Litigation

Represented prisoner in his appeal before the Seventh Circuit after the district court dismissed the case on summary judgment. Following oral argument, the Seventh Circuit issued a complete reversal and remanded the decision in favor of our client on the ground that he was unable to exhaust his administrative remedies due to failures by the prison staff and administration.

Obtained a Temporary Restraining Order in Nassau County Supreme Court for a home healthcare provider, preventing the New York State Department of Health from enforcing an expulsion sanction and ensuring continuity of care for thousands of patients while protecting thousands of jobs.

Secured a decisive victory for our client, a specialty packaging and point-of-purchase display company, against disgruntled former counsel, who brought suit trying to recover purportedly owed attorney’s fees. After convincing the trial court to dismiss his suit, the disgruntled former counsel appealed. Convinced an Illinois state appellate court to not only affirm the dismissal, but also to award our client attorney fees because the appeal was frivolous. In a scathing rebuke, the court stated that the appeal was “contrary to reason or common sense” and “asks us to find that two plus two equals five.”

Challenged the Town of East Hampton’s plan to close East Hampton Airport to commercial traffic and immediately re-open it for private use.*

Advised and developed CARB-specific language and addenda for freight brokers arranging for the movement of freight in California.

Advised several enterprise shippers, intermediaries, and carriers on the application of the California Air Resources Board’s regulations to their operations in California.

Developed and negotiated a production and manufacturing agreement for motor vehicle manufacturers.

Representation of numerous carriers, brokers, and shippers in contractual drafting and negotiations.

Represented a vehicle manufacturer in its negotiating emissions compliance language with a major city for the sale of vehicles to be used in public transportation.

Reviewed, assessed, and offered guidance on several FMVSSs applicable to motorcoaches and their equipment.

Obtained a favorable settlement for a healthcare company in a complex software implementation dispute.

Represented a multinational company in an ERP software licensing dispute.

Defeated class certification and prevailed on Daubert arguments dismissing the opinions of class plaintiffs’ damages and consumer survey experts, successfully arguing on behalf of telehealth company that plaintiffs' claims involved too many individualized questions regarding injury and damages, rendering class treatment inappropriate.

Defended manufacturing corporation in breach-of-contract action brought by former vendor claiming over $2 million in damages.  Served as first chair for a multi-day arbitration and secured a full defense verdict.

Secured multiple favorable settlements of multi-million dollar product-liability lawsuits brought against a major vehicle manufacturer throughout the United States.

Successfully defended a major shipping company in a jury trial on a contract claim that sought to impose a multi-million dollar obligation for hauling services.*

Manages key elements of high-profile defamation litigation against major media outlets featuring claims for more than $2 billion in damages.   

Led team that successfully defended a $60 million claim for breach of a brand-license agreement following a multi-week arbitration hearing.

Provided counsel in litigation throughout the United States aimed to recover misappropriated funds in the largest Ponzi scheme in history.*

Serves as primary litigation counsel for national commercial-property management firm involving a range of leasing and related disputes.

Served as lead appellate counsel in proceedings arising from a range of litigation.*

Participated in trial defense and jury trial for defendant accused of double homicide based primarily on surveillance and vehicle evidence; obtained full acquittal.*

Represented petitioner in habeas action resulting in vacated murder conviction on eve of hearing.*

Represented defendant charged with mortgage fraud; successfully negotiated misdemeanor resolution and sentence of probation.*

Acted as lead counsel on successful appeal of felony murder conviction, resulting in overturning of 56-year sentence.*

Represented defendant accused of participating in $5 million Ponzi scheme; handled pretrial motions, including conducting evidentiary hearing on motion to dismiss; acted as second chair at trial.*

Represented defendant facing false statement charges in public corruption probe; drafted sentencing memorandum and participated in all aspects of sentencing that led to a sentence of one year probation.*

Handled all aspects of extensive pretrial litigation in espionage case; acted as second chair at trial, and continued representation at sentencing and on appeal.*

Represented doctor initially charged with healthcare fraud and consecutive two-year mandatory minimum aggravated identity theft charge; identified legal deficiency in the indictment leading to dismissal of the identity theft charge and an ultimate sentence of one year and one day incarceration.*

Represented defendant in ten year mandatory minimum Controlled Substances Act prosecution; drafted motion to suppress evidence that led to dismissal of the indictment.*

Acted as second chair in bench trial for murder defendant; charges dismissed upon motion for a judgment of acquittal.*

Represented attorney accused of participating in mortgage fraud scheme; acted at second chair at trial where split verdict was obtained; achieved non-custodial sentence and acted as lead counsel on appeal.*

Obtained a fine-only sentence without term of probation for felony tax fraud defendant.*

Represented the longest recognized wrongfully incarcerated individual in Illinois history in § 1983 action; plaintiff was wrongfully accused of a 1984 rape and murder that occurred in Park Forest, Illinois.*

Participated in trial defense and helped obtain full acquittal after jury trial for defendant accused of first degree murder.*

Represented a North American not-for-profit professional boxing and mixed martial arts organization in connection with communication to Governor Andrew Cuomo, New York Attorney General Eric T. Schneiderman and other New York political leaders concerning safety risks presented by New York’s law banning combative sports.

