Leo V. Gagion

Leo V. Gagion

Leo Gagion's principal areas of practice include complex commercial litigation and arbitration, and securities litigation. He has counseled and represented firm clients in a variety of industries, including the biotechnology, energy, investment, chemical, reinsurance, sports, food and gasoline industries.

In the area of complex commercial litigation, Mr. Gagion has recently participated in the defense of PG&E Corporation in the matter of , PJM-03-2920 (D.Md). In this case, NEG, a former subsidiary of PG&E, commenced an adversary proceeding against PG&E, and two of its officers in connection with NEG's pending bankruptcy proceeding, claiming that PG&E, and its officers had violated the terms of an oral tax sharing agreement between PG&E and NEG, breached fiduciary duties owed to NEG and its creditors, and committed a fraud, by failing to pay NEG for more than $400 million in tax savings achieved by PG&E on its 2002 federal consolidated income tax return as a result of losses generated by NEG and its subsidiaries. The matter was resolved by settlement in September 2004 on terms favorable to PG&E.

Mr. Gagion has also participated in the defense of MedImmune, Inc. in the matter of MediGene AG v. Loyola University of Chicago & MedImmune, Inc., (N.D. Ill.), in which MediGene AG, a German biotechnology corporation, claimed that MedImmune had tortiously interfered with its business relationships with Loyola University of Chicago and had breached the terms of a Material Transfer Agreement executed between MedImmune and MediGene. The matter concerned technology MedImmune had licensed from Loyola University of Chicago in conjunction with MedImmune's program to develop a vaccine to prevent various ailments connected with Human Papilloma Virus, including cervical cancer. In March 2001, at the conclusion of discovery, summary judgment was granted in favor of MedImmune on all claims alleged against it in the action.

Also in the biotechnology area, Mr. Gagion has recently participated in the defense of Generex Biotechnology Corporation, a Delaware biotechnology corporation, and Generex Pharmaceuticals, Inc., an Ontario biotechnology corporation, in connection with the matter of Sands Brothers & Co., Ltd. v. Generex Pharmaceuticals, Inc., (New York Stock Exchange), in which the firm was retained by the Generex entities to attempt to vacate an arbitration award compelling Generex Biotechnology Corporation, among other things, to grant warrants for over 1.5 million shares of its stock to the plaintiff, a New York investment banking firm. The dispute arose out of an investment advisory agreement executed by the plaintiff and a representative of the respondents in 1997. The New York Supreme Court, Appellate Division, First Department has now twice vacated the portion of the arbitration award compelling the issuance of the warrants. Mr. Gagion is presently participating in the continued defense of the respondents in this matter.

Mr. Gagion has also represented Lone Star Opportunity Fund, L.P. and related entities in the matters of Compania Hotelera Gran Caribe Real. S. de R.L. de C.V., et seq. v. Lone Star Opportunity Fund, L.P. et al., (S.D.N.Y.) and (N.Y. Supreme Court, N.Y. Co.), in which the owners of hotel properties in Cancun, Mexico, sought to enjoin Lone Star from proceeding with foreclosure proceedings on said properties in Mexico due to the plaintiffs' breach of various loan agreements. Both the Federal District Court in New York and, subsequently, the New York State Supreme Court denied the plaintiffs' efforts to seek injunctive relief and to prevent the foreclosure proceedings. The denial of injunctive relief was upheld by the United States Court of Appeals for the Second Circuit upon an expedited hearing.

In the securities area, Mr. Gagion has participated in the defense of MedImmune, Inc., in connection with a class action, entitled In re MedImmune, Inc. Securities Litigation (D. Md.), in which the Company and certain of its officers and directors were accused of having issued false and misleading information to the market regarding the prospects for RespiGam, a product designed to prevent respiratory syncitial virus in infants. The action was settled on terms favorable to the Company upon the conclusion of discovery. Mr. Gagion also participated in the defense of Cytogen Corporation in the case of Brown v. Cytogen Corporation, et al., (E.D. Mo.), an action brought by several former holders of warrants to purchase Cytogen common stock, who claimed that Cytogen and certain of its officers and directors issued false and misleading information to the market regarding the prospects for certain products in development. The Federal District Court granted Cytogen's motion to dismiss the Complaint for failure to state a claim.

Mr. Gagion clerked for the Honorable Roger J. Miner on the United States Court of Appeals for the Second Circuit and the United States District Court for the Northern District of New York upon his graduation from law school in 1984. Mr. Gagion also served as a legal assistant to two members of the Iran-United States Claims Tribunal in The Hague, The Netherlands in 1987-1988. He became a member of the firm in January 1998.

Selected Activities

· American Bar Association

· Section of Litigation

· New York Bar Association

· Bar Association of the City of New York