Commercial Litigation Results
We frequently represent individuals and businesses engaged in variety of commercial disputes, including employment disputes, business disputes, trademark disputes and government regulatory matters. Some of our representative matters are described below.
- Representation in Connection With Government Investigation
We represented a client who was the subject of a Securities and Exchange Commission investigation in connection with the issuance and sale of securities. After substantial production of documents and negotiations with the SEC, the investigation was terminated.
- Securities Fraud Litigation
We represented investors in several enterprises who alleged that they had invested as a result of fraudulent and misleading representations. After we commenced litigation, we were able to obtain repayment of a substantial share of the investments made by our clients. Additional recovery may be obtained as a result of ongoing obligations of the securities issuers.
- Prichard v. 164 Ludlow Corp., Successful Defense of Corporation and Corporate Executives in Action by Minority Shareholders
We were retained by a corporation to defend against a suit brought in federal court alleging claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and under state law. We successfully litigated a motion to dismiss, leading to a written opinion by the federal judge scathingly criticizing our adversaries’ claims. The opinion, Prichard v. 164 Ludlow Corp, 390 F.Supp.2d 408 (S.D.N.Y. 2005), is available here.
Undeterred the plaintiffs filed a second action, this time in state court, alleging breach of contract, fraudulent inducement and fraud. We were again successful in obtaining dismissal of all claims. The plaintiffs appealed to the Appellate Division, First Department, which unanimously affirmed the trial court. The opinion, Prichard v. 164 Ludlow Corp., 854 N.Y.S.2d 53 (1st Dep’t 2008), is available here.