Represented an international pharmaceutical company in connection with a commercialization, licensing, and supply transaction involving its pipeline of biosimilar drugs in development in the US and Europe.

Successfully represented a financial technology company in separate actions seeking copyright infringement damages and damages for breach of a licensing agreement in the Southern District of New York.

Represented a leading provider of cloud-based educational technologies to prevent plagiarism in copyright infringement litigation challenging digital plagiarism detection technology copying and storing student submissions. Secured fair use victories in the United States District Court for the Eastern District of Virginia and the United States Court of Appeals for the Fourth Circuit.

Successfully negotiated and resolved claims asserted on behalf of professional sports teams and arenas in breaches of contract actions and intellectual property infringement actions in New York state and federal courts.

Successfully lifted a default judgment entered against an international fashion company in the United States District Court for the Western District of Pennsylvania and successfully resolved the underlying claims.

Represented public and private companies in a variety of commercial contract litigation.

Defended multiple lawsuits alleging violations under federal and state telemarketing laws.

Defended nationwide putative consumer class actions seeking to hold CVS Pharmacy, Inc. liable for product labeling.

In a 2023 case garnering national attention, obtained a $5 million judgment in a Northern District of California banking fraud case on behalf of a national cannabis retailer/distributor against Washington state-based payment processing company. Case involved issues of federal cannabis illegality as well as violations of FinCEN regulations and the Bank Secrecy Act.

Represented multiple cannabis companies in breach of contract actions and employment disputes.

Represented a product manufacturer in a multi-million dollar construction case and obtained dismissal of all counts in the complaint.

Represented a biofuel industry leader with respect to a false and defamatory article published by a major media organization and secured full retraction of the article within two weeks of publication.

Lead counsel in 400M shareholder dispute in Delaware Chancery Court, representing one of the largest employers in Brazil in a bet-the-company dispute with minority shareholder.*

Trial and lead counsel for manufacturers of pelvic mesh in mass tort litigation.*

Trial counsel in $900 million suit against refrigerator component manufacturer client•Trial counsel in $800 million lawsuit by grain farmers against grain supplier client•Trial counsel in successful defense of Illinois Consumer Fraud Actlawsui.*

Represented Puerto Rico Electric Power Authority (PREPA) in connection with its bankruptcy, managing its litigation portfolio and conducting internal investigation into alleged malfeasance.*

Counsel to manufacturers, distributors, and sellers of consumer products in connection with CPSC investigations and inquiries, including counsel regarding potential recalls.*

Lead counsel in Illinois and Missouri asbestos litigation, routinely securing the early dismissal of claims or favorable resolutions.*

Lead counsel in successful defense of putative consumer fraud class actions in Illinois and Missouri state and federal courts, alleging misleading labeling practices against leading food and snack clients.*

Trial counsel for logistics provider in multiple matters, successfully obtaining preliminary and permanent injunctive relief for misappropriation of trade secrets and violations of restrictive covenants.*

Successful defense of multiple racial harassment and discrimination suits filed in Texas federal courts against chemicals manufacturer client.*

Counsel to leading automotive industry client in connection with due diligence on 100M+ (aggregate) acquisitions of target companies and product lines.*

Trial and lead counsel for injection molding machinery manufacturing client in various product liability and wrongful death suits.*

Lead counsel for hip replacement litigation in state and federal courts.*

Counsel to automotive and component part manufacturer clients in connection with NHTSA investigations and inquiries, including counsel regarding potential recalls.*

Counsel for international supplier of firefighting vehicles and equipment in dispute involving allegedly defective vehicles and equipment.*

Represented an international entertainment and sports conglomerate against claims of breach of fiduciary duty brought by a professional athlete in an eight figure jury trial. After nearly a month of evidence, the jury deliberated only three hours before finding in favor of client on all counts.

Obtained summary judgment on behalf of defendant in Telephone Consumer Protection Act claim on grounds that the consumer did not use a reasonable method of attempting to revoke consent.

Defended a designer and manufacturer of surfing simulator water rides in bet-the-company patent and breach of contract litigations and related inter partes review proceedings and Federal Circuit appeals. These representations resulted in one patent being canceled, another being found invalid and a district court award of significant attorneys’ fees.*

Counsel for major off-road vehicles manufacturer in multiple products liability and personal injury actions in state and federal court across the United States.

Defended a nationwide putative class action brought by Schwebel Baking Co. on behalf of itself and similarly situated, large commercial and industrial customers of FirstEnergy.

Successfully defended a Fortune 500 media company in a jury trial on a $17 million claim for breach of a long-term supply contract.*

Secured a multimillion-dollar verdict following a jury trial in a dispute involving a series of complex software-license agreements.*

Successfully defended major consumer-product company in a securities class action aimed at derailing a $500 million going-private transaction.*

Successfully defended international construction cocompany in a series of contract disputes.*

Represented Feit Electric, a global leader in first-to-market lighting innovations, against claims of patent infringement by a Japanese conglomerate. After years of contentious discovery, the matter proceeded to a nearly two-week jury trial. Ultimately obtained a full defense verdict in favor of Feit Electric.

Represented next generation health technology company in $50 million Series B round and $16 million Series A round.