Experience

• Employment and Commercial Litigation

  • A private equity firm, in fully prevailing against two former executives of a portfolio company, in an arbitration that determined the private equity firm’s purchase price for an increased ownership stake in the portfolio company.
  • Proskauer in a suit against its former COO in federal court in New York, alleging violations of the Defend Trade Secrets Act, misappropriation of trade secrets under NY common law, breach of fiduciary duty, faithless servant, and conversion.
  • AmeriVet, in favorably resolving a lawsuit commenced by a former senior executive alleging breach of an employment agreement.
  • Balestriere Fariello, a boutique litigation law firm, in successfully defeating a court application to enjoin an ongoing arbitration in a fee collection matter.
  • Booz Allen Hamilton, in successfully prosecuting an application in federal court to obtain evidence for use in foreign litigation against a team of former executives.
  • Carlyle Investment Management, in defeating applications for a temporary restraining order and a preliminary injunction, and obtaining dismissal of underlying claims based on alleged breach of an NDA and misappropriation of a business concept.
  • The Consulate General of Brazil in New York, in favorably resolving an age discrimination lawsuit commenced by a former consular employee.
  • Dealer Tire, in obtaining a court injunction to enforce restrictive covenant obligations of a former executive.
  • Dreadnought Oy, in an ongoing clawback action arising from the Madoff scandal.
  • Drexel Hamilton, in successfully resolving an arbitration commenced by a former executive alleging violations of the New Jersey whistleblower statute.
  • Eutelsat SA, in obtaining an injunction preventing the former CEO of its Latin American business from violating provisions of its equity compensation plans.
  • Allergan (formerly Forest Laboratories) in successfully resolving a whistleblower retaliation lawsuit brought by a former employee under the False Claims Act.
  • General Electric in defeating an application for a preliminary injunction and then obtaining summary judgment on all claims in an action seeking to prevent GE from hiring a competitor’s engineering and marketing executives.
  • GoldenTree Asset Management, in successfully resolving three ERISA lawsuits asserting alleged failure to meet pension obligations of portfolio companies.
  • GlaxoSmithKline, in obtaining a seven-figure verdict, after a jury trial, in a commercial dispute with a contractual counter-party; in obtaining an eight-figure arbitration award, following trial, with another contractual counterparty; and in an ongoing commercial arbitration.
  • JAB Holding Company, Pret Panera Holding Company and one of its senior executives in the successful dismissal of litigation in favor of arbitration arising from allegations of misappropriation of trade secrets, fraud, and unjust enrichment as a result of the director’s former position at a rival company.
  • Kellner DiLeo in successfully settling a class action alleging systemic failure to pay overtime after successfully obtaining dismissal of all state law claims.
  • Andrew Kolchins, in a precedent-setting compensation dispute with his former employer, including a favorable decision at the New York Court of Appeals.
  • L. Dennis Kozlowski, in successfully resolving his compensation and severance lawsuit against Tyco International.
  • Misys International Banking Systems in obtaining an injunction, following a three-day trial, prohibiting a competitor from soliciting the company’s clients and retaining the company’s former employees; and in obtaining summary judgment dismissing a federal lawsuit under the Americans with Disabilities Act based on purported 9/11-related disabilities.
  • Och Ziff, in obtaining dismissal of a lawsuit commenced by a former Managing Director alleging breach of employment and severance agreements.
  • O’Melveny Myers, in obtaining dismissal of a claim alleging fraud against the court and litigants.
  • J. Michael Pearson, in his ongoing compensation and severance arbitration against Valeant Pharmaceuticals.
  • PowerTeam Services, in successfully enforcing non-compete obligations against former executives In numerous lawsuits and arbitrations around the country.
  • Prudential Insurance, in successful dismissal of a lawsuit commenced by three former executives alleging violations of the New Jersey whistleblower statute.
  • Rockefeller Group, in obtaining an injunction preventing disloyal conduct by a former executive.
  • Smiths Group in obtaining dismissal of state law whistleblower and gender discrimination claims asserted by a former Vice President; and in obtaining a TRO preventing breach of a non-compete by a former divisional Chief Operating Officer.
  • Titan Energy Markets, in obtaining summary judgment dismissing a restrictive covenant lawsuit commenced by the former employer of its founder and CEO.
  • UNTUCKit, in successfully resolving several lawsuits alleging failure to accommodate disabled customers and a lawsuit against a former employee for misappropriation of funds.
  • W. P. Carey, in obtaining summary judgment dismissing a federal lawsuit alleging fraud and gender discrimination and in successfully resolving a state court lawsuit concerning equity compensation of a former senior executive.
  • A publicly traded manufacturing company, in successfully resolving gender and racial harassment allegations alleged against the CEO.
  • A major New York bank, in successfully resolving an arbitration commenced by the former CEO asserting breach of a severance agreement.
  • A major New York bank, in responding to an investigation by the New York City Commission on Human Rights.
  • A leading management consulting firm, in successfully resolving claims arising from alleged misconduct by a senior partner.
  • A major defense contractor in successfully resolving a claim asserted by its former CEO under a federal national security whistleblower statute.
  • A pension fund management company, in an arbitration to enforce non-compete obligations against a former executive.
  • A Family Office of a billionaire family, in successfully resolving gender discrimination allegations asserted by the Chief Executive.
  • An asset management firm, in obtaining a favorable arbitration award, after trial, with two former executives.
  • A U.S. investment bank, in an ongoing arbitration to enforce restrictive covenant obligations of a former managing director.
  • A boutique investment bank in several actions to enforce successfully garden leave provisions contained in employment contracts of Managing Directors.
  • A financial services firm and its CEO in successfully resolving a corporate raiding action brought by CEO’s former employer.
  • A real estate investment trust company in successfully enforcing non-compete obligations contained in employment agreements with former CEO and CIO.
  • A Chief Marketing Officer in obtaining summary judgment that non-compete covenants contained in his severance package were void and unenforceable.
  • A farm operation in successfully resolving, after two days of trial, a multi-plaintiff action asserting age discrimination claims.
  • A class of minority sheet metal workers in ongoing court supervision and administration of a back pay settlement arising out of a contempt judgment against their union, based on the union’s discriminatory practices and non-compliance with affirmative action orders. Debevoise handles this matter pro bono.

