Commercial Litigation

Represented a federal agency in litigation arising out of a fidelity bond claim and obtained summary judgment and a substantial damage recovery in the Southern District of New York and on appeal before the Second Circuit Court of Appeals.

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.

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. 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.

Counsel in diverse legal matters for a leading, California-based global retailer of diamonds and fine jewelry. Successfully resolved a defamation dispute in New York state court, effectively navigating intricate legal challenges. Secured dismissal of all claims and obtained an award of attorneys’ fees in a separate matter.

Analyzed Deferred Prosecution and Non-Prosecution Agreements for client consultation and settlement negotiations with the Department of Justice, overseeing a team of over 25 attorneys in document review and production.

Advocated for a global retail and investment bank in numerous business tort and employment matters, securing dismissals without liability in multiple state and federal actions in New York. Resolved numerous other actions prior to litigation, reflecting a proactive approach to legal challenges.

Represented an industry-leading California-based global technology company, achieving dismissal of various business tort allegations in New York state court. Skillfully prevented deposition of non-party witnesses and safeguarded sensitive information in separate actions across state and federal courts.

Actively representing an emerging fintech company in multiple legal matters, including a pending case in the New York Commercial Division. Served as lead trial counsel in high-profile litigation, achieving successful resolution. Experienced in handling employment discrimination lawsuits and providing ongoing advice on employment and business contract negotiations.

Conducted legal and factual research for a multi-party antitrust case in California, supporting the preparation of a motion to dismiss for lack of personal jurisdiction.

Represented a UK-based worldwide marketing firm in the restructuring of the debt and equity of its U.S. subsidiary. The subsidiary had encountered a series of legal challenges, including class action lawsuits regarding some of its operations. We were able to advise on a restructuring with respect to the ownership of the equity of the subsidiary, resulting in 100% ownership moving to our client and advised the client through its sponsorship of an insolvency proceeding to deal with the claims that had been brought against the business.

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 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 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.

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 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 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)

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 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)

Represented an insurance broker with regard to federal and state claims concerning allegations of data misuse and theft and defeated motions to dismiss.

Obtained a Temporary Restraining Order, and then a favorable settlement, on the client’s behalf, in a matter in which an insurance broker’s employees stole and transferred company data in an attempt to start a competing organization.

Represented an individual in litigation involving a title insurance company and an escrow agent alleging that cybersecurity and confidentiality deficiencies by the defendants led to an intrusion by a fraudster into communications for purchase of a home and resulted in a loss by the client to the fraudster of over $285,000.

Defended complaint asserting creative claims against a motion to dismiss in a case reported on by the New York Post. [Ho v. Pierpont Reservations Ltd., 2020 WL 1644008 (S.D.N.Y. Apr. 2, 2020)]

Successfully opposed motion to dismiss complaint alleging various intentional torts, including successful invocation of New York City’s Victims of Gender-Motivated Violence Protection Law. [De Cespedes v. Weil, 2021 WL 495752 (Sup. Ct. N.Y. Cty. Feb. 10, 2021)]

Drafted successful objection to District Court of Magistrate Judge’s discretionary decisions. [PWV Consultants LLC v. Chebil Realty LLC, 2022 WL 562220 (S.D.N.Y. Feb. 24, 2022)]

Represented Dance America, Inc. in litigation in the U.S. District Court alleging that its website was not sufficiently accessible to visually impaired visitors in violation of US federal and state laws.

Represented Sports Endeavors, LLC in a matter in which the plaintiff alleged that the client’s website did not permit access to visually impaired visitors in violation of state and federal laws.

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.

Won a complicated motion to compel arbitration which the plaintiff sought to overturn by Petition for Writ of Mandate in the Court of Appeal. After we filed Preliminary Opposition, the California Court of Appeal summarily denied the Writ. The Plaintiff then filed a Petition for Review by the California Supreme Court, and Barton filed an Answer to the Petition for Review. The Supreme Court denied the Petition for Review by Order (Darcom v. Black Knight Origination Technologies, Inc.).

Won motion and injunction gaining clients full administrative control of a $363 million syndicated loan and authority over the disposition of 17 commercial real estate projects that secured the loan without trial, ousting a top five bank as the administrative agent.

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.

Represented 1617 Abbott Kinney, LLC in litigation brought in the U.S. District Court for the Central District of California in a matter alleging violations of the Americans with Disabilities Act and negotiated a settlement prior to the filing of dispositive motions or commencement of pretrial discovery. Settlement included a provision that each side would pay its own attorneys’ fees, a critical provision because the largest element of damages obtainable under this statute is payment of the adversary’s attorneys’ fees which, in some cases, can extend into very large sums. In addition, we negotiated full payment of the client’s legal fees to be paid by the client’s tenant.

