Andre K. Cizmarik: Lawyer with Edwards Wildman Palmer LLP

Andre K. Cizmarik

Counsel
New York,  NY  U.S.A.
Phone212-912-2731

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Experience & CredentialsOther Offices
 

Practice Areas
  • ......................... 50%
    Commercial Litigatio...
  • ......................... 20%
    Trademark Litigation
  • ......................... 10%
    Estate Litigation
  • ......................... 10%
    Employment Litigatio...
  • ......................... 10%
    Patent Litigation
 
University Fordham University, B.A., summa cum laude, 1989; Fordham University Graduate School of Arts & Science, M.A., summa cum laude, 1990
 
Law SchoolColumbia University, J.D., 1993
 
Admitted1993, New Jersey and U.S. District Court, District of New Jersey; 1994, New York and District of Columbia; 1995, U.S. Court of Appeals, Third Circuit; 1996, U.S. District Court, Southern and Eastern Districts of New York; 2002, U.S. Court of Appeals, Fourth Circuit; 2004, U.S. Court of Appeals, First, Sixth, Seventh and Eleventh Circuits; 2005, U.S. Court of Appeals, Second, Ninth and Tenth Circuits; 2006, U.S. Court of Appeals, Fifth and Federal Circuits
 
Memberships 

Memberships

Association of the Bar of the City of New York, Criminal Justice Operations Committee, 2011-Present

 
BornFlushing, New York, July 24, 1968
 
Biography

During the past 19 years, Andre has been involved in a wide range of civil litigation matters, involving commercial contract disputes, employment-related matters, real estate, legal malpractice, copyright, trademark and patent infringement, counterfeiting, unfair competition, unfair trade practices, securities and probate litigation in both federal and state courts throughout the country and before various arbitral tribunals such as the ICC, AAA and NASD. Recognizing that litigation can be costly and disruptive to a client's livelihood, Andre seeks to resolve business conflicts in a manner that minimizes the impact on the day-to-day operations of his clients' businesses, while simultaneously vigorously advocating his clients' interests. He has worked with clients in a variety of businesses and industries including financial services, banking, real estate, book and music publishing, health and beauty aids, hair care products, perfumes and fragrances, food ingredients, diamond mining, pharmaceuticals, hotels, restaurants, airlines and computers. Additionally, Andre is a member of the Firm's Pro Bono Committee and is the pro bono coordinator in the New York Office. Andre also serves as a Special Assistant District Attorney for the Nassau County District Attorney's Office.

• Andre was part of the trial team that successfully opposed a motion for contempt seeking almost $100 million in damages. The team also prevailed in convincing a federal judge to prospectively and retroactively vacate a 17-year-old, anti-competitive injunction that the plaintiff sought to enforce against the Firm's client.

• Andre was appointed by a New York Supreme Court Justice to act as Counsel to the Receiver in connection with the foreclosure of two major New York City hotels which have defaulted on over $340 million in loans.

• He was part of a litigation team that tried and won a multi-billion dollar patent infringement action against generic drug manufacturers claiming fraud and patent invalidity. That trial victory was later upheld on appeal by the Federal Circuit. In subsequent proceedings, the team obtained an award of almost $17 million in attorneys' fees and costs as a result of defendants' frivolous claims and litigation misconduct. This judgment (later upheld on appeal) is the largest fee award ever in the history of ANDA litigation.

• Andre was part of a defense team that favorably settled a trademark counterfeiting case seeking several million dollars in damages arising from the distribution of alleged counterfeit diabetic test strips.

• He also was successful in moving to dismiss class action claims asserted under the Ohio Consumer Sales Practices Act by a purported class of purchasers of ceramic hair irons.

• Andre is lead counsel in a lawsuit commenced under the Telephone Consumer Protection Act based on violations arising from the transmission of vast quantities of unsolicited facsimiles by a major U.S. cruise line. Andre was successful in having the U.S. Court of Appeals for the Second Circuit rule - in a case of first impression - that federal courts have jurisdiction to entertain private suits under the TCPA. This decision marks the first time since the TCPA's inception in 1991 that any federal appeals court has held that an individual plaintiff may sue in federal court under the TCPA.

• Andre was successful in defending an antitrust and tortious interference action seeking $250 million in damages against several of the firm's clients. After having one of the firm's clients dismissed from the case for lack of personal jurisdiction, he succeeded in having the entire case transferred to a more convenient federal district. Thereafter, the transferee district court granted our clients' motions to dismiss the complaint in its entirety. Finally, the district court issued a decision holding that our clients were entitled to an award of attorneys' fees.

