Internal Investigations

In representing commercial enterprises and not-for-profit organizations in a variety of sensitive and complex internal investigations, the Firm uses forensic accountants, private investigators, and sophisticated computer tools to discover, analyze, and report misconduct, and to pursue it vigorously on behalf of clients.  Such matters have included:

• Representation of a not-for-profit and charitable organization whose executive director embezzled over a million dollars over a period of three years.  The Firm conducted a full investigation and reported its findings to the New York Attorney General.  The perpetrator was convicted of a felony charge and sent to State prison.
• Assisting a professional service firm victimized by a member of the support staff who falsified client financial documents and embezzled hundreds of thousands of dollars.  The Firm worked closely with the Manhattan District Attorney’s office to obtain a criminal conviction and full restitution of all stolen funds.  A parallel civil action resulted in recovery of the client’s investigation costs.
• Advising a financial services firm whose key administrative assistant engaged in extensive theft through massive abuse of computer technology. After being terminated for such misconduct, the employee sued.  The Firm investigated and reported the matter to the Manhattan District Attorney’s office. The staff member withdrew the lawsuit and pleaded guilty to the theft.  
• Responding to the concerns of several major international banks and brokerage firms who suspected that members of their staffs were committing regulatory violations and related misconduct.  The Firm’s investigations and reports led to the discipline and termination of culpable individuals and the revision of procedures to minimize the danger of recurrent violations.

Defamation, Privacy, and the Internet

The Firm has been active in defamation and privacy cases since its founding.  With the dramatic increase in potential for defamation liability associated with the rise of email and the Internet, the Firm has been increasingly involved in this area.

In addition to sustaining the largest defamation award to a terminated doctor in New York in one federal case, Purgess v. Sharrock and Hospital for Special Surgery, 33 F.3d 134 (2d Cir. 1994), and establishing the validity of the Libel-Proof Plaintiff doctrine in New York in another federal case, Jones v. Trump, 1997 WL 277375 (S.D.N.Y. 1997), the Firm has been involved in a number of cases that deal with defamation, privacy, and the use of email and the Internet.

Such matters have included representation of numerous employees accused of violating email and Internet policies at work.  In each of these instances, the Firm was able to achieve favorable results through litigation, arbitration, or negotiation.

Defamation, privacy, and Internet matters have also included representation of individuals who have been defamed and harassed by email, blogs, and other means.  In each of those instances, the Firm has worked with employers and prosecutorial personnel to defend and vindicate the rights of the victims of this misconduct.

Entertainment and Sports Law

The firm has been involved in a wide range of entertainment and sports matters since its inception, representing a variety of individuals and entities.  Such matters have included:

• Representation of theatrical producers in connection with negotiations over rights to intellectual property, grievances, and other disputes involving actors, designers, choreographers, and other members of guilds and unions.
• Advising record companies, artists, and managers involved in royalty, copyright, and contract disputes. 
• Counseling athletes and sports management companies in contract negotiations and dispute resolution proceedings related to endorsements, personal service contracts including broadcasting and celebrity appearances, and other issues unique to sports.

Commercial and Real Estate Transactions

The Firm has been involved in significant commercial real estate transactional matters, involving a wide variety of issues.  Such matters have included:

• Representation of start-up and established companies in financial services, publishing, energy, entertainment, food service, and other industries, including incorporation, preparation of partnership and shareholder agreements, creation of employment manuals, compliance with regulatory and licensing requirements, and assistance in marketing and promotion.
• Advising commercial and real estate entities, including asset and stock sales, purchases and sales in equity interests, and dissolution.
• Counseling one faction of the members of the second generation of a family sharply divided over the disposition of a valuable Manhattan real estate parcel left to them by the founding generation.  Although the other family members originally proposed to sell the parcel for $5 million, the Firm successfully persuaded the feuding family members to resolve their disputes and remarket the parcel, resulting in a sale price of over $15 million.
• Assisting a family-owned business in negotiations involving multi-use commercial space.  After several weeks of negotiation, the Firm was able to secure a multi-tiered option that allowed the family to retain its interest in the premises for another generation of its members.
• Representation of a restaurant owner whose premises were destroyed by fire.  Although the landlord claimed the right to demolish the building without compensation for the tenants, the Firm obtained an injunction and later renegotiated a buyout of the Tenant’s lease for over $1 million.