We Have Broad Experience Litigating Commercial Actions
The following cases indicate the breadth and diversity of our litigation practice:|
- In re: Decorative Home Accents, Inc., et al., Lead Case No. 97-46390 (S.D.N.Y. Bankr.) (we were retained as special litigation counsel for a liquidating debtor and were responsible for the recovery of substantial accounts receivable for the benefit of the estate's secured creditor).
- MBO Properties, Inc. v. Amroc Investments, Inc. et al. Index No.: 98-603505 (Sup. Ct., N.Y. Cty.) (we won a dismissal of suit seeking $90 million in damages for breach of contract as a result of the defendants' alleged failure to close a transaction for the purchase of a certain claims held by a liquidating life insurance company).
- The American Energy Group, Ltd. v. Daniel, et al., C.A. No. H-97-2540 (S.D. Tex.) (we settled large securities fraud case on behalf of a publicly traded company that was defrauded by a con artist in a so-called "box job" on terms very favorable to our client)
- Dayton Monetary Associates v. Donaldson Lufkin & Jenrette Securities Corp. et al., Index Nos. 91 Civ. 2050, 91 Civ. 4944, 91 Civ. 5000, 91 Civ. 5622 and 91 Civ. 6432 (SHS) (SDNY) (in an action that settled on the first day of trial, we defended a prominent investor in a securities action involving allegations of a scheme to defraud creditors by generating false trading documents)
- In re Interstate Cigar Co., Inc., Index No. 890-81248-478 (EDNY) and Committee of Unsecured Creditors of Interstate Cigar Co., Inc., et al. v. Interstate Distribution, Inc., et al., Index No. 18940/91 (N.Y. Sup. Ct) (we are defending a commercial lending institution in state court and a related bankruptcy proceeding involving millions of dollars of claims arising under the New York Bulk Sales Law)
- In re Wheeled Electric Power, Inc., Index No. 98-2355 (D. Del.) (we represented a major secured creditor of a regional power company in an action to recover loan advances)
- Mina Investment Holding Ltd. v. Lefkowitz, et al., Index No. 97 Civ. 1321 (RWS) (SDNY) (we represented the plaintiffs, two Swiss investment companies, in a multi-million dollar breach-of-contract action arising from the defendants' failure to abide by the negative covenants in a loan agreement, which settled on terms favorable to the client)
- American Financial Services Group, Inc. v. Treasure Bay Gaming & Resorts, Inc., Index No. 99 Civ. 1068 (RMB) (we represented a regional gaming company in an action involving the plaintiff's alleged breach of contract and fraud in the conversion of proceeds and obtained a verdict at trial that included dismissal of the plaintiff's complaint and compensatory damages and punitive damages in our client's favor in excess of $5 million)
- M.K.D. Capital Corp. v. Miller, et al., Index No. 96/602130 (N.Y. Sup. Ct.) (we successfully moved for the dismissal of a multi-million dollar action involving a finder's fee allegedly due on the sale of a California golf resort)
- Application of Stewart Occhipinti & Makow for an Order of Attachment with respect to Property of GAF Corporation, Index No. 123094/00 (N.Y. Sup) (on behalf of a Texas personal injury firm, we commenced an action to restrain approximately $14 million of assets of GAF Corporation on the basis of an order entered by a Texas trial court. While motions were pending, GAF filed for bankruptcy)
- Trian Group, Limited Partnership v. Accident and Casualty Co. of Winterthur, Index No. 98 Civ. 1026 (JWB) (D.N.J.) (we represent the policyholder in an insurance coverage action involving the Abex Superfund site in Virginia and five categories of bodily injury claims, including injuries arising from alleged exposure to asbestos)
- The Wet Seal, Inc. v. American Home Ins. Co., CV 00-4357 (FMC) (C.D.Ca.) (we represented the policyholder in an action involving claims for insurance coverage under advertising injury provision of CGL policy with respect to patent and trade infringement claims and successfully obtained favorable rulings on choice of law and defense/indemnity under the insurance policies at issue; the case eventually settled on terms favorable to our client)
- Duratech Industries, Inc. v The Continetal Insurance Company, et al., Index No. 98-26189 (N.Y. Sup. Ct.) (we represent the policyholder in a coverage action involving theft of millions of dollars of trade secrets, business records and property)
- R.C. Bigelow, Inc. v. Liberty Mutual Insurance Company, et al., 96 Civ. 01643 (AWT) (D. Conn.) (we represent the policyholder in an action involving insurance coverage for trade infringement claims and obtained a favorable ruling by the United States Court of Appeals for the Second Circuit in our client's favor awarding its full measure of damages)