Caroline J. Heller

Experience: Commercial Matters: Represented former chief science and technology officer of a company that developed and manufactured medical surgical devices against claims brought by that company for breach of contract and breach of fiduciary duty in the Southern District of New York, obtaining a dismissal of the claims on a motion to dismiss for lack of personal jurisdiction.; Represented investment vehicle of China-focused private equity fund in its action against a manufacturer of petrochemical products in China, and its principals, asserting claims for violations of the Securities and Exchange Act, common law fraud, and breaches of representations and warranties and contractual covenants in the Southern District of New York, obtaining a settlement.; Represented investment manager and its chairman against claims brought by investment manager's former president for conversion, aiding and abetting conversion, and tortious interference with advantageous business relationship in Florida State Court, as well as in an action brought by the investment manager against the former president asserting fraud in the Southern District of New York, obtaining a settlement in both cases.; Represented company in the business of providing financing solutions to small businesses against claims brought by seller of certain assets for breach of an asset purchase agreement in the Southern District of New York, obtaining a settlement.; Represented factoring company and its chief executive officer against claims brought by commercial finance company for aiding and abetting fraud, concealment, negligent misrepresentation, and negligence in the Northern District of California, obtaining a settlement.; Represented energy hedge fund and its principals against claims brought by investors for fraud, breach of fiduciary duty, and negligent misrepresentation in the Supreme Court of the State of New York, County of New York, obtaining a dismissal of all claims at a bench trial. The decision was affirmed on appeal by the Appellate Division, First Department, and the Court of Appeals denied the plaintiffs motion for leave to appeal.; Represented global financial broker and its principals against claims brought by former principal and member for breach of fiduciary duty, fraud, and breach of contract in the Supreme Court of the State of New York, County of New York, obtaining a settlement.; Represented president of real estate development firm against claims brought by special purpose entity for breach of a loan agreement in the Supreme Court of the State of New York, County of New York, obtaining a settlement.; Represented company engaged in development and commercialization of adjustable spectacle lens technology against claims brought by provider of medical supplies for breach of contract in the Supreme Court of the State of New York, County of New York, obtaining a settlement.; Pro Bono: Represented parent of child with dyslexia in appeal to the Second Circuit from a decision of a District Court, which held that the New York City Department of Education offered the child a free appropriate public education under the IDEA. Obtained an order from the Second Circuit reversing and remanding, and settled with the New York City Department of Education for full payment of the child's tuition at a private school for children with disabilities.; Represented parent of child classified with autism in appeal to the Southern District of New York from a decision of a New York State Review Officer, which held that the New York City Department of Education offered the child a free appropriate public education under the IDEA. Obtained an order reversing that decision and ordering that the New York City Department of Education pay in full for the child's tuition at a private school for children with disabilities.; Represented parent of child classified with autism and severe seafood/fish allergy in appeal to the Southern District of New York from a decision of a New York State Review Officer, which held that the New York City Department of Education offered the child a free appropriate public education under the IDEA. Obtained an order reversing that decision and ordering that the New York City Department of Education pay in full for the child's tuition at a private school for children with disabilities.; Represented disability non-profits in amici curiae briefs to the Supreme Court of the United States in Endrew F. v. Douglas County School District, docket no. 15-827, and in Fry v. Napoleon Community Schools, docket no. 15-497.; Represented inmate sentenced to a mandatory life term for committing first degree murder when he was 17 years old in resentencing hearing brought pursuant to Supreme Court decisions finding mandatory life terms for juveniles unconstitutional. At the resentencing hearing in the Court of Common Pleas, Philadelphia County, Pennsylvania, the Court resentenced the inmate to 28 years to life, making him eligible for parole immediately.