Commercial Litigation

Counsel to World’s Third Largest Distributor of Smart Technologies
- SMART Technologies ULC v. Electroboard Solutions Pty Ltd. and Electroboard Solutions (NZ) Ltd.–International arbitration governed by Alberta Law and conducted in Canada under the rules of the International Centre for Dispute Resolution. Acted as lead counsel to the world’s third largest distributor of Smart Technologies products, ELB of Australia, who retained our firm after prior counsel lost a motion for summary judgment resulting in an adverse award against ELB in excess of $4 million plus attorneys’ fees and interest. Successfully moved for leave to amend answer and add counter-claims and thereafter conducted a five-day hearing. Guided by his prior summary judgment ruling, the arbitrator found against ELB and awarded further costs and interest to claimant. Brought an appeal before a three-member tribunal, who conducted a day of oral argument and reviewed the entire record de novo. The tribunal determined that based on the testimony and documentary evidence adduced at the original hearing, Smart Technologies breached its duty of honest performance to ELB under Alberta law. The tribunal entirely voided the prior arbitration award and issued a new award in favor of ELB that denied all Smart Technologies’ claims and awarded ELB with remedies and financial damages in excess of $5 million including all attorneys’ fees plus interest on the award at 18%.

Counsel to a Top Third-Party Hedge Fund Marketing Firm
- Stonehaven, LLC v. Seer Capital Management, LP–Lead counsel in a FINRA arbitration conducted in New York before a three-member panel. Represented Stonehaven LLC who is consistently rated by HedgeFund Magazine as one of the top Third-Party Marketing firms for the hedge fund industry. Following seven days of testimony the panel awarded pre-hearing damages in excess of $4 million to Stonehaven with a further award of specific performance entitling Stonehaven to on-going payments. The primary claim was for breach of contract against Seer, a large hedge fund, for failure to properly account for and pay fees on over $1.5 billion dollars raised by Stonehaven.

Defended Broker-Dealer in FINRA Investigation and 2-Year Litigation
- Kaminsky v. Sutherland, Asbill and Brennan LLP, et al. -Acted as lead counsel on behalf of a registered representative of a broker dealer acting for a new hedge fund formed by former principals of SAC Capital. Client became the subject of a FINRA investigation and had his employment terminated as a result of actions taken after receiving advice and counsel by defendant law firm. Suit was brought in state court in Atlanta, Georgia. Case was litigated for over two years which included a successful defense of a motion to dismiss, full discovery with multiple party and expert depositions, and a successful defense of a summary judgment motion. Case was then settled pre-trial under confidential terms.

Represented Client in Suit Against One of the Largest Private Landlords in U.S.
- Dune, Inc. v. Hartz Mountain Industries, Inc., Harrison Riverside Limited Partnership, and 700-760 First Street, LLC–Lead counsel on behalf of furniture designer and manufacturer in a seventeen-day trial in NewJersey Chancery Court. As a result of Superstorm Sandy, Dune’s manufacturing and warehouse facility was flooded and rendered unfit for use. Dune preemptively sued one of the largest private landlords in the U.S. for damages and declaratory judgment asserting among other claims a violation of New Jersey’s consumer fraud statue. Landlord counter-sued for over $5 million in rent and other damages. Case settled favorably during trial under confidential terms.

Counsel to Former Fortune 500 President in Multimillion-dollar Claim
- Snyder v. Ply Gem Industries, Inc. and Nortek, Inc. –Represented former Fortune 500 President as lead counsel in multimillion-dollar claim for unpaid deferred compensation following takeover by Nortek Industries (NTK). Following eight days of trial in the United States District Court of Rhode Island, case settled favorably under confidential terms.

Led NY Hedge Fund in Recovery of Multimillion-dollar Break-up Fee
- FCS Advisors, Inc. v. Fair Finance Company, Inc. –Lead counsel to significant New York hedge fund in claim against Ohio-based finance company for breach of contract to recover multimillion-dollar break-up fee under exclusive finance agreement. Successfully won summary judgment after limited discovery in the U.S. District Court and defeated an appeal in the Second Circuit Court of Appeals.

