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The (Former) Litigator

Service as lead trial attorney/litigator, Judge Pro Tem, Mediator and/or Arbitrator:

Business and Commercial litigated matters have included, but are not limited to many of those listed in the “Business and Commercial Attorney” section):

  • Director, shareholder, partner, employee disputes.
  • Breach of contract.
  • Breach of fiduciary and derivative actions.
  • Financial fraud and embezzlement.
  • Employee defalcation, theft, breach of contract, breach of restrictive covenants.
  • Trade regulation disputes – non-competition, non-solicitation and non-circumvent.
  • Intellectual Property:

    • Multiple U.S. District Court U.S. Trademark litigated matters (e.g. Lacoste Izod and other international Marks);
    • Copyright Infringement (e.g. U.S. District Court action against television Production Companyfor breach of Client’s literary copyrights; Ninth Circuit appeal.
    • Trade secret and proprietary information.
  • Business acquisitions and transactions (breach of contract related to sale/purchase, mergers).
  • Distribution agreements.
  • Construction – contract, defects, warranties, etc.
  • Real Estate – purchase/sale; breaches; defects; warranties.
  • Fee disputes – legal, medical, construction, royalty.
  • Provisional remedies – restraining orders, injunctions, receiverships.
  • Franchise (counsel on behalf of franchisor and franchisees.
  • Facilitator of franchise groups to minimize/prevent disruption of franchise activities.
  • Insurance disputes – medical, property, personal injury; litigation, mediation, arbitration.
  • Multi-Level Marketing programs – establishment, down-line litigation and arbitration.
  • RICO claims.
  • Product and premises liability.
    • Torts (prosecution and defense – slander, libel).
    • Personal Injury: prosecution and defense; lead counsel in trials related to brain damage, paraplegia, serious soft-tissue injuries; million and multi-million dollar verdicts and settlements (post and pre-trial).
    • Judge Pro Tem:Settlement Conferences.
    • Trust and Estate matters: Probate Court certified Mediator.
    • Family Partnership Disputes; Intergenerational Disputes; Family Dissolutions (e.g. assets exceeding $20,000,000.)Essentially “commercial disputes” with assets often including businesses / professional practices, real estate, securities portfolios, options, autos, planes, boats etc.)

Litigated matters included service as plaintiffs’ and defendants’ counsel in U.S. District Courts (SDNY, EDNY, Arizona); New York State Supreme Court (New York City; Nassau County); Arizona Superior Court (Maricopa, Yavapai County); in a variety of industries, including many set forth in above and in the Areas of Practice “Business and Commercial Attorney” section.

Service as Judge Pro Tem, Mediator and Arbitrator (see Areas of Practice).