Kyle Christin Bisceglie is a lawyer practicing litigation, advertising, marketing & promotions, intellectual property law and 7 other areas of law. Kyle received a B.A. degree from Kalamazoo College in 1989, and has been licensed for 33 years. Kyle practices at Olshan Frome Wolosky LLP in New York, NY.
Reviews for Kyle
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Areas of Law
Practice Details
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Firm InformationPositionPartnerFirm NameOlshan Frome Wolosky LLP
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Representative Cases & TransactionsCasesExperience: Won a $6 million award
judgment for one of New York's largest natural foods distributors in an arbitration before the AAA against a maker of organic yerba mate products arising from the termination of a long-term contract.
Obtained $9 million for client after a 13-day trial resulted in a 95-page court decision finding fraud, breach of fiduciary duty, aiding
abetting breach of fiduciary duty, misrepresentation, breach of contract
tortious interference against a publicly traded licensing
fashion company
reality television personality.
Successfully defended a publicly traded retail financial institution
a large advertising agency against trademark
copyright claims brought by a movie studio involving the quotation 'Nobody Puts Baby in the Corner' from 'Dirty Dancing.'
Won decision from an arbitrator before JAMS awarding a publicly traded client all of its damages with interest
rejecting all counterclaims after five days of testimony from six fact witnesses
two experts involving digital publication of foreign-language translations of some of the world's best-known comic book characters.
Won a temporary restraining order in New York state court to block the imminent termination of a $50 million hotel franchise
prevent default on a $35 million mortgage. After partially settling the lawsuit, represented the franchise in its subsequent re-br
ing of the hotel to a new flag.
Won a $44 million breach of contract
Unfair Trade Practices verdict in a three-week jury trial for a privately owned endodontic supply company.
Won a decisive defense award for a bulge-bracket investment bank after a three-day FINRA arbitration where 11 witnesses testified to a three-member panel involving a disputed bond trade.
Representing a publicly traded biotech company in a construction
M&A dispute pending in state court arising from its acquisition of an interest in a 400,000 square foot facility from another public company.
Representing a fund in state court that failed to receive a $25 million option with warrants from a publicly traded company as part of a discounted note sale.
Obtained denial of counterclaims in a AAA arbitration brought against the developer of a generic pharmaceutical involving the allegation that manufacturing failed to conduct testing
data in compliance with cGMP.
Defended one of Europe's largest banks in an antitrust class action arising from trading agency bonds pending in the Southern District.
Represented a bulge bracket bank in a trading dispute pending in New York Commercial Division.
Defended a Fortune 50 Bank in a copyright lawsuit relating to its credit card business.
Represented a U.K.-based company in a trademark dispute in the Southern District of New York involving rights to the term 'nowcasting' used in economic forecasting.
Defended a law firm in an arbitration before the AAA from claims for breach of the partnership agreement made by an ousted partner who is accused of misappropriating firm assets.
Sought rescission of an M&A transaction based on fraud
misrepresentation in the District of Nevada on behalf of a publicly traded company against various U.S.
Cayman-based sellers of three businesses.
Successfully settled allegations against founders of an artisanal c
y company in a post-sale dispute with an institutional purchaser involving purchase price adjustment, allegations of breaches of representations
warranties,
fraud.
Successfully defended the outside director of a privately held company in a lawsuit involving claims of breach of fiduciary duty, waste of corporate assets,
fraudulent conveyances.
Won complete dismissal of all claims against a director
officer of a publicly traded fintech company in claims for fraud, breach of fiduciary duty, self-dealing, negligence, conversion, unjust enrichment,
Martin Act.
Obtained a business-saving outcome for a lighting distribution company in a dispute with its European supplier where the client had a judgment against it discharged
received a substantial cash payment.
Won complete dismissal of all claims for a publicly traded financial technology company in claims brought by a pre-IPO investor.
Successfully advised leading boutique fitness start-up
family office investor group in a dispute with a private equity firm involving pre-IPO stock sale resulting in a completed transaction on all of the clients' pre-dispute terms.
Successfully defended the national trade association for the sport of polo in multiple trademark litigations
arbitrations brought by a fashion company with no historical connection to the sport that uses a polo player as a trademark.
Won dismissal of a lawsuit brought by a publicly traded fashion company against the governing body for the sport of polo in the U.S. involving trademark claims arising from the sales of licensed goods in India.
