Cases
Experience: Class Actions: Lead attorney representing bank in putative class action alleging maintenance fees were improperly imposed on a savings account. District court dismissed the action, finding it time-barred by a limitation of claims provision governing the account. Wechsler v. HSBC Bank USA, N.A. , 2016 WL 1688012 (S.D.N.Y. April 26, 2016). Argued before the Second Circuit, which affirmed the dismissal. 674 Fed. Appx. 73 (2d Cir. 2017).
Lead attorney representing lender
affiliated companies in putative class action alleging failure to implement permanent modifications to loans.Compelled arbitration of all claims on an individual basis. McLean v. HSBC Finance Corp. , 2016 WL 5796885 (D.N.J. Oct. 3, 2016).
Lead attorney representing internet service provider in putative class action asserting claims relating to internet speed. Compelled arbitration of all claims on an individual basis. Sacchi v. Verizon Online LLC , 2015 WL 765940 (S.D.N.Y. Feb. 23, 2015). Motion for reconsideration or certification for interlocutory appeal was denied. 2015 WL 1729796 (S.D.N.Y. April 14, 2015).
Lead attorney representing mortgage servicing company in nationwide putative class action alleging violations of the Fair Credit Reporting Act. Court granted motion to strike class allegations, Maldonado v. HSBC Mortgage Services, Inc. , 2017 WL 3496460 (D. Nev. Aug. 15, 2017),
thereafter the matter was resolved.
Lead attorney representing banks
a financial services company in putative class action alleging violations of New Jersey consumer protection statutes
the Truth in Lending Act in connection with credit card advertisements
solicitations. Obtained dismissal of the matter in its entirety. Shah v. American Express Company , 2009 WL 3234594 (D.N.J. Sept. 30, 2009).
Lead attorney representing financial services company in putative class action seeking to certify a nationwide class based on alleged violations of the Fair Credit Reporting Act. Limited the scope of discovery by defeating Plaintiff's motion to compel a broad range of information, Watts v. American Express Travel Related Services Company, Inc ., 2009 WL 906286 (D. Colo. April 3, 2009),
defeated motion for class certification.
Lead attorney representing defendants in putative class actions concerning rebate feature of a credit card product. Compelled arbitration on an individual basis. Homa v. American Express Company , 496 F. Supp. 2d 440 (D.N.J. 2007), rem
ed by 558 F. 3d 225 (3d Cir. 2009), stay granted pending Supreme Court decision, 2010 WL 4116481 (D.N.J. Oct. 18, 2010),
in August 2011, the District Court reinstated the arbitration order
thereafter the Third Circuit affirmed, 494 Fed.Appx. 191 (3rd Cir. 2012).
Lead attorney representing credit card issuers in putative class actions in Southern District of New York alleging violations of the Truth in Lending Act. Obtained dismissal of several actions, including Schwartz v. HSBC Bank USA, N.A. , 2013 WL 5677059 (S.D.N.Y. Nov. 4, 2013), Schnall v. HSBC Bank Nevada, N.A. , 2013 WL 1100769 (S.D.N.Y. March 18, 2013),
Schwartz v. HSBC Bank USA, N.A. 160 F. Supp. 3d 666 (S.D.N.Y. 2016), 2017 WL 95118 (S.D.N.Y. Jan. 9, 2017),
2017 WL 2634180 (S.D.N.Y. June 19, 2017).
Lead attorney representing water utility in putative class action that raised claims based on an alleged interruption in water service. Obtained summary-judgment dismissal of all claims
argued before the Appellate Division, which affirmed the dismissal in its entirety. Rogers v. United Water New Jersey Inc ., 2005 WL 2847794 (N.J. App. Div. Nov. 1, 2005).
Lead attorney representing national retailer in putative class action asserting claims based on the alleged improper collection of New Jersey Sales
Use Tax. Obtained dismissal of all claims. Avallone v. Sears Holding Corp. , 2013 WL 1501450 (N.J. Tax April 1, 2013).