• A federal district court - in a case of first impression - granted summary judgment on behalf of a client that was sued for alleged trademark infringement and dilution arising out of the unauthorized re-sale of the trademark holder's hair care products. Thereafter, the decision was upheld on appeal by the Fifth Circuit.

• He prevailed on a motion to dismiss a multi-million dollar case brought under the federal Racketeering Influenced Corrupt Organization ("RICO") Act involving claims arising under the National Stolen Property Act.

• Andre was also part of a litigation team that defended a commercial real estate client in a $25 million lawsuit arising out of a purported breach of a lease. The team developed a strategy to undermine the plaintiff's claims, and the plaintiff ultimately settled for a small fraction of its alleged claims prior to trial.

• He was victorious in moving to dismiss a Section 11 and 12 securities class action brought against a software manufacturer whose new product failed to become commercially viable.

• Andre was lead counsel in prosecuting a dispute arising from breach of a law firm dissolution agreement, and favorably settled the case after winning a motion to strike defendants' Answer due to repeated discovery misconduct.

• He was lead counsel in connection with the defense of a fiduciary of a multi-million dollar estate who had been accused of self-dealing and other financial improprieties. The case settled favorably for a fraction of the Objectants' original claim.

• Andre was the lead counsel as well in representing numerous distributees in connection with a multi-million dollar kinship proceeding in Surrogate's Court.

• He is representing a trustee of a testamentary trust where the income beneficiaries are attempting to terminate the trust and access the trust principal.

• Andre favorably settled a lawsuit commenced against his client by investors in a start-up venture who sought to recover the proceeds of their investment based on claims of mismanagement, self-dealing and fraud.

• Andre defeated a motion for a preliminary injunction in a trade libel and unfair competition suit brought by a software manufacturer. In subsequent proceedings, he was successful in having the entire action dismissed pursuant to California's anti-SLAPP statute.

• Since 2002, Andre has been a Special Assistant District Attorney for the Nassau County District Attorney's office. In that pro bono capacity, he has successfully opposed numerous appeals by defendants who were convicted of crimes including stalking, menacing, assault, theft, criminal possession of controlled substances, burglary, attempted robbery, armed robbery, arson, attempted murder, felony murder, and second degree murder. Furthermore, Andre is representing various prison wardens who have been sued in federal court by prisoners who are petitioning for a Writ of Habeas Corpus in an effort to have their convictions overturned on federal constitutional grounds.

• In connection with a court-ordered mediation of an employment discrimination action, Andre represented the plaintiff on a pro bono basis against the New York City Housing Authority and settled the suit on very favorable terms for the aggrieved plaintiff.

