Cases
Representative Matters: Insurance Coverage Litigation: In a precedent setting decision, obtained summary judgment that New York's common law strict no-prejudice rule barring coverage for late notice continues to apply to policies with New York choice of law clauses that are not subject to NY Ins. Law s. 3420 (which creates a prejudice requirement for certain policies) because those policies were issued
delivered outside of New York
therefore, insurer with policy issued
delivered outside of New York had no duty to defend or indemnify insured as a matter of New York law with respect to $10 million coverage for $40+ million in claims that were tendered to the insurer months
years late,
the insurer did not need to demonstrate prejudice.
Represented numerous insurance companies in disputes regarding insurance coverage issues, including at arbitration.
Obtained summary judgment, which was subsequently affirmed by the United States Court of Appeals for the Seventh Circuit, regarding whether a company can shift coverage for its Longshore
Harbor Workers Compensation benefit obligation to an injured employee from its workers compensation insurer to another insurer under a Bumbershoot Policy. The St. Paul Travelers Companies, Inc. v. Corn Isl
Shipyard, Inc., No. 06-2137 (7th Cir. 2007).
Banking Litigation: Obtained a dismissal of two appeals against JPMorgan Chase Bank, N.A. in the Supreme Court of New York, Appellate Division-Second Judicial Department, concerning the borrower's st
ing to bring the appeals.
Obtained on behalf of JPMorgan Chase Bank, N.A. from the Supreme Court of the State of New York, Appellate Division-Second Judicial Department, an affirmation of a lower court ruling that property transferred pursuant to a judgment imposing a constructive trust is transferred subject to the existing lien.
Obtained an order from the U.S. District Court for the District of New Jersey dismissing eight counts of a nine-count class action complaint claiming that the client bank charged improper fees for reinstating or paying off mortgages.
Bankruptcy Litigation: Investigated claims on behalf of the committee of unsecured creditors in the bankruptcy of a real estate developer
related companies.
Defended leading financial institution in a lawsuit arising from its role as indenture trustee for holders of publicly-issued notes
credit agreements.
Employment Litigation: Defended a major brokerage firm in an action alleging gender
racial harassment
wage discrimination by obtaining summary judgment on all counts. Ruling was affirmed on appeal by the New Jersey Appellate Division.
Counsel to national companies in trade secret
restrictive covenant injunction matters in federal
state court. Obtained favorable rulings against former employees of national companies to prevent employees from working for competitors
from soliciting clients.
Obtained summary judgment for a large interstate cargo carrier in a litigation arising under the Worker Adjustment Retraining Notification ( WARN ) Act.
Commercial Litigation: Represented firm client Wockhardt in New Jersey related to Janssen Biotech Inc.'s oncology medication Zytiga. The District Court found the Janssen patent invalid.
Jazz Pharmaceuticals, Inc. et al. v. Wockhardt Bio AG et al., 2: 15-cv-5619 (D.N.J. 2015). Obtained settlement for defendant Wockhardt Bio AG in a patent litigation matter relating to Jazz Pharmaceutical's treatment for narcolepsy, Xyrem.
Obtained summary judgment in favor of the Las Vegas S
s in its action against ACE Gaming, LLC for breach of a trademark-licensing agreement regarding the use of the S
s trademark.
Obtained a favorable ruling on behalf of a health care provider in a partnership dispute.
Obtained a favorable ruling for a company based on a partnership agreement to remove the other partner from the business.
Real Estate Litigation: Represented entities regarding alleged breach of lease lawsuits in New York
New Jersey.
Ethics Litigation: Appointed to investigate
to litigate ethics grievances against attorneys for the Supreme Court District V-A Ethics Committee.
Pro Bono Litigation
Matters: Represented Holocaust survivors to apply to the German government for benefits relating to work they performed in ghettos in German-occupied areas.
Represented veteran before U.S. Court of Appeals for Veterans Claims in appealing the decision of the Board of Veterans' Appeals.
Assisted victims affected by attacks on World Trade Center with obtaining benefits.
