Commercial Litigation, Including Health Care Litigation and
Employment Litigation
Represent managing general partner of series of oil and gas investment partnerships in a number of suits brought by investors. Obtained dismissal in one case for lack of personal jurisdiction. Favorably settled another case. Motions to dismiss are pending in the remainder. Millennium Drilling Co., Inc. v. House-Myers, No. 2:12-cv-00462-MMD-CWH (D. Nev.); Hamrick v. Schain Leifer & Guralnick, No. 650802/2014 (N.Y. Sup. Ct. N.Y. Cty.); Prochaska v. Feldman, Cause No. 2013-35800 (Tex. Harris Cty.); Witman v. Feldman, No. 120905237 (Utah Salt Lake Cty.).
Represent XPO Logistics, Inc., a fast-growing public company in the freight-forwarding and third-party logistics industry, in litigation brought by industry’s largest company, C.H. Robinson Worldwide, Inc., related to hiring of former Robinson employees. XPO Logistics has asserted counterclaims based on restraint of trade. C.H. Robinson Worldwide, Inc. v. XPO Logistics, Inc., No. 27-CV-12-16003 (Minn. Hennepin Cty.).
Represent large public company in matters relating to enforcement of restrictive covenants and similar employment issues.
Represented Sahn Eagle LLC, owner of two buildings in Wall Street area formerly owned by AIG, and a former employee in litigation brought by developer that had worked on project in connection with disputes over alleged misuse of allegedly confidential information. Young Woo & Assoc. LLC v. Andrew Kim, No. 652208/2010 (N.Y. Sup. Ct. N.Y. Cty.).
Represented Kumho Investment Bank, a Korean bank, and Sahn Eagle in separate suit brought by former developer relating to disputes over the AIG buildings. Young Woo & Assoc. LLC v. Kumho Investment Bank, No. 652270/2011 (N.Y. Sup. Ct. N.Y. Cty.).
Represented one brother in longstanding series of lawsuits with another brother over ownership of various companies owning leasehold interests in New York property.
Represented on appeal dental student denied his degree by New York University. The primary issue was whether the school's denial was based on academics or on the late payment of tuition. Successfully obtained reversal of trial court's grant of summary judgment to the school in Appellate Division, which also granted student's cross-motion for summary judgment. On further appeal to the Court of Appeals, the matter was remanded for trial. Eidlisz v. New York University, 61 A.D.3d 473 (1st Dep't 2009) (Appellate Division); 2010 NY Slip Op 05602 (June 24, 2010) (Court of Appeals).
Represented franchisee of Hardee's in connection with lender's suit to foreclose. Successfully persuaded federal judge that lender could not avoid compliance with differing requirements of various relevant state foreclosure statutes, leading lender to settle rather than proceed in multiple state courts.
Represented principal of former franchisee of Burger King in dispute with lender over whether personal guaranty was triggered.
Represented 50% owner of group of radiology corporations in dissolution actions brought by co-owner.
Represented large group of midwives employed by hospital in U.S. Attorney investigation of hospital and medical school for Medicaid billing violations. No charges were brought against any midwives.
Represented privately held biotechnology company in lawsuit brought by former executive against company and other officers relating to his termination.
Represented financial advisor accused by his former employer of impermissibly taking client information and contacting former clients.
Represented Bradley Jacobs, chairman and chief executive officer of United Rentals, Inc., in dispute with former associate over options granted in connection with work for United Waste Systems, Inc. Although court granted associate's motion for summary judgment as to liability, court found no damage after trial on damages. Mathias v. Jacobs, 238 F. Supp.2d 556 (S.D.N.Y. 2002).
Represented Gordon and Breach Science Publishers S.A. in unfair-competition dispute with American Physics Society over the society's publication of so-called cost-effectiveness surveys comparing its own journals with those of private publishers like Gordon and Breach.
Represented Best Products, Inc. in a lawsuit it brought in bankruptcy court against most of the lenders and other interested parties involved in the leveraged buyout of the company, alleging that the LBO was a fraudulent conveyance.
Represented Agripost, Inc., builder of a facility that converted municipal waste to compost, in long-running dispute with Miami-Dade County over the county's decision to close down the facility while it was still in the startup phase but after about $30 million was invested, resulting in a complete loss. The case touched on novel issues on the law of inverse condemnation and the relationship of federal and state courts in takings cases.
Represented partnership against claims by partner for compensation for services supposedly rendered to partnership.
Represented investor in claims against an Italian bank relating to mishandled order to sell stock.