Obtained Successful Dismissal of Securities Class Action Suit
- In Re Akari Therapeutics PLC Securities Litigation–Lead counsel to UK-based investment research and investor relations firm. Obtained successful dismissal of securities class action suit brought in the U.S. District Court relying on the publisher’s exemption for 10-b-5 securities claims.

Successfully Resolved Suit Brought Against Insurance Agent and Brokerage
- Krauter & Co.v. Ross and Alwex, Inc. –Lead counsel in suit brought against insurance agent and brokerage for violation of non-solicitation and confidentiality agreements, theft of trade secrets, and tortious interference with business. Counter-claims included violations of the Computer Fraud and Abuse Act. Successfully resolved the dispute pre-discovery.

Represented Second Largest Korean Asset Manager
- Hwang v. Mirae Asset Securities (USA) Inc., et al.—Led team to represent second largest Korean asset manager in both the New York Supreme Court and Appellate Division, First Department in the successful dismissal of a multimillion-dollar breach of contract claim.

Favorably Settled $28 Million Load Trade Litigation
- Represented a hedge fund in a litigation involving an alleged failed $28.125 million load trade. The case was favorably settled through mediation.

Defended Firm in Complex Fraud and Breach of Contract Litigation
- Represented an insurance marketing firm through trial in a complex litigation involving claims of fraud, unfair practices, and breach of contract.

Secured Net Jury Verdict of $130 Million for Aerospace Engineering Co.
- Represented Final Analysis Communication Services, Inc., an aerospace engineering company, in a complex breach of contract action against General Dynamics Corporation and secured a net jury verdict of $130 million.

Represented Federal Agency in Large Mortgage Fraud Scheme
- Represented a federal agency in its capacity as receiver in prosecuting claims arising out of one of the largest mortgage fraud schemes in the tri-state area, achieving recovery on the agency’s behalf.

Achieved Favorable Outcome in 3-Week Jury Trial Litigation
- Represented Cork Industries, a national sustainable chemical manufacturer, in a 3-week jury trial involving the theft of corporate trade secrets and unlawful competition by the company’s former head of lab. The case required technical comparative analysis, expert testimony, the handling of multiple national clients, discovery from third parties, and highly technical motion practice. Barton won 5 out of 6 counts in the trial, along with permanent injunction against the defendant for working in certain industries and with certain clients.

Obtained Judgement of Over $17 Million in Breach of Contract Case
- Represented the general counsel of a corporation who was suing his former employer for breach of contract. Obtained and collected a judgment of over $17 million, affirmed by the Second Circuit. [Health Chem v. Baker, 915 F.2d 805 (2d Cir. 1990)]

Obtained Dismissal of RICO Suit
- Represented a major shareholder of a corporation in obtaining a dismissal of a RICO suit, which was affirmed by the Second Circuit. [Gilmore v. Gilmore, 503 F.Appx. 97 (2d Cir. 2012)]

Obtained Seven-Figure Settlement in RICO Case
- Obtained a seven-figure settlement in a RICO case involving a corporation whose executive vice president was involved in a bribery scheme.

Resolved Disputes Involving Closely Held Corporations
- Represented family members in a number of disputes involving closely held corporations in the furniture business and investments.

Restrained Lender from Selling Millions Worth of Art
- Represented an art dealer and collector in successfully restraining the sale of art worth millions of dollars by a lender. The restraint was affirmed by the First Department where the court found that a sale leaseback arrangement was, more probably than not, a loan. [Shagalov v. Edelman, 2018 NY Slip Op 03240 (1stDep’t 2018)]

Represented Furniture Manufacturers in Personal Injury Suits
- Represented Underwriters Laboratories and La-Z-Boy recliners successfully in a number of personal injury suits.

Obtained Favorable Judgments to Collect on Art Loans
- Represented an art lender in a number of suits to collect on art loans and successfully obtained several judgments in excess of a million dollars plus attorney’s fees.