• Sensitive Investigations

  • The Board of Directors of CBS Corporation in an investigation of sexual harassment allegations against the CEO, senior CBS News personnel, as well as allegations about the corporate culture.
  • The Board of Directors of The Paris Review, in an independent investigation of alleged sexual misconduct by its Editor in Chief.
  • A Special Committee of the Board of Trustees of the University of Rochester in an independent investigation of all claims alleged in EEOC and federal complaints filed by eight current and former University faculty members and students.
  • A publicly-traded asset management company, in an independent investigation of alleged sexual misconduct by a member of the Board of Directors.
  • A New York hedge fund, in an independent investigation of alleged sexual and racial harassment by a Managing Director.
  • A popular health, fitness, and exercise company, in an independent investigation of alleged sexual misconduct by an instructor.
  • A major Silicon Valley technology company, in an independent investigation of alleged retaliation against a whistleblower.
  • An oil and gas company, in an independent investigation of alleged sexual misconduct by the CEO.
  • The Board of Directors of a legal services organization in an independent investigation of alleged racial harassment.
  • Multiple representations of families and family-owned groups in sex discrimination matters and sensitive employee terminations.

• Intellectual Property Litigation

  • StockX in a dispute brought by Nike for alleged trademark infringement related to StockX’s Vault Nike NFTs.
  • Arcesium in a trade secret and breach of contract litigation dispute brought by SS&C Technologies Holdings, Inc. and its affiliate Advent Software.
  • H&R Block in winning a preliminary injunction after a full evidentiary hearing against Square’s change of its corporate name to Block.
  • GlaxoSmithKline in successfully prosecuting claims in a federal lawsuit alleging that a generic version of GSK’s ADVAIR inhaler made by Respirent Pharmaceuticals infringed GSK’s trade dress rights, following which Respirent made significant changes to the appearance of its product.
  • Absolut Spirits in obtaining summary judgment dismissing trade secret and idea misappropriation claims relating to its sponsorship of a reality television show.
  • BA Sports Nutrition, makers of BodyArmor Super Drink, in defense of a trademark infringement action brought by Under Armour, makers of Under Armour sports clothing, equipment and related goods.
  • Glacéau, maker of VitaminWater, in prosecuting a TRO against PepsiCo over the trade dress of LifeWater.
  • Goyard Saint Honore in preventing the sale by a prominent retailer of a woman's top that counterfeited the registered Goyardine pattern, and obtaining complete disgorgement of all profits.
  • Kind in a preliminary injunction hearing and Second Circuit appeal challenging the trade dress of Clif’s Mojo snack bars.
  • Louis Vuitton in successfully resolving litigation involving infringement of its trademark Epi design.
  • Merck KGaA in trademark infringement, false advertising, cybersquatting, and breach of contract litigation against Merck & Co.
  • Yves Saint Laurent in defeating a motion for a preliminary injunction by Christian Louboutin over YSL’s red-soled shoes, and subsequently obtaining dismissal of all claims by the Court of Appeals for the Second Circuit.