Lead attorney representing financial services company in putative class action asserting claims based on allegedly improper posting of payments. Obtained dismissal of all claims. Jaffe v. Capital One Bank , 2010 U.S. Dist. LEXIS 18117 (S.D.N.Y. March 1, 2010).
Lead attorney representing lender in putative class action in the United States District Court for the Southern District of Florida alleging statutory violations based on purported failure to present satisfactions of mortgage in a timely manner. After filing motion to dismiss, Plaintiff voluntarily withdrew the action.
Represented lenders in Florida putative class actions brought by borrowers asserting declaratory
quiet title claims contending that any effort to enforce mortgages on the properties would be barred by the statute of limitations. Obtained dismissal of several actions, including Gomez v. Household Finance Corp. III , 2014 WL 12722852 (S.D. Fla. Sept. 30, 2014), aff'd, 688 Fed. Appx. 680 (11th Cir. 2017)
Lopez v. HSBC Bank USA, N.A. , 2014 WL 3361755 (S.D. Fla. Apr. 29, 2014).
Lead attorney representing financial services company in putative nationwide class action in the United States District Court for the District of New Jersey asserting claims based on alleged failures to honor settlements relating to credit card debt. Obtained prompt dismissal of action.
Lead attorney representing financial services company in putative class action asserting claims under state consumer protection statutes based on allegedly improper disclosure of personal information in collections lawsuits. Obtained prompt dismissal of all claims.
Banking, Financial Services
Insurance: Lead attorney representing bank in connection with claims brought by victims of a Ponzi scheme. Motion to rem
case to state court was denied,
case was dismissed, based on application of the Securities Litigation Uniform St
ards Act. Marchak v. JPMorgan Chase & Co. , et al. , 84 F. Supp. 3d 197 (E.D.N.Y.2015).After subsequent related case was rem
ed to state court, 2016 WL 3911926 (E.D.N.Y. July 15, 2016), obtained dismissal of the matter in its entirety.
Lead attorney representing bank in matter arising out of a stock purchase agreement in which plaintiffs alleged that bank negligently
fraudulently prepared a pay-off letter related to the underlying transaction. Obtained summary-judgment dismissal of all claims
argued before the Appellate Division, J.A.O. Acquisition Company v. First Union National Bank , 23 A.D. 3d 200, 803 N.Y.S. 2d 527 (1st Dept. 2005),
the Court of Appeals, 8 N.Y. 3d 144, 831 N.Y.S. 2d 364 (2007), both of which affirmed the trial court's dismissal in its entirety.
Trial attorney in bankruptcy preference action in which bankruptcy trustee sought recovery of over $17 million from client bank in connection with a check-kiting scheme. After trial, the Court entered judgment in favor of bank. Pereira v. Summit Bank , 2001 WL 563730, 44 UCC Rep. Serv. 2d 806 (S.D.N.Y. 2001).
Lead attorney for banks
credit card companies in matters involving check
payment frauds, including matters involving fictitious payees
defalcating employees
fiduciaries. Obtained dismissal of numerous actions, including action arising from alleged fraud perpetrated by executive of a publicly traded company that sought recovery of approximately $20 million, aff'd in part in Koss v. American Express Co. , 309 P.3d 898 (Ariz. Ct. App. 2013).
Lead attorney representing bank in matter involving claims that bank improperly repudiated a loan agreement
pursued collection activity. Obtained transfer of the matter to the Central District of California, Buchbut v. Tesar, et al ., 2013 WL 1504768 (D.N.J. April 2013),
thereafter obtained dismissal of the matter.
Lead attorney representing insurance
financial services companies in matters concerning an accidental disability insurance product, including claims relating to the advertising
promotion of the product.
Obtained jury verdict on behalf of plaintiff in action alleging insurance broker failed to procure policy with adequate coverage. After the Appellate Division reversed, petitioned the New Jersey Supreme Court to take the case
argued before the Supreme Court, which reinstated the jury verdict. Aden v. Fortsh , 169 N.J. 64 (2001).