Tried multiple criminal, healthcare, product liability, commercial, and construction law cases to verdict in federal and state courts.

Led e-discovery teams in multi-district pharmaceutical product liability litigation.

Handled litigation claims under the Uniform Commercial Code arising from a wire transfer fraud loss of $341,100 alleging deficiencies in security protections and processes at Wells Fargo Bank.

Represented Spectrum Inc. General Contracting in litigation in the Supreme Court of New York, New York County against Capital One arising from claims that Capital One failed to prepare and implement procedures to notify account holders and step in to halt embezzlement fraud that resulted in a loss of $7,016,129.50.

Won Summary Judgment for pension fund against 40 individual plaintiffs and defeated motion for class certification in case involving a nine figure plaintiffs’ demand against owner of 350 unit apartment complex in Santa Monica, CA. Obtained dismissal of alleged claims for breach of implied warranty of habitability, public nuisance, fraudulent concealment, negligence, and unfair business practices and all class claims in Complex Los Angeles Superior Court action.

Won $1,700,000 breach of contract judgment for broker after two week Superior Court jury trial against two of the nation’s largest real estate developers; won appeal in which judgment was affirmed in full and review was denied in the California Supreme Court; collected over $2,000,000 after appeals were denied.

Won summary judgment in Superior Court for financial institution on title issue establishing validity and priority of security for $3,100,000 shopping center loan.

Won expungement of lis pendens that was preventing sale or refinancing of client’s apartment complex and obtained order for recovery of all attorneys’ fees, leading to dismissal of action by plaintiff and financial settlement.

Won three week jury trial co-tried in business fraud – real estate partnership dispute leading to $2.32 million judgment.

Obtained injunction and appointment of Receiver pending non-judicial foreclosure of $28 million mortgage loan on luxury apartment complex in Warner Center recovering over $600,000 in net income before property was obtained by client through foreclosure and later sold to repay loan.

Won $2.1 million award after trial of competing breach of construction contract claims involving a high rise building in downtown Los Angeles, including 100% of the legal fees that were incurred in prevailing on the successful claims. The trial Judge ruled that Bernie and his colleagues’ billing rates were “eminently reasonable” for such “high quality attorneys” at such a “prestige law firm” who “displayed great skill,” and that Bernie and the firm billed “a reasonable [number] of hours commensurate with the demands of the case.”

Won Federal Court trial enforcing settlement agreement and dismissing $75 million underlying claim against OEM automotive parts manufacturer; won appeal in Ninth Circuit Court of Appeals affirming judgment; recovered attorneys’ fees at trial and on appeal.

Won claim litigation establishing validity of real estate secured lender’s $3.363 million claim against shopping center over objection in bankruptcy case; recovered full claim for attorneys’ fees in underlying action.

Won Special Motion to Strike lawsuit alleging Unfair Business Practices and age discrimination against radio network and radio talk show host based on First Amendment rights of network and host; recovered award of attorneys’ fees; dismissal upheld on appeal in published opinion including award of attorneys’ fees.

Won emergency order – writ of possession and successfully resolved case for Madison Avenue media and advertising company in contract action against company represented by Johnny L. Cochran, Jr. and Carl Douglas of “O.J. Dream Team” fame.

Won judgment for defendant clothing manufacturer in UCC-9 assignment of commercial paper case after removal to federal court and successful motion for summary judgment. Matter settled while on appeal to 9th Circuit.

Won Summary Adjudication dismissing uninsured punitive damages claims in casualty case against downtown property owner/manager.

Successfully resolved real property dispute for a leading media company over alleged right to restrict aerial access to giant wall mural in downtown Los Angeles overlooking L.A. Live/Staples Center.

Won reversal of dismissal in Court of Appeal and co-tried jury trial on remand against major casualty insurance company in insurance coverage/bad faith case; jury returned verdict in first phase of trial in 45 minutes, leading to confidential settlement.

Successfully resolved claim against real estate investment fund alleging alter ego liability as member of limited liability company for $13 million construction contract. Case successfully resolved through mediation while motion for summary judgment was pending.

Won preliminary and permanent injunctions against raiding of client’s employees by competitor and former employee working for competitor.

Obtained order for real estate secured lender lifting stay of foreclosure on $45 million loan secured by Santa Monica office building and requiring counsel for debtor to disgorge $108,500 in legal fees and pay client’s fees in sanctions.

Obtained Director and Officer Liability coverage and payment of defense fees and costs after insurer withdrew coverage and defense of minority shareholder lawsuit against client corporation and its management.

Acted as general counsel for a corporate travel agency and its subsequent sale. In that capacity, represented the owners in numerous agreements with their corporate clients, as well as several joint venