Partner

Randall L. Rasey

212.885.8822 rrasey@bartonesq.com
Partner

Randall L. Rasey

212.885.8822 rrasey@bartonesq.com
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Randall L. Rasey is a Partner with Barton’s Commercial Litigation department. He has represented a wide array of large national and international companies as well as their executives.

In particular, Randy has represented private equity funds in financing disputes and in securities fraud cases, and various companies in a wide range of commercial disputes, including foreign companies in disputes with companies in the US. He has litigated IP matters, including licensing disputes and copyright and trademark infringement, and has prosecuted and defended against claims of employment discrimination. He also has substantial experience in complex litigation and managing large-scale document production.

Before joining Barton, Randy practiced at McCarter & English LLP, where he worked on complex and class action litigation cases, and Fischbein Badillo Wagner Harding, now Cozen O’Connor, where he practiced general commercial litigation. Randy is Legal Advisor to MantraMarketing, LLC, a marketing firm specializing in transitioning Indian businesses to the North American marketplace; a member of the Legal Advisory Team of Develop Don’t Destroy Brooklyn, Inc., a not-for-profit community development organization; and the sole US member of WorldWide Negotiation, a cross-border dispute resolution network.

 

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Commercial Litigation

Helped achieve landmark ruling in the New York Court of Appeals affirming that New York courts should apply a liberal pleading standard in evaluating antitrust claims in New York state courts. (Taxi Tours Inc. v. Go New York Tours, Inc.)

Represented a group of tenants with units in a luxury condominium building against the condo's board of managers for failure to repair a deficient rooftop and drainage system. Won a motion to appoint a temporary receiver to facilitate the repairs and defeated defendants' motion to dismiss. (Calderoni v. 260 Park Avenue South Condominium)

Secured judgment for 100% of the damages claimed by a recruiting firm client against law firm that acquired a practice group introduced by the client but would not pay a placement fee. Successfully proved that the law firm's acquisition of the practice group was an "attorney placement" under the parties’ contract and defended this before the Second Circuit. (Meltzer, Lippe, Goldstein & Breitstone, LLP v. James Malfett dba Management Recruiters of Union County, NJ, US District Court Eastern District of New York)

Defended GMG Capital Partners in a Section 10b-5 shareholder securities fraud case which was dismissed on summary judgment in the Southern District of New York.

Represented a Taiwanese manufacturer of athletic track and court surfacing materials who was sued in a multi-party product liability lawsuit. Won summary judgment dismissing the client from the case before trial.

Represented a cybersecurity professional in a lawsuit against a former business partner in a start-up security firm. Tried the case and obtained a judgment awarding the client significant fraud damages, while the former partner was awarded only nominal damages for a breach of contract counterclaim. The judgment was affirmed on appeal.

Represented a private equity fund in a lawsuit to recover a “break-up fee” after the collapse of a $75 million financing deal; won summary judgment, which was upheld on appeal.

Represented a fund manager in a lawsuit to recover payments owed by former partners. Obtained favorable legal rulings from court on summary judgment cross-motions, leading to a favorable settlement on the eve of trial.

Represented a furniture designer and manufacturer whose facility was destroyed by flooding, in a lawsuit against its landlord for failing to disclose that the leased premises were located in a designated flood zone. Obtained a favorable settlement during trial after presenting the client’s case.

Represented a real estate consortium in the prosecution of negligence claims against a major bank, obtaining favorable interpretation of UCC provisions on summary judgment motion, leading to a multi-million-dollar settlement by the bank.

Arbitration

Represented Korean securities firms in FINRA arbitration against a former executive and a simultaneous state court lawsuit brought by the former executive. Successfully appealed and obtained reversal of the trial court’s denial of our motion to compel arbitration, ending the court litigation and forcing the former executive to submit to a more favorable FINRA arbitral forum.

Represented an Australian distributor of communications/collaboration technology in arbitration of breach of contract claims brought by a Canadian technology company. The arbitration was governed by Canadian law, and venued in Canada. The client fired its original counsel and engaged Barton after the arbitrator had already dismissed most of its counterclaims. Randall and the Barton team successfully challenged the negative rulings under rarely used arbitration appellate rules, winning reversal from an appellate arbitration panel as well as a multi-million-dollar damages award, plus legal fees.

Represented a third-party capital placement agent in FINRA arbitration against a former client fund manager to recover placement fees. In conjunction with other members of the Barton team, Randall obtained a multi-million-dollar award for the client after a five-day arbitration hearing.

Intellectual Property

Represented Jenny Yoo Collection Inc., a bridal dress designer, in the District of Kansas in a matter upholding the viability of trade dress claims relating to fashion designs. (Jenny Yoo Collection, Inc. v. Essence of Australia, Inc. Case No. 17-CV-2666-JAR-GEB)

Represented New Jersey-based financial advisory firm against Missouri-based advisory company for trademark infringement of the term “Financial Quarterback,” alleging that the Missouri firm unlawfully used the term in its advertising, along with similarly related terms such as “Retirement Coach.” (Jalinski Advisory Group, Inc. v. JBL Financial Services, Inc. (E.D. Mo., No. 4:19-cv-01914))

Represented an Italian housewares distributor in multiple intellectual property matters. Successfully shut down widespread distribution of counterfeit products via online marketplace websites, resolved multiple infringement claims against the client with minimal exposures, and counseled the client with regard to ongoing trademark and copyright issues.

Represented various Italian fashion companies in trademark and copyright infringement and contract disputes in the United States. Obtained favorable settlement of our client’s trademark infringement claims against a U.S. competitor and negotiated a co-existence agreement regarding ongoing use of the companies’ respective trademarks and trade dress. Successfully defended a high-profile Italian designer fashion company against contract claims by a former U.S. distributor, obtaining stay of the distributor’s lawsuit in favor of arbitration, and then obtaining dismissal of the distributor’s claims in arbitration. Successfully sued on behalf of an Italian lingerie company for payments owed by a U.S. distributor; won summary judgment awarding damages, without a trial.

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