Class Action Lawsuits and Multi-District Litigation

• FIM Advisers/FIM Limited and principals in nationwide class action alleging fraud, breach of fiduciary duty, negligence and various contract claims relating to investments in Madoff securities.
• Cushman & Wakefield in nationwide class action alleging fraud, misrepresentation, breach of fiduciary duty, negligence, conspiracy and violations of RICO relating to appraisal practices.
• Fidelity National Financial in a series of nationwide consumer class actions alleging claims of deceptive trade practices, consumer fraud and unjust enrichment relating to title insurance underwriting practices.
• Marvel Enterprises in nationwide class action alleging breach of terms of sale, unjust enrichment and deceptive trade practices relating to distribution of publications.

Transactional Disputes/Derivative Actions

• Robert Pittman in derivative actions alleging breaches of fiduciary duty relating to $1 billion loan transaction involving Clear Channel Holdings.
• Appaloosa Management in adversary proceeding by Delphi Corporation alleging fraud, breach of contract and right to equitable subordination relating to $2.5 billion equity investment transaction.
• Entertainment Distribution Corporation (formerly known as Glenayre) in parallel federal and state derivative actions alleging breaches of fiduciary duty in connection with backdated stock options.
• Premier, Inc., a 41% shareholder in Medibuy, in derivative action alleging breaches of fiduciary duty and self-dealing in connection with merger transaction.
• Marathon Asset Funding in connection with dispute relating to purchase of $2.1 billion in real estate assets upon consummation of merger transaction.
• Insignia Financial Group and Minskoff Equities in breach of contract actions seeking investment advisory fees relating to transactions.

Bankruptcy/Restructuring Proceedings

• CarVal Investors UK in connection with customer claims in Lehman bankruptcy proceedings.
• FIM Advisers/FIM and principals in clawback/fraudulent conveyance action in Madoff bankruptcy proceedings.
• Istithmar World in restructuring proceedings relating to W Hotel at Union Square.
• Plaza Construction relating to breach of Construction Management agreement by significant homebuilding corporation in bankruptcy and in disputes with subcontractors relating to claims for payment.
• Marvel Enterprises in connection with various licensing disputes, including adversary proceedings to reject various agreements in bankruptcy.

Real Estate Matters

• In May 2020, secured a complete victory in defeating a preliminary injunction and lifting a TRO to allow our client to proceed with a UCC sale of pledged membership interests in connection with a defaulted mezzanine construction loan on a New York City project. The borrower sought injunctive relief on the basis that the sale was prohibited by New York Gov. Andrew Cuomo’s executive orders in effect during the COVID-19 pandemic, and that it was commercially unreasonable to proceed with the sale while New York remained in a state of disaster emergency.
• HSBC in connection with dispute with borrower, including commencement of foreclosure proceedings.
• Commercial landlords and tenants in significant leasing disputes, including disputes relating to real estate tax escalations and other additional rent charges, violations of use provisions.
• Developer in action to enjoin intended use of property as medical facility in residential neighborhood.
• New York University in action by various community organizations seeking to enjoin construction of student center facility based on various environmental and zoning laws.
• Developer in Article 78 proceeding challenging variance permitting development of significant commercial building in an area in which only residential buildings were permitted as of right.

Construction Litigation

• JPMorgan Chase in connection with a series of construction disputes relating to mismanagement and overcharges during construction of core data center facilities, and in disputes with general contractor and subcontractors relating to claims for payment for construction of U.S. headquarter building.
• Alvin Ailey Foundation in litigation with contractor relating to defective floor installation.
• TrizecHahn Office Properties in litigation brought by engineering firm relating to construction of facility.

Other Commercial Matters

• City Investment Fund in dispute with Intercontinental Hotel Group relating to management agreement for Crowne Plaza-Times Square.
• Capital One in action to enforce rights as lender, including judicial foreclosure proceedings and actions to enforce guarantees.
• Unum Group in action against insurance brokers seeking reimbursement of commissions and rescission of insurance agreements procured by fraud.
• Genworth Financial in connection with arbitration relating to issuance of bulk insurance to Countrywide Mortgage relating to mortgage pools.
• Seavest in connection with limited partnership dispute relating to mismanagement of partnership real property and breaches of fiduciary duty.
• Piaggio Group USA in connection with breaches of dealership agreement by licensee.
• Audit committee of the board of directors of a major financial institution in connection with internal investigation relating to alleged multi-million-dollar construction cost overruns and alleged violations of existing bank controls.
• Title insurance underwriters in connection with investigation by the New York state attorney general relating to underwriting practices and disclosures.
• Marvel Enterprises in breach of contract action by Stan Lee seeking profits allegedly owed pursuant to his employment agreement.

Intellectual Property Disputes

• Marvel Enterprises in several litigations relating to ownership to copyrights and trademarks to intellectual property, including Marvel v. Wolfman (Blade), Marvel v. Simon (Captain America), Marvel v. Friedrich (Ghost Rider) and Marvel v. Kirby (X-Men, The Incredible Hulk, Fantastic Four, Daredevil, Ironman and others).