Representative Cases

The firm has been involved in a number of major matters in which it has successfully established and vindicated significant legal principles in reported decisions.  The following cases exemplify the firm’s breadth and depth of experience in complicated civil litigation.

Jones v. Trump, 1997 WL 277375 (S.D.N.Y. 1997)

Representation of Donald Trump in a federal lawsuit brought under various legal theories by a publicist who had been convicted of a felony in the state courts. The district court's key decision, dismissing all claims with prejudice, denying leave to replead, and directing the clerk of the court to close the case, made it clear that certain plaintiffs are "libel-proof" because of their own actions and the circumstances surrounding them. 

Longo v. Breda Transportation, Inc., 2008 WL 852052 (S.D.N.Y. 2008)

Representation of Paolo Longo, a senior executive in charge of the New York subsidiary of an Italian company under a long term contract, whose contract was breached when he was wrongly terminated on the basis of his employer’s claims of “cause”.  When he sued to enforce his contract, Mr. Longo was subjected to counterclaims alleging expense abuse.  Following two years of discovery and the defendant employer’s unsuccessful motion for summary judgment on its own counterclaims, the employer withdrew all of the counterclaims on the eve of trial.  After a two-week federal trial, a unanimous jury awarded Mr. Longo $2 million, representing his past and future income at the contractually required rate for the remainder of his contract.  The district court decision denying the employer’s post-trial motions held that although the term of an employment agreement may be keyed to objective benchmarks instead of a specific date, a jury could find that the agreement was for a definite duration and therefore not terminable at will. 

Roundabout Theatre Company, Inc. v. Continental Casualty Company, and J & H Marsh & McLennan, Inc., 775 N.Y.S.2d 857 (1st Dep't 2004)

Representation of J & H Marsh & McLennan, Inc., a major insurance broker accused of misconduct in connection with responding to a client's insurance needs. The unanimous Appellate Division decision, affirming the trial court's grant of summary judgment dismissing the complaint, held that the broker's express disclaimer of responsibility until it could meet with the client to properly assess the client's needs, together with the fact that no such meeting was held, resulted in no liability as a matter of law.

Purgess v. Sharrock and Hospital for Special Surgery, 33 F. 3d 134 (2d Cir. 1994)

Representation of Jan Purgess, a doctor terminated and defamed by accusations of malpractice and misconduct.  Following six years of litigation before the New York State Public Health Council and in federal court, the case resulted in the largest jury verdict for defamation of a doctor ever sustained in New York.  The unanimous circuit court decision affirming the $5.1 million total damage award established that neither mandatory reporting requirements nor statutory privileges would insulate hospitals or their department heads from the consequences of actions taken in bad faith.

• New York Law Journal, August 22, 1994, p. 1, col. 1; Medical Economics, April 10, 1995, pp. 113-119.

Gardiner International, Inc., and E. Nicholas P. Gardiner v. J.W. Townsend and Company, Inc. and John W. Townsend, Index No. 602002/03 (Sup CT NY Cty 2008)

Representation of Gardiner International, Inc. and its principal Nicholas Gardiner, executive search consultants who were entitled to $600,000 as their 75% share of an $800,000 placement fee on the basis of their having initiated the search that led to the fee.  The defendants, who were partners of the Gardiner parties, obtained and withheld the entire fee on the basis of their claim that they had been involved in the placement.  A unanimous state court jury awarded the Gardiner parties their full $600,000 share, determining that entitlement to the 75% share was based on initiation, not placement.   

Belin v. Weissler,  1998 WL 391114 (S.D.N.Y. 1998)

Representation of Barry Weissler, a theatrical producer accused of defrauding an investor in connection with his investment in a musical production.  After litigation in the federal courts of Iowa and New York, the case resulted in dismissal of all claims against the producer. The district court ruled that subscription agreements used for fundraising are enforceable in accordance with their terms, and that dissatisfied investors may not assert reliance on statements allegedly made outside such agreements where the agreements themselves expressly disclaim such reliance.

• New York Law Journal, July 24, 1998, p. 1, col. 3.

The firm has also handled a number of complex matters for individuals and companies, often spanning several years and involving institutional employers and multiple state and federal courts and regulatory agencies.