Representative Matters.

Multinational Beverage Company - Business Dispute - New Jersey Franchise Practices Act.  Represented leading, multinational, bottled water company in major federal court litigation filed by a distributor that, based on New Jersey’s Franchise Practices Act, sought substantial damages and an injunction prohibiting the client’s exercise of its right not to renew a distributor agreement. Defeated distributor’s motion for a preliminary injunction, which the Third Circuit affirmed following an expedited appeal. This result was particularly important to client because it prompted settlement without protracted litigation, and enabled client to reposition distribution model in the southern part of New Jersey to include channels of distribution that did not exist when the parties executed a distributor agreement two decades earlier. (Prior Firm Experience)

 

Multinational Food & Beverage Company - Resolution of Significant Supply-Chain Disruption.  Represented leading, multinational, food and beverage company in connection with emergent issues resulting from avian flu outbreak, which caused egg suppliers to invoke force majeure and other contractual clauses to try to justify severely curtailing or terminating egg-supply obligations. Provided creative, strategic and business-focused legal advice that resulted in suppliers’ continued, uninterrupted supply of eggs to client, without extensive and costly litigation. This resolution was critically important because disruption of egg supply would have severely damaged client, its leading brands and its top-selling products. (Prior Firm Experience)


International Financial Institution - Business Dispute/Financial Crisis.  Obtained dismissal of complaint on behalf of major international financial institution in litigation commenced by an investment bank seeking a purported “success fee” arising out of a “bailout” transaction between the financial institution and its regulator, the Swiss National Bank (“SNB”), related to the financial crisis of 2008. Deciding an issue of first impression, the New York Court of Appeals dismissed the complaint. That result was particularly important to client because it avoided discovery regarding highly-sensitive matters from its high-ranking employees and from SNB officials, while saving substantial fees and costs associated with such discovery. (Prior Firm Experience)

 

International Diamond Grading Network - Trial Victory in Trademark/Unfair Competition Dispute.  Trial victory in federal court in a complex case involving novel legal issues, alleging trademark infringement, unfair competition, contributory infringement and trademark dilution. Court denied all claims against clients, including requests under the Lanham Act for $140 million in damages, and draconian and sweeping permanent injunctive relief. (Prior Firm Experience)

 

Commercial Lender - Successful Defense of Conversion, Unjust Enrichment and Fraud Claims.  Obtained dismissal of litigation filed against commercial lender in New York state court by a former employee alleging client wrongfully retained funds belonging to him.  This action, which involved related litigation filed in China and Singapore, includes claims for fraud, conversion, conspiracy to commit fraud, breach of fiduciary duty and breach of article 4 of the UCC. (Prior Firm Experience)

 

Special Servicer - Motion for Summary Judgment Granted Lender Liability and Breach of Good Faith Claims Dismissed.  Successful defense of  special servicer of an $18 million loan secured by a Parsippany, New Jersey hotel property against debtor's claims of fraud, lender liability and breach of good faith. Court granted motion for summary judgment dismissing all claims against client. (Prior Firm Experience)

 

Apparel Manufacturer - Successful Defense in Breach of Contract and Unpaid Compensation Action - Successful Prosecution of Breach of Contract Claims. Obtained summary judgment, following intentionally streamlined discovery, dismissing complaint against leading outerwear manufacturer, and granting judgment to client on counterclaims for breach of employment agreement and breach of representations and warranties in asset purchase agreement. (Prior Firm Experience)

 

Commercial Real Estate Dispute - Enforced Right of First Refusal.  Successful representation of tenant at Lakewood, NJ commercial property in litigation seeking injunctive relief and specific performance arising out of landlord's wrongful attempt to sell property to third party in breach of "right of first refusal" clause in lease agreement between the parties. Secured injunction blocking sale, which cleared way for client to purchase property within a few months. (Prior Firm Experience)

 

Veteran NYC Developer - Partnership Dispute.  Successfully represented veteran New York City developer as plaintiff in litigation filed in New York state court arising out of dispute with former business partners over interests in major New York City real estate development project.  Promptly negotiated settlement agreement on favorable terms to client, who obtained substantial monetary payment and avoided protracted litigation. (Prior Firm Experience)

 

International Food Company - Vendor Disputes.  Represented New Jersey-headquartered subsidiary of Fortune 100 international food company in connection with contractual disputes with vendors and suppliers who failed to provide services required under contracts.  (Prior Firm Experience)


Private Equity Fund - Business Disputes.  Represented private equity fund in complex, parallel litigations in connection with expansive business dispute, including alter-ego claims, concerning hundreds of millions of dollars in courts in New York, Florida, Switzerland and Brazil, including a Brazilian bankruptcy proceeding, and an arbitration in São Paulo.  (Prior Firm Experience)

 

International Financial Institution.  Represented major international financial institution in connection with assorted litigations, arbitrations, internal investigations and responses to SEC and DOJ subpoenas.  (Prior Firm Experience)

 

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