Financial services - Banking and insurance

• Lead counsel for global financial services and insurance brokerage firm in litigation related to the sale of certain health insurance plans.
• Lead counsel for global investment bank in residential mortgage-backed securities litigation brought by institutional investor seeking US$600 million in damages based on RICO, common law fraud and related claims. Case was settled during the early stages of discovery on highly favorable terms.
• Lead counsel for global investment bank in residential mortgage-backed securities litigation involving claims for rescission based on allegations of fraud and mistake. Case was settled shortly after filing the bank’s motion to dismiss.
• Represented global banking institution in several federal and state court residential mortgage-backed securities litigation matters asserting federal securities, RICO and common law claims. The cases, which collectively involved damages in excess of US$1 billion, were settled following court orders granting the bank's partial motions to dismiss.
• Represented investment bank in commercial mortgage-backed securities litigation asserting breaches of reps and warranties in a purchase loan and security agreement. Obtained judgment in the bank’s favor following a bench trial in New York federal court.
• Represented Fortune Five conglomerate in dozens of litigation, arbitration and regulatory proceedings in the US, UK and Bermuda to recover insurance for its substantial environmental cleanup liabilities. The cases involved complex and novel insurance and reinsurance issues and all were resolved by favorable court decisions and settlements netting the client several hundred million dollars.
• Defended insurance broker-dealer in FINRA arbitration and federal court action alleging restrictive covenant violations and trade secrets theft. The case settled following closing arguments in the four-week long FINRA arbitration and shortly before commencement of trial in federal court.
• Lead counsel for life insurance and annuities company in connection with corporate governance and employment matters following the company's spin-off as a stand-alone public company.
• Defended global insurance brokerage firm against SOX whistleblower, contract and fraud claims in parallel federal court and OSHA regulatory proceedings.
• Represented insurance claims administrator in federal court action seeking US$75 million for alleged fraud and negligent administration of claims under NYC taxi and limousine fleet insurance policies.
• Co-lead counsel for private equity firm in state court action seeking damages based on fraud and breach of contract stemming from a fraudulent proprietary trading scheme. 
• Lead counsel for global insurance brokerage firm in multiple New York State court actions brought by insured contractor seeking indemnification based on allegations of broker malpractice.
• Represented commercial lines insurer in connection with proposed settlement of New York State court litigation asserting fraud and misrepresentation claims under New York and Russian law.

Antitrust and unfair competition

• Represented major telecom company in landmark US Supreme Court case, Bell Atlantic v. Twombly, a nationwide antitrust class action involving claims the former regional Bell operating companies unlawfully conspired to monopolize the market for long-distance telephone and high-speed internet service. The case concluded with the US Supreme Court's seminal opinion confirming dismissal under Fed. Civ. P. 12(b)(6) for failure to state plausible claims for relief under the Sherman Act.
• Obtained permanent injunction following three-week bench trial in the Eastern District of New York for major US telecom company banning competitor's nationwide false advertising campaign.
• Represented a Korean pharmaceutical supplier in a dispute and potential ICC arbitration seeking damages for breach of a pharmaceutical supply agreement and related unfair competition claims.
• Represented home improvement retailer in action asserting patent and copyright infringement and unfair trade practices claims stemming from the alleged sale of Chinese manufactured replicas of plaintiff’s lighting fixtures.
• Defended Greek yogurt manufacturer against copyright and trademark infringement claims asserted by competitor in parallel federal court actions in New York and Minnesota and related hearings before the Trademark Trial and Appeals Board.
• Represented spray foam insulation manufacturer and distributor in federal court action alleging patent infringement, unfair trade practices and misappropriation claims.

Data privacy and cybersecurity

• Advised insurance company in connection with enforcement proceeding brought by the New York Department of Financial Services concerning alleged violations of the New York Cybersecurity Regulation.
• Represented domestic insurance company in connection with incident response and reporting obligations under New York State and Delaware law.
• Represented global insurance company in dispute with vendor involving claims for breach of a computer services licensing agreement.
• Assisted various insurance companies with cybersecurity risk assessments and the negotiation of technology and cybersecurity provisions of master services agreements.
• Prepared litigation risk assessment for use in mediation and settlement of data breach class action.
• Advised software provider in connection with disclosure obligations and potential third-party liability relating to potential software vulnerability.
• Provided fintech company with privacy and cybersecurity regulatory advice under New York law.
• Advised regional bank of disclosure obligations under Graham-Leach-Bliley Act Safeguards Rule.
• Provided private equity firm with advice concerning the New York Cybersecurity Regulation and SHIELD Act.

White-Collar litigation, regulatory proceedings and investigations

• Defended entrepreneur in high-profile DOJ criminal prosecution under Foreign Corrupt Practices Act stemming from the privatization of the oil industry in Azerbaijan.
• Represented Fortune Five conglomerate and its former CEO in SEC investigation and related action involving executive compensation, benefits and stock option valuation and disclosure issues.
• Represented REIT in connection with settlement of qui tam action alleging FCA, Anti-Kickback Statute and similar state law violations arising out of a hospital merger.
• Represented financial services companies and senior executives in various DOJ, DOL, NYAG and state insurance regulatory proceedings and investigations.
• Represented former executive of investment bank in federal civil and criminal proceedings relating to the issuance of municipal bonds.
• Represented former executive of cable equipment manufacturer in DOJ investigation involving alleged accounting irregularities.

Employment litigation and disputes

• Represented fashion designer as plaintiff in federal court action against retailer for breach of employment consulting contract following retailer's refusal to honor agreement to develop branded clothing line. The case settled following the Second Circuit reversal of the district court's dismissal of the action and our later victory on a motion for partial summary judgment.
• Defeated SOX whistleblower claims asserted by former employee of insurance brokerage firm in parallel federal court and OSHA regulatory proceedings.
• Defended global real estate construction conglomerate in action by former executive alleging breach of contract with respect to tax withholdings for compensation paid during overseas assignment.
• Represented venture capital firm in negotiation and execution of termination and indemnification agreements with senior executive.

Workout, bankruptcy and foreclosure proceedings

• Represented private equity firms in loan workout and threatened TRO and preliminary injunction proceedings involving investment in motor vehicle dealership providing services to ride sharing companies.
• Represented private equity firm in workout and foreclosure proceedings involving a hotel property in Scranton, PA.
• Represented telecom company as creditor in Chapter 11 insolvency and adversary proceedings following its acquisition of a cable and long distance telephone business from Global Crossing.
• Represented members of board of directors in Chapter 11 proceeding of New York regional telecom cable communications service provider.
• Represented creditors' committee in Chapter 11 proceeding of global cable communications company.