Amicably resolved a trademark dispute on behalf of an $80 billion-dollar high-yield bond fund involving trademarks related to Aesop's Fable 'The Tortoise
the Hare.'
Won complete dismissal of all claims, pre-discovery on behalf of a publicly traded trading-technology company that wound down an inter-dealer broker business in an action in NY's Commercial Division for supposed breach of a joint venture agreement
related tort claims.
Won complete dismissal, pre-discovery, of all claims, including fraud, rescission, breach of implied covenants
California state statutes in a published decision in the Northern District of New York on behalf of a French software company arising from a failed software systems integration involving an Australian technology company.
Obtained a high seven-figure settlement for a U.S. distributor of API in a distribution contract dispute with a foreign chemical manufacturer in arbitration before the International Centre for Dispute Resolution.
Obtained summary judgment dismissing all claims with prejudice in multiple litigations brought against a hedge fund, officers
hedge fund manager arising from 26 different allegations of mismanagement, fraud, self-dealing
related claims under New York
Delaware law.
Successfully represented a publicly traded owner of famous IP in a litigation against a jewelry manufacturer arising from continued sales after the expiration of the license agreement.
Won or settled favorably more than 10 litigations cumulatively involving eight figures in damages for a publicly traded owner
licensor of famous entertainment assets.
Favorably settled six cases cumulatively involving nine figures in damages as both plaintiff
defense counsel on behalf of a publicly traded software gaming company.
Won a complete
unanimous defense verdict for a publicly traded biotechnology client on claims arising from the acquisition of a foreign company after a two-week jury trial in which the plaintiff received nothing
the firm obtained a judgment against the plaintiff for a portion of its clients' fees.
Won a preliminary injunction
$9 million settlement against a defense contracting firm for two investors
outside directors after a year of litigation.
Prevailed for a teeth products company in a three-day preliminary injunction hearing in which a competitor's request for an injunction was decisively denied in a 30-page decision.
Defended an art dealer in multiple matters arising from the Sal
er-O'Reilly sc
al including obtaining the dismissal of all claims brought by heirs of a leading 20th-century artist for lack of st
ing under New York's Arts
Cultural Affairs Laws.
Prevailed in or favorably settled a series of litigations
arbitrations for a Fortune 50 company, including obtaining an eight-figure payment from a regional bank for breach of guaranteed minimum provisions.
Obtained summary judgment dismissing all claims brought against private equity fund
managers arising from allegations of mismanagement.
Rescinded an ex parte temporary restraining order
obtained dismissal of a case brought by a counterparty in a dispute over the continuation of credit card processing.
Successfully settled a check fraud case involving multiple banks
resolved a substantial merchant processing dispute at de minimis cost to his client.
Obtained significant settlement from two banks under UCC on behalf of various privately held real estate companies that were victimized by the controller's embezzlement.
Successfully litigated for U.S. policyholders of the then-largest insurance insolvency in North American history claims of fraud against professionals
trustees.
Experience
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Bar Admission & MembershipsAdmissions1993, State of New Jersey
1993, U.S. District Court, District of New Jersey
1995, New York State
1996, U.S. District Court, Southern District of New York
1996, U.S. District Court, Eastern District of New York
2001, U.S. Court of Appeals, Second Circuit
2004, U.S. District Court, District of Rhode Island
2005, U.S. Court of Appeals, Third Circuit
2008, State of California, Superior Court, San Diego
2009, U.S District Court, District of New Mexico
2011, U.S. Court of Appeals, Tenth Circuit
2013, U.S. District Court, Northern District of New York
2015, U.S. District Court, Central District of California
2016, U.S. District Court, District of Connecticut
2018, U.S. District Court, District of Nevada
2020, State of California, Superior Court, Los Angeles County
MembershipsProfessional & Community Affiliations
American Bar Association
New York State Bar Association
New York State Bar, Commercial and Federal Litigation Section
New York County Lawyers' Association
Association of the Bar of the City of New York
Globalaw
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Education & CertificationsLaw SchoolSeton Hall University School of Law
Class of 1992
J.D.
magna cum laude
Seton Hall University School of Law
Class of 1992
J.D.
1992 Seton Hall Law Review Editor
Other EducationKalamazoo College
Class of 1989
B.A.
cum laude
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Personal Details & HistoryAgeBorn in 1966
Montclair, New Jersey, December 21, 1966
Kyle Christin Bisceglie
1325 Avenue of the AmericasNew York, NY 10019U.S.A.
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