Securities Litigation

Represented chief executive officer of public company in arbitration against major broker-dealer for giving incorrect information relating to options, leading to multi-million dollar loss.

Represented First Union Real Estate Equity and Mortgage Investments (now Winthrop Realty Trust), a New York Stock Exchange-listed REIT, in lawsuit brought by group of preferred shareholders seeking to enjoin proposed acquisition by Gotham Golf Partners. After New York Supreme Court preliminarily enjoined the transaction, the Appellate Division reversed. Kimeldorf v. First Union, 309 A.D.2d 151, 764 N.Y.S.2d 73 (1st Dep't 2003).

Represented chairman and chief executive officer of public company in enforcement action brought by SEC relating to insider trading. The case was settled after the court denied cross motions for summary judgment.

Represented Israeli corporation in arbitration against major broker-dealer relating to marketing of auction rate securities as equivalent of cash.

Represented wealthy foreign national in arbitration against major broker-dealer relating to options trading.

Represented position trader at major broker-dealer in SEC investigation of proprietary trading activities. No charges were brought against trader.

Represented former consultant to startup company seeking to enforce agreement to lift restrictions on trading of stock. Case was settled after oral argument on cross-motions for summary judgment in Delaware Chancery Court.

Represented founder and chief executive officer of upstate New York health maintenance organization in private securities action and SEC investigation relating to accounting issues.