers based on the contractual and legal requirements for data security.
Represented a client in relation to a data breach situation involving an employee who may have compromised the security of the system, resulting in PII being available on the internet. Coordinated with the forensic investigator to evaluate the disclosure of data and with law enforcement in relation to the investigation of the employee's potential criminal conduct.
Represented a client in relation to providing evaluation and assessment of cybersecurity obligations under various state laws, including the New York Shield Act.
Represented a client in relation to creating data security and data breach response plans to comply with New York Shield Act requirements.
Represented a client in relation to a data breach caused by malware.
Represented the client in relation to a data breach caused by an unsecured website regulating in disclosure of private information, including social security numbers and health care details. Coordinated a forensic investigation of the incident. Addressed the legal notification requirements for individuals impacted as well as state and federal agencies. Responded to state and federal regulatory investigations of the incident, including the negotiation of fines and remediation requirements.
Represented a client in relation to a data breach caused by a phishing scam resulting in the compromise of several email accounts. Coordinated the initial response to the breach and its forensic investigation.
Represented a client in relation to a data breach arising out of the compromise of a third-party cloud service provider.
Represented a client with respect to an evaluation of compliance with the New York Shield Law.
Represented clients in pursuit of a claim for money damages arising out of the theft of a six-figure down payment for a real estate purchase due to social engineering fraud. Negotiated a pre-suit settlement for the clients.
Represented a client in drafting and negotiating a payroll-services agreement with a cloud-based payroll and human capital management software provider, emphasizing the agreement's cybersecurity, indemnity, and insurance procurement provisions.
Successfully counseled a municipality in connection with insurance recovery for a wrongful imprisonment claim, resulting in municipality recovering nearly $1 million from its insurers prior to litigation. Claimant had been convicted of murder based on a coerced confession, and was eventually freed after more than a decade in prison. Client-municipality sought coverage for the wrongful imprisonment claim from its insurers (from the date of arrest through the date of release), but coverage was denied. Municipality settled the claim without participation from the insurers, but ultimately navigated and preserved its coverage claim based on our counsel, resulting in the nearly $1 million recovery.
Acted as special counsel to the client in connection with the execution and delivery of certain loan documents to obtain funding for a solar photovoltaic electric generating project.
Secured a dismissal of claims against an insurer by the contractor who performed services for the insured based upon the lack of any agreement between the insurer and contractor, which was affirmed by the Appellate Division, Fourth Department.
Prepared estate planning documents for a couple, including wills, health care proxies, and powers of attorney.
Assisted an industrial hemp client with the purchase of a $4.5 million facility to use for state-wide hemp processing, including obtaining various license approvals and collecting letters of support from local and state government officials.
Created a NY LLC that can acquire, possess, manufacture, sell, deliver, transport, distribute, and dispense marijuana for certified medical use.
Assisted with an NY Department of Agriculture & Markets, Plant Industry Division application for authorization to process hemp on behalf of a wholly owned subsidiary.
Helped an 88-year-old client remain in his home in the community by getting him Community Medicaid that paid for aide service and up to $45,000 in home improvements every three years. Protected the client’s home, the balance of assets, and secured rights for the client’s disabled daughter to be paid $11/hour to look after him.
Assisted a client with a progressive memory impairment in obtaining Community Medicaid that allowed him and his wife to continue living together in a community. When the client’s disease progressed, helped him successfully enter a nursing home while protecting he and his wife’s assets, which allowed her to remain in the community.
Obtained summary judgment dismissal of a complaint against a commercial real estate developer and local industrial development agency that sought to foreclose a mechanics’ lien for over $250,000.