Had Major Art Dealer Held in Contempt
- Had a major art dealer held in contempt for failure to adhere to discovery orders.

Defended Executives Against Claim Made by Former Employer
- Represented former executives of a corporation in a claim that they breached their alleged non-compete agreements and breached their fiduciary duties in founding a new firm.While the former executives were sued for over $40 million, they ended up collecting damages from their former employer.
Enabled NBA Team to Move States Successfully
- Represented the National Basketball Association and successfully enabled the league to move the New Orleans Jazz to Utah.

Obtained Multi-Million Dollar Trial Judgement
- Represented an investor whose stock trader had breached his contract. Obtained a multi-million-dollar trial judgment against the stock trader on the investor’s behalf.

Counsel to Clients in SEC Litigations
- Represented broker dealers and investment advisers before the Securities and Exchange Commission and in litigation.

Defended Against Antitrust Claims
- Represented a number of prominent clients accused of antitrust violations.

Counsel to Modeling Studio in Landlord Tenant Action
- Represented a major modeling studio in landlord tenant action against Chelsea Piers and in various breach of contract disputes.

Successfully Litigated Class Actions
- Successfully defended and prosecuted class actions.

Counsel to Media Corporations Embroiled in Civil Matters
- Represented major New York-based media corporations and sports leagues in connection with a wide variety of civil matters brought by and against them in Federal and State courts.

Successfully Defended Student in Title IX Hearing
- Represented and successfully defended a university student in a Title IX disciplinary hearing and federal litigation of civil rights claims.

Achieved Multi-Million-Dollar Jury Award in Civil Trial
- Represented a leading consumer products corporation bringing employee raiding claims against a competitor. After a two-week civil trial, the client received a multi-million-dollar jury award.

Defeated Motion to Dismiss Unjust Enrichment Claim
- Represented a major marketing agency and defeated a motion to dismiss an unjust enrichment claim they were making against an investment company that allegedly took over the operations of a creditor and continued business operations as an alter ego.

Obtained Dismissal of Lawsuit Involving Real Estate Purchase
- Obtained dismissal of a lawsuit for specific performance of a real estate purchase and financing contract on a motion to dismiss. Successfully represented banks and private lenders in foreclosure and quiet title actions.

Obtained Dismissal of Lawsuit Alleging NYFSA Violation
- Represented the owner and licensor of a well-known, high-end restaurant brand and was granted a dismissal in a lawsuit alleging violation of the New York Franchise Sales Act.

Counsel to Fund Manager Engaged in Lawsuit to Recover Payments
- 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.

Won Summary Judgment in Multi-Party Product Liability Suit
- 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.

Obtained Favorable Settlement in Case Against Manufacturer’s Landlord
- 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.

Secured Judgment Awarding Significant Fraud Damages
- 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.

Obtained Multi-Million-Dollar Settlement in Negligence Claims Prosecution
- 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.

Won Summary Judgment in Suit to Recover Break-Up Fee
- 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.

E-Discovery Counsel for U.S. District Court Litigation
- Served as special e-discovery counsel for the preservation and production of electronic evidence from Switzerland, Germany, and Italy for U.S. District Court litigation.

Led E-Discover Teams in Product Liability Litigation
- Led e-discovery teams in multi-district pharmaceutical product liability litigation.

Tried Multiple Cases to Verdict in State, Federal Courts
- Tried multiple criminal, healthcare, product liability, commercial, and construction law cases to verdict in federal and state courts.

Obtained Dismissal of Claims in NY State Court
- Represented an internationally-known singer and songwriter in a lawsuit arising from a concert in Europe and obtained a dismissal of the claims against him in a New York state court.

Co-Represented Defense in 32-Party Labor Lawsuit
- Co-represented the defense in a thirty-two-party lawsuit in the Western District of New York arising from a months-long labor dispute.

Commercial Litigation

Barton has a skilled and experienced team of attorneys dedicated to our commercial litigation practice. Our litigators have achieved successful results in complex business disputes before federal and state courts—and before administrative agencies—across the country.

Commercial Litigation