Prosecuted expedited preliminary injunction application in Southern District of New York seeking information
documents in commercial dispute relating to insurance program. After initial hearing before the Court, defendant agreed to provide client with all of the documents
information it was seeking
thereafter the matter was resolved.
Lead attorney representing brokerage
investment banking firm
other defendants in connection with claims asserted by former client. Compelled claims alleging financial
tax mismanagement into arbitration
obtained stay of remaining claims pending completion of arbitration. Deering v. Graham , 2015 WL 424534 (D.N.J. Jan. 30, 2015).
Lead attorney in matter involving breach of contract
misappropriation of trade secret claims. Defeated motion for a preliminary injunction, EchoMail v. American Express Co ., 378 F. Supp. 2d 1 (D. Mass. 2005),
obtained summary judgment on replevin claim seeking the return of electronic information, 445 F. Supp. 2d 87 (D. Mass. 2006).
Lead attorney in defending financial services company in multi-million dollar claim alleging a breach of a computer software agreement. Addressed various complex contract-related issues
negotiated expeditious settlement of the matter.
Lead attorney representing a financial services company in multi-million dollar litigation with a former consultant involving contract
Copyright Act claims. Obtained summary judgment dismissing all claims in their entirety, which was affirmed on appeal. The Capability Group, Inc. v. American Express Travel Related Services Company, Inc., 706 F. Supp. 2d 146 (D. Mass. 2010), aff'd, 658 F. 3d 75 (1st Cir. 2011).
Other Complex Matters: Represented financial services companies in lawsuits challenging amendments to New Jersey's unclaimed property laws addressing travelers cheques
gift cards. American Express Travel Related Services Company, Inc. v. Sidamon-Eristoff, 755 F. Supp. 2d 556 (D.N.J. 2010), aff'd, 669 F. 3d 359 (3d Cir. 2012)
669 F. 3d 374 (3d Cir. 2012).
Lead attorney representing foreign defendants in matter involving claims arising from sale of several websites
related financing
security interests. Defeated motion for preliminary injunction based on the absence of personal jurisdiction, New Earthshell Corp. v. Lycos Internet Limited, et al. , 2015 WL 170564 (D.N.J. Jan. 12, 2015),
obtained dismissal of the matter.2015 WL 4716155 (D.N.J. Aug. 7, 2015).
Lead attorney representing telecommunications carrier in New Jersey Superior Court litigation involving breach of contract
fraud claims
counterclaims. After trial, all claims against client were dismissed
obtained judgment of approximately $2.1 million.
Lead attorney representing plaintiffs in trademark infringement matter in Southern District of New York. Obtained permanent injunction that shut down web-site containing infringing materials.
Lead attorney representing companies in several matters involving a consultant's allegedly improper removal
use of confidential
proprietary information.
Defended English manufacturer of construction-related equipment in various product-liability claims brought throughout the United States. Obtained several dismissals based on the absence of personal jurisdiction, which were affirmed on appeal. L
ers v. Dawson Construction Plant, Ltd ., 1999 U.S. App. Lexis 28474 (4th Cir.)
250 F. 3d 738 (5th Cir.), cert.denied, 122 S. Ct. 42 (2001).
Counsel to Independent Advisor of a major public company retained to conduct a review of the implementation
effectiveness of the internal controls, financial reporting, disclosure, planning, budget
projection processes
related compliance functions of the company.
Lead attorney representing creditor in contested involuntary bankruptcy proceeding. In re VoiceSmart , 1998 WL 34064627 (Bankr. D.N.J. June 8, 1998), aff'd, 1998 WL 34064618 (D.N.J. Oct. 30, 1998).
Lead attorney representing travel agency in state
federal court actions seeking recovery based on alleged injuries sustained over-seas. Obtained prompt dismissal of several actions, including Abramson v. Ritz-Carlton Hotel Company LLC , 2010 WL 3943666 (D.N.J. Oct. 6, 2010).
