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Banking
Litigation
BB&P litigators represent major banks, financial institutions
and institutional clients in litigation, loan work-out and
bankruptcy matters involving lending practices, lender liability
claims, lines of credit, guaranties, sales of operational
units, operational errors, check cashing, wire transfer,
violations of state and federal statutes, Uniform Commercial
Code and US Title 12.
Our Banking Litigation experience
includes:
General New York litigation counsel to nation's largest
independent trust company for self-directed IRAs. Successfully
obtained dismissal on behalf of trust in numerous litigations
in which the trust had been sued involving retirement accounts
also represent the trust in a pending plaintiff's matter.
Represented remaining members of lending group, including
a distressed debt fund, a in an adversarial transaction
arising out of the sale of a participation in $50 million
loan facility in violation of loan agreements. Litigation
was pursued parallel to negotiated transaction. As a result,
successfully obtained substantial premium in the sale of
distressed debt to a venture capital fund holding the majority
stake in the debtor.
Represented institutional clients in bank liability action
against large international bank and acquired regional bank
involving check cashing and wire transfer issues governed
by The Uniform Commercial Code.
Representation of debtor in Chapter 11 bankruptcy to one
of Connecticut's largest real estate brokerage firms. Bankruptcy
litigation involved successful defense of adversary proceedings
alleging fraud and seeking conversion and liquidation. Representation
of leading oil and gas concern in multi-million dollar eminent
domain litigation.
Representation of shopping center in bankruptcy proceeding
of major supermarket chain tenant in which tenant renounced
its previously announced intention to repudiate the lease
and reaffirmed lease under pre-bankruptcy terms.
Representation of class defendants in bankruptcy proceedings
arising from elaborate Real Estate Investment Trust Ponzi
scheme. Defendants were sued to recover excessive "finder's
fees" paid from insolvent limited partnerships as compensation
to limited partnership shareholders introducing additional
limited partnership shareholders.
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Broker-Dealer,
Corporate, Shareholder and Complex Financial Product Disputes
BB&P regularly counsels shareholders, directors and
management on a wide range of business and corporate governance
issues arising under the Securities Act of 1933, the Securities
Exchange Act of 1934, the Investment Company and Investment
Advisers Acts of 1940, and related federal and state laws
including but not limited to disputes related to compliance,
e-commerce, product distribution, clearing brokerage, broker
dealer issues, anti-money laundering, Sarbanes-Oxley, privacy
issues, electronic trading systems and securities.
In addition, BB&P litigators have handled special investigations
on behalf of management to investigate suspected wrongdoing,
to assist officers and directors in fulfilling their fiduciary
duties, to address threatened or pending litigation, and
to contend with government or agency investigations. Our
services extend to the development of internal compliance
programs to assist corporations in conducting their business
in a manner consistent with ethical and legal standards.
BB&P litigators also have represented both dealers and
end-users in connection with disputes relating to a variety
of financial products involving financial instruments, including
foreign currencies, US and foreign government securities,
and US and foreign stock indices, as well as traditional
agricultural, energy and physical commodities. We have represented
clients in claims involving accounting misstatements, insider
trading, manipulations, and other instances of alleged fraudulent
activity, before the Commodities Futures Trading Commission
(CFTC) and Securities and Exchange Commission, as well as
self-regulatory agencies such as the National Association
of Securities Dealers (NASD) and New York Stock Exchange
(NYSE).
Our Broker-Dealer, Corporate, Shareholder
and Complex Financial Product Disputes Litigation experience
includes
Representation of world's largest commodities trading corporation
in commercial and bankruptcy litigation matters throughout
the United States, including (a) litigation of all contested
assigned receivables in supply chain of bankrupt alloys
manufacturer, (b) successful defense of significant preference
actions in bankruptcies of steel foundries, (c) commercial
arbitration of several shipping and general commercial disputes.
Procured large settlement in mediation through ADR for group
of high net worth shareholders in closely held company that
issued Rule 144 stock with restrictive shareholder legend.
Lawsuit involved collusion among chairman, inside board
members and officers and corporate counsel to issue opinion
letters to facilitate their stock sales while denying outside
shareholders the ability to consummate their stock sales.
Settlement procured without the need to conduct a single
deposition.
Investigated worldwide derivative trading practices of New
York mercantile bank representing special counsel appointed
by CFTC, SEC, New York State Banking Department and Federal
Reserve. Investigation included review of electronic and
other documents, trading tapes, analysis of trades on a
desk by desk basis with forensic derivative specialists,
development of forensic evidence and bank wide depositions
from back office to CEO's office for preparation of report
to regulatory authorities.
Successfully defended group of former corporate officers
and directors against claims of violations of federal securities
laws and state law claims of self-dealing and violations
of fiduciary duty to shareholders in the United States District
Court for the District of New Jersey.
