We have handled numerous disputes concerning a broad range of general commercial and contract matters, including, for example, the following:
- Defense of global private equity and advisory firm in a contentious litigation regarding the obligations of the parties in connection with sourcing, financing and acquiring non-operating interests in oil and gas properties in the Permian Basin. Substituted for outgoing counsel and completed discovery. Prepared and filed a comprehensive summary judgment motion on an accelerated schedule, addressing claims of unjust enrichment, promissory estoppel, quantum meruit, and negligent misrepresentation. Won a critical ruling from the U.S. District Court for the Southern District of New York affirming that the parties’ term sheet was enforceable and barred the plaintiff’s recovery of certain deposits and expenses. Leveraged the court’s decision to negotiate a highly favorable settlement.
- Defended a digital asset and cloud-mining company in litigation over the sale of creditor claims against the FTX bankruptcy estate. Plaintiff alleged breach of contract and breach of the implied covenant of good faith and fair dealing, seeking to compel performance of trade confirmations for FTX claims. Advanced strong defenses during settlement negotiations, including that the trade confirmations were unenforceable agreements to agree and had expired by their own terms, the operative agreement conditioned closing on further agreements subject to each party’s sole discretion, and plaintiff failed to mitigate its damages. Leveraged these arguments to negotiate a highly favorable settlement, efficiently resolving the dispute while protecting the client’s commercial interests in a volatile and closely watched market.
- Represented a Swiss fine art dealership in a high-stakes dispute with a major international gallery following a cyberattack that diverted multimillion-dollar sales proceeds. Secured a seven-figure recovery after asserting claims for breach of contract, negligence, and gross negligence, overcoming the defendant’s attempt to deflect responsibility for payments lost to hackers. Successfully navigated complex issues at the intersection of art law, commercial litigation, and cybercrime, holding a global gallery accountable for failing to follow explicit safeguards against fraud. Achieved a rare victory for an art market participant targeted by cybercriminals, leveraging aggressive litigation strategy to compel settlement from a defendant with extensive financial and legal resources.
- Defended a foreign blockchain foundation in a $200 million class action alleging its initial coin offering and secondary-market sales constituted unregistered securities offerings under U.S. law. Navigated cutting-edge questions of whether digital tokens qualify as securities under the Howey test, including arguments over investment contracts, profit expectations, and decentralization. Addressed complex jurisdictional and extraterritoriality issues, with plaintiffs attempting to establish domestic application of U.S. securities laws through novel theories tied to blockchain nodes. Managed extensive discovery challenges arising from decentralized structures and modern communication platforms, including disputes over missing attachments, WeChat messages, and embedded cloud-based files. Secured resolution through a favorable settlement at a fraction of the damages originally sought, bringing finality to a multi-year battle while avoiding the expense and uncertainty of trial.
- Representation of digital media and advertising company in connection with multiparty dispute against media platform developer. Aggressively asserted media company’s rights against media platform developer and satisfied end-user healthcare organization’s requirements and legal obligations.
- Defense of a fine art consultant who facilitated the sale of four well-known paintings owned by a Brazilian banker who allegedly used the works in connection with a global money laundering and smuggling scheme. Buyers sought to hold our client personally liable for their losses. Successfully represented the client in multiple civil actions through summary judgment, trial, and post-trial appeal.
- Representation of developer and licensor of digital signage platform in action against exclusive sales agent for breaches of fiduciary duty and confidentiality and trade secret theft. Litigation involved an order to show cause to enjoin the sales agent’s solicitation of customers. Successfully defeated sale agent’s motion to dismiss. Engaged in aggressive discovery which led to successful resolution.
- Prosecution of investor relations company’s claims against various biotech and life science companies in connection with breaches of service contract and non-payment. Advised the client in connection with litigation strategy, mediation, and settlement negotiation.
- Defense of mobile application developer in connection with claims arising out of obligations of the non-surviving entity in a troubled reverse merger. Claimants sought payment for the various debts assumed by our client, the surviving entity, in connection with the merger. Developed and presented compelling arguments to the claimants and the court that the surviving entity was not liable for most, if not all, of the claimed debts. Resolved the outstanding debts for a fraction of the amounts demanded.
- Defense of comic book publisher against artist seeking damages for breach of license agreement and work for hire contract, an accounting, and specific performance. Resolved matter favorably during pendency of motion to dismiss.
- Defense of 42 shipping and packing store franchisees and their owners against claims by former store owners that the 42 stores, the corporate franchisor, and the corporate parent had engaged in an organized campaign of misrepresentations to customers that had led to the demise of the claimants’ stores in violation of the Lanham Act’s prohibition on false advertising. Litigation involved two motions to dismiss that ultimately narrowed a blunderbuss complaint to the Lanham Act false advertising claim. Coordinated the defense of the 42 stores and their owners with the defense team of the corporate parent and the franchisor. Handled the intake and fact gathering with respect to the stores and store owners. Handled the collection and review of massive amounts of data and documents. Successfully petitioned federal magistrate judge for limitations on discovery of the stores and their owners, including limiting discovery to only three store owners on nearly all approved requests. Defended numerous depositions. Developed the strategy for the deposition of plaintiffs’ key witness, a private investigator who had attempted to record the purported wrongful conduct at each store. Worked closely with co-counsel to successfully dismiss all claims on summary judgment.
- Prosecution of game show format developer’s claims against show producer in connection with dispute over royalty revenue sharing. Successfully defeated motion to dismiss. Engaged in highly adversarial discovery. Successfully defeated motion for protective order and obtained sanctions against counsel in connection with her dishonest conduct and gamesmanship. Matter settled immediately thereafter on very favorable terms.