Our trial law practice includes litigation, arbitration and appellate work. We are focused, in large part, on the representation of brokerage firms, registered securities industry professionals, and other securities industry personnel. On behalf of our clients, we have appeared in the Federal and State courts, as well as before the SEC, FINRA, the NYSE and various Federal and State regulatory and law enforcement authorities and agencies. The nature of our national engagements have spanned State securities agency investigations, litigation and arbitration arising from breach of post-employment restrictive covenants, as well as defense of customer-initiated arbitrations.
I. Our Securities Litigation Practice
1. Served as lead trial counsel for Bear, Stearns Securities Corp. in GBI, et al. v. Bear Stearns, et al., a civil action pending in the Superior Court for the State of New Jersey, County of Monmouth. The plaintiffs' complaint, which sought money damages in excess of three million dollars, alleged that Bear Stearns has failed to supervise a former back-office employee, who allegedly misused the firm's telephones, facsimile machines, and letterhead to perpetrate (and conspire with others to perpetrate) a criminal fraud upon the plaintiffs. After more than three years of discovery, and extensive motion practice, the action was tried before the Honorable Jamie S. Perri, and a jury. At the close of the plaintiffs' case in chief, after the fifth consecutive week of the jury trial, Bear Stearns's motion to dismiss was granted. We prepared the pleadings, conducted all the discovery, prepared and argued the motion for summary judgment, briefed the motions in limine, wrote the trial brief, participated in the jury selection, made the opening statements, cross-examined all the plaintiffs' witnesses, and successfully argued the motion to dismiss at the close of the plaintiffs' case.
2. We regularly represented Bear Stearns (now a J.P. Morgan Company) in customer-initiated arbitrations in which the customer's Statement of Claim typically alleged that Bear Stearns, in its capacity as clearing agent, should be liable for the conduct of its introducing brokers' employees. In numerous cases, our motion to dismiss as a matter of law were granted. The balance of the cases were settled by us on extremely favorable terms to Bear Stearns.
3. We represent registered investment advisory firms in (1) litigation arising from disputes with clients and (2) employment disputes, and (3) Investment Advisers Act compliance advice.
4. Several New York Stock Exchange member firms in customer-initiated arbitrations pending in different cities throughout the United States before FINRA and the NYSE in which the customer's Statement of Claims typically allege significant monetary and punitive damages, supposedly arising from, among other things, allegations of failure to supervise and alleged sales practice violations. (We have been active in the defense of those claims and investigations which tend to follow precipitous declines in the market value of securities.)
5. A major international private trading firm in disputes with other trading firms before both FINRA and the Supreme Court of the State of New York, as well as in employment law issues arising from a former employee's potential abuse and misuse of trade secrets.
6. One of the world's largest brokerage firms in connection with judicial enforcement in the state of New York of post-employment non-solicitation agreements restricting its former registered employees from soliciting former customers and misusing confidential and proprietary information. On behalf of that client, we have over the years commenced and successfully prosecuted numerous emergency applications for injunctive relief in aid of arbitration.
7. A senior compliance officer in an SEC investigation. We prepared and delivered a Wells Submission urging the Commission not to adopt an extremely aggressive theory of liability as applied to a person with oversight, and not supervisory duties. Ultimately, the SEC elected not to commence administrative proceedings against our client.
II. Our General Commercial Litigation and Arbitration Practice
We also represent businesses and corporate executives in commercial arbitration and litigation. For example, several years ago, we tried a complex adversary proceeding in the United States Bankruptcy Court for the Middle District of Tennessee of behalf of an inventor and his affiliated entities. We have appeared, over the past years as well as currently, in various State and Federal courts as well as before the American Arbitration Association. And, on behalf of a New York-based corporation, we have successfully defended involuntary corporate dissolution proceedings commenced by a dissident shareholder in the New York State Supreme Court.
III. Our Surrogate's Court Litigation Practice
We have over the years represented individuals and financial institutions in complex Surrogate's Court litigation pending before the Surrogates of Westchester, Nassau, Queens and Bronx counties. For example, in 1996, we tried a will contest before Surrogate Emanuelli of Westchester, and a jury. In 1997, we tried 10 day bench case before then Surrogate Radian of Nassau County. And, between 2003 and 2007 we represented Advest and Lebenthal in a complex disputes before the Bronx County Surrogate. We currently represent the executrix of a Last Will and Testament in a contentious matter before Surrogate Nahman of Queens County.