Successfully settled liability in representation of former
director in a complex securities litigation involving major
Louisiana Competitive Local Exchange (or CLEC) in the Court
of Chancery of the State of Delaware.
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Business
Fraud
BB&P litigators represent clients in federal and state
criminal, civil and administrative proceedings and litigation,
as well as in legislative investigations involving antitrust,
commodities and securities fraud, government contracting
(including defense), embezzlement, banking, mail and wire
fraud, taxes, money laundering and asset forfeiture. In
addition, we maintain extensive relationships with forensic
accounting and auditing firms of varying size and sophistication
and conduct internal audits and investigations, as well
as assist clients formulate and implement compliance programs,
manuals and ethics codes.
Our Business Fraud Litigation experience
includes:
Successful plaintiff's counsel filed in Commercial Division
of Pennsylvania State Court on behalf of three closely-held
real estate companies against managing officer alleging
fraud, corporate waste and other malfeasance, in multi-million
dollar suit. Case settled without additional litigation.
Representing group of nineteen closely-held affiliate companies
in lawsuit against two accounting firms and former CFO arising
from the misappropriation of millions of dollars of working
capital. Allegations of embezzlement, theft, misappropriation
by CFO resulted in preliminary order of attachment against
CFO. Representing consortium of real estate development
and management companies in litigation against two banks
arising from controller's embezzlement. Cross-motions for
summary judgment are pending in commercial division of New
York state court.
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General
Commercial Litigation
BB&P litigators represent clients in federal and state
criminal, civil and administrative proceedings and litigation,
as well as in legislative investigations involving antitrust,
commodities and securities fraud, government contracting
(including defense), embezzlement, banking, mail and wire
fraud, taxes, money laundering and asset forfeiture. In
addition, we maintain extensive relationships with forensic
accounting and auditing firms of varying size and sophistication
and conduct internal audits and investigations, as well
as assist clients formulate and implement compliance programs,
manuals and ethics codes.
Our General Commercial Litigation
includes:
Representation of national defense contractor in several
matters including (a) federal administrative proceedings
where outcome was successful restoration of eligible status
for contract bidding preference with the federal government,
and (b) litigation of insurance coverage dispute in which
the New York Court of Appeals decided in favor of our client
resolving a long-standing conflict within the New York Appellate
Divisions over statutory interpretation.
Obtained dismissal of unfair trade practices and trademark
infringement suit brought by publicly-traded company that
purchased the right to use a household name-brand product
in non-consumer markets from our client (also a publicly-traded
company). Although the company faced substantial exposure,
the dismissal was accomplished without the need for costly
discovery and, ultimately, without the payment of money.
Successfully defended Fortune 50 telephone service provider
holding company and two subsidiaries in litigation venued
in commercial division of New York state court brought by
supplier of customer premises equipment. Holding company
and telephone subsidiary dismissed on motion to dismiss
for lack of personal jurisdiction. Remaining subsidiary
discontinued operations and, ultimately, settled for business
reasons at de minimus cost.
Successfully litigated and managed related antitrust regulatory
aspects for Puerto Rican rum producer related to the supply
of leading rum brand to world's largest liquor distribution
company.
Successfully defended chemical manufacturer in toxic tort
litigation, which included depositions of government repositories
to show the nonexistence of proof needed to prove claim
and obtained dismissal for lack of evidence.
Successful defense of large insurance company in context
of Multi-district litigation class action, related and state
actions, and federal and state regulatory investigations;
Successful defense of New Jersey company in federal commercial
litigation involving license agreement with multinational
telecommunications equipment manufacturer. Client was sued
for trademark infringement and Lanham Act and ultimately
obtained, on the eve of trial, a letter of apology and substantial
settlement on its countersuit for breach of license agreement
and defamation.
Prosecution of copyright and trademark infringement claims
on behalf of recording artist against record labels, internet
distributors and individuals who released or attempted to
release recordings. Suits alleged trademark infringement
for use of logo and name and state law claims for right
of publicity, improper use of name and likeness and were
successfully settled.
Obtained discontinuance of privacy tort lawsuit filed against
a pharmaceutical client arising from allegations that client
was harvesting personal information about visitors to the
client's web site. Discontinued after pleadings stage by
demonstrating to plaintiffs that none of the alleged wrongdoing
was actually improper. Successful representation of laser
manufacturer for national security agencies in defense of
multi-district patent litigation. Coordinated defense strategy
with California counsel.
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Employment
and Executive Compensation Litigation
BB&P litigators counsel both employers and Fortune
500 executives. We help clients avoid litigation by developing
appropriate hiring, employment and termination procedures,
negotiating resolution of workplace disputes prior to the
commencement of litigation, and conducting workplace investigations.
