Represented plaintiff board of trustees of retiree medical fund in action brought under the Employee Retirement Income Security Act ("ERISA") to recover unpaid employer contributions and defeated motions to dismiss. Fishbein v. Miranda, Civil Action No. 06-CV-13222, 2009 WL 3849676, 2009 U.S. Dist. LEXIS 107286 (S.D.N.Y. Nov. 16, 2009) (BSJ/GWG).
Won summary judgment and dismissal of breach of contract, declaratory judgment and reformation claims arising from a $9.15 million settlement agreement. Whitman v. Herbert, Docket No. C-252-07, Superior Court of New Jersey, Middlesex County, May 21, 2008 (Hon. Frank M. Ciuffani, J.S.C.).
Won dismissal of civil RICO claims brought against client by major New York metropolitan area supermarket chain. Gristede's Foods, Inc. v. Unkechauge Nation, 532 F.Supp.2d 439 (E.D.N.Y. 2007).
First chaired two day evidentiary hearing and won dismissal of $545,000 breach of contract claim brought by electrical design subcontractor on issue of accord and satisfaction. Cadence Triad, Inc. v. ABB, Inc., Docket No. MRS-L-3078-05, Superior Court of New Jersey, Morris County, August 9, 2007 (Hon. David Rand, J.S.C.).
Deposed business valuation and lost profit damage experts in $9 million lawsuit alleging, among other things, breach of contract, breach of fiduciary duty, misappropriation of trade secrets, fraud, tortuous interference with prospective economic advantage, Lanham Act violations and trade libel. Primary author of briefs supporting and opposing summary judgment motions. Component Hardware Group, Inc. v. Trine Rolled Moulding Corp., Civil Action No. 05-CV-891 (D.N.J.) (MLC/TJB).
Part of two attorney litigation team that won release of a man who had been confined in modern day debtor's prison under a writ of capias ad satisfaciendium for almost a decade. Marshall v. Matthei, Docket No ESX-L-3894-93, Superior Court of New Jersey, Essex County, April 19, 2006 (Hon. Jared D. Honigfeld, J.S.C.).
Won dismissal of ERISA derivative claim on ground that representative plaintiff did not fairly and adequately represent the interests of the other employee benefit fund participants. Martinez v. Barasch, Civil Action No. 01-CV-2289, 2005 U.S. Dist. LEXIS 22873 (S.D.N.Y. October 5, 2005) (MBM).
Represented manager of LLC and two of its members during three day trial over dissolution of LLC and related counterclaims. In re Silver Leaf, LLC, Civ. A. No 20611, 2005 WL 204564 (Del. Chan. August 18, 2005).
Defeated motion to dismiss for lack of personal jurisdiction on grounds of judicial estoppel. In re Silver Leaf, LLC, Civ. A. No 20611, 2004 WL 1517127 (Del. Chan. June 29, 2004).