Published Cases

1. Takeda Pharmaceutical Co. v. Mylan, Inc., 2012 WL 4832813 (S.D.N.Y. Oct. 11, 2012);

2. People v. Boyd, 951 N.Y.S. 2d 889 (2d Dept. 2012);

3. Yves Saint Laurent Parfums, S.A., v. Costco Wholesale Corp., 2012 WL 1551740 (S.D.N.Y. May 2, 2012);

4. Bessaha v. Rock, 2012 WL 1458195 (E.D.N.Y. April 27, 2012);

5. Singh v. Greene, 2011 WL 2009309 (E.D.N.Y. May 20, 2011);

6. People v. Barley, 919 N.Y.S. 2d 86 (2d Dept. 2011);

7. People v. McKinnon, 911 N.Y.S. 2d 404 (2d Dept. 2010);

8. Matrix Essentials, Inc. v. Quality King Distributors, Inc., 2009 WL 3817242 (E.D.N.Y. Nov. 13, 2009);

9. Gottlieb v. Carnival Corporation, 2009 WL 2151336 (E.D.N.Y. July 29, 2009);

10. People v. Boyd, 889 N.Y.S. 2d 490 (2d Dept. 2009);

11. Matrix Essentials, Inc. v. Quality King Distributors, Inc., 2009 WL 1010029 (2d. Cir. Apr. 15, 2009);

12. People v. Singh, 875 N.Y.S. 2d 553 (2d Dept. 2009);

13. Gottlieb v. Carnival Corporation, 2009 WL 261952 (E.D.N.Y. Feb. 5, 2009);

14. Takeda Chemical Industries, Ltd., v. Mylan Laboratories, Inc., 549 F.3d 1381 (Fed. Cir. 2008);

15. People v. Bessaha, 863 N.Y.S. 2d 238 (2d Dept. 2008);

16. Smart Science Labs., Inc. v. Promotional Marketing Servs., Inc., 2008 WL 2790219 (M.D. Fla. Jul. 18, 2008);

17. Farouk Systems, Inc. v. Target Corporation, Inc., 2008 WL 181130 (5th Cir. Jan. 22, 2008);

18. Victory International, Inc. v. Perry Ellis International, Inc., 2008 WL 65177 (D.N.J. Jan. 2, 2008);

19. Matrix Essentials, Inc. v. Quality King Distributors, Inc., 522 F. Supp. 2d 470 (E.D.N.Y. 2007);

20. Takeda Pharmaceuticals Co., v. Sandoz, Inc., 2007 WL 2936208 (S.D.N.Y. Oct. 9, 2007);

21. Takeda Chemical Industries, Ltd., v. Alphapharm Pty., 2007 WL 1839698 (Fed. Cir. June 28, 2007);

22. Takeda Chemical Industries, Ltd., v. Mylan Laboratories, Inc., 2007 WL840368 (S.D.N.Y. Mar. 21, 2007);

23. People v. Howard, 827 N.Y.S. 2d 883 (2d Dept. 2007);

24. Takeda Chemical Industries, Ltd., v. Mylan Laboratories, Inc., 459 F. Supp. 2d 227 (S.D.N.Y. 2006);

25. Farouk Systems, Inc. v. Target Corporation, Inc., 2006 WL 2583449 (S.D. Tex. Sept. 6, 2006);

26. People v. Coad, 810 N.Y.S. 2d 670 (2d Dept. 2006);

27. Takeda Chemical Industries, Ltd., v. Mylan Laboratories, Inc., 417 F. Supp.2d 341 (S.D.N.Y. 2006);

28. Gottlieb v. Carnival Corporation, 436 F.3d 335 (2d Cir. 2006);

29. Takeda Chemical Industries, Ltd., v. Mylan Laboratories, Inc., 2006 WL 83112 (S.D.N.Y. Jan. 12, 2006);

30. Takeda Chemical Industries, Ltd., v. Alphapharm Pty., Ltd., 2006 WL 66480 (S.D.N.Y. Jan. 12, 2006);

31. Takeda Chemical Industries, Ltd., v. Alphapharm Pty., Ltd., 2006 WL 83366 (S.D.N.Y. Jan. 11, 2006);

32. Takeda Chemical Industries, Ltd., v. Alphapharm Pty., Ltd., 2006 WL 137374 (S.D.N.Y. Jan. 11, 2006);

33. Takeda Chemical Industries, Ltd., v. Mylan Laboratories, Inc., 2006 WL 44053 (S.D.N.Y. Jan. 9, 2006);

34. Takeda Chemical Industries, Ltd., v. Alphapharm Pty., Ltd., 2005 WL 1678001 (S.D.N.Y. July 19, 2005);

35. Takeda Chemical Industries, Ltd., v. Alphapharm Pty., Ltd., 2004 WL 1872707 (S.D.N.Y. Aug. 19, 2004);

36. In Re Opus 360 Corp. Securities Litigation, 2002 WL 31190157 (S.D.N.Y. Oct. 2, 2002);

37. People v. Nunn, 298 A.D. 2d 604, 748 NYS 2d 690 (2d Dept. 2002).

Before Edwards Wildman

Before joining the Firm, Andre was an associate at a number of prominent New York firms, including Simpson Thacher & Bartlett. During law school, Andre was a legal intern to the Honorable George C. Pratt, United States Court of Appeals for the Second Circuit and the Honorable Arthur D. Spatt, U.S. District Court, E.D.N.Y. After graduating law school Andre served as a law clerk to the Honorable James L. Latchum, U.S. District Court for the District of Delaware (1993-1994) and to the Honorable Robert E. Cowen, United States Court of Appeals for the Third Circuit (1994-1995).

Besides Edwards Wildman

Since 2002, Andre has served as a Special Assistant District Attorney to the Nassau County District Attorney's Office. Also, Andre is a member of the Criminal Justice Operations Committee of the Association of the Bar of the City of New York and a member of the SDNY Mediation Panel. Additionally, Andre was appointed as a Court Examiner by the Presiding Justice of the Appellate Division of the Supreme Court, First Department and served in that capacity from 2004-2007.

Memberships

Association of the Bar of the City of New York, Criminal Justice Operations Committee, 2011-Present

 (Also at Madison, New Jersey Office)

 
ISLN909833396
 
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Office Information

Andre K. Cizmarik

750 Lexington Avenue
New YorkNY 10022-1200




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