BBP works with clients to prepare employee handbooks, employment
contracts, consulting contracts, confidentiality agreements
and separation agreements; appropriate policies concerning
equal employment opportunity, prevention of sexual harassment,
payment of bonus compensation, accommodation of disabilities,
requests for job references, and drug testing of employees;
and procedures to protect trade secrets. BB&P has litigated
all types of employment claims, including those concerning
alleged discrimination, breach of employment contracts,
bonus disputes, "raiding" and non-compete issues,
improper use of trade secrets and confidential information,
employment-related defamation, sexual harassment and retaliatory
conduct, and employee theft and embezzlement.
Our Employment and Executive Compensation
Litigation includes:
Directed verdict obtained after 5 days of trial in United
States District Court Rhode Island in favor of our client,
former President and COO of Fortune 500 company in multi-million
dollar dispute over executive compensation following takeover
of company in competitive bid by another Fortune 500 Company.
Favorable settlement of case in United States District Court
New York through court ordered ADR on behalf of Fortune
500 E.V.P. in an executive compensation dispute arising
out of a merger.
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Engineering,
Contracting, Construction and Property Disputes
BBP lawyers regularly represent clients in purchase and
sales disputes, construction claims, high-stakes landlord-tenant
issues, property appraisals, arbitrations, brokerage commission,
co-op and condominium disputes and condemnation proceedings.
We also represent engineering and contracting firms and
developers in New York, New Jersey and Connecticut. BB&P
lawyers have litigated cases ranging from a straightforward
mechanics' lien and payment disputes to highly complex matters
involving major construction and engineering projects.
Our Engineering, Contracting, Construction
and Property Disputes includes:
Successfully represented client in various litigations
and arbitrations concerning valuation of commercial real
estate and commercial landlord-tenant disputes.
Successful representation of national waste hauling company
in condemnation action in which client received substantial
premium.
Representation of large New York City-based commercial contractor
in sub-contract disputes involving public works projects
throughout New York City.
Representation of major commercial and high-end residential
contractors in New York, New Jersey and Connecticut in multi-million
dollar project disputes and contract matters.
Representation of large iron fabrication manufacturer and
supplier in disputes over supply of iron for bridges, tunnels,
public works and, most notably, Olympic Facility in Lake
Placid, New York.
Successful litigation of major contract dispute on behalf
of commercial land developer in Westchester County specializing
in large multi-unit corporate office buildings and headquarters.
Successfully represented New York metropolitan area marina
in landlord-tenant matter involving self-help repossession
of marina property. Landlord regained possession of premises,
removed tenants' equipment and personal property, and defeated
ensuing action for preliminary injunction and damages.
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International
Litigation
BB&P litigators represent international clients in
complex commercial disputes before US federal and state
courts, domestic and foreign arbitration tribunals and regulatory
agencies in the US We counsel foreign clients on the jurisdictional
reach of US courts, the application abroad of US civil
and criminal laws, the application of US federal and state
discovery procedures to international disputes, settlement
strategies, alternative dispute resolution mechanisms, and
enforceability of US judgments in foreign jurisdictions
and of foreign judgments in the US BB&P maintains
relationships with foreign counsel worldwide to pursue coordinated
strategies for international clients. BB&P litigators
defend foreign corporations, financial institutions, investment
firms and individuals in complex commercial and civil litigation
as well as investigation by federal and state authorities
and administrative agencies.
Our International Litigation includes:
Representation of a consortium of foreign airline carriers
in ongoing dispute over entitlement to tax allocation reimbursement
claims.
Represented the North American division of France's second
largest bank in a controversy arising out of a US consulting
arrangement. Case settled in early stages with near total
success for our client.
Successfully defended largest privately-held Canadian hotel
amenities manufacturer in international arbitration venued
in New York. Litigation arose from contract for a consulting
relationship with former consumer products executive who
asserted percentages of fees earned on contracts where he
purportedly made introductions and/or provided information
materially beneficial to sales contracts. Case settled pre-arbitration
for de minimus amount.
Successfully obtained remand of litigation against US
infringer before the United States Second Circuit that Swiss
jewelry designer had protectible trademark in twisted wire
jewelry. Second Circuit issued unanimous ruling within one
month of argument and remanded case to district court for
trial.
Represented state insurance commissioner in state common
law claims against former directors and officers, national
auditing firms and trust bank of defunct Canadian insurance
company in largest insurance insolvency in North American
history. Coordinated recovery in parallel Canadian proceeding
with Canadian counsel, Canadian liquidator and trustee of
Canadian trust subsidiary.
Represent Italian yarn manufacturer in various commercial
disputes with US clients.
Successfully prosecuted a patent infringement case on behalf
of an Asian sporting goods manufacturer against a US distributor.
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Barton Barton & Plotkin, LLP
Graybar Building, 18th Floor
420 Lexington Avenue
New York, NY 10170
E -mail: info@bartonesq.com
Phone: (212)-687-6262
Fax: (212)-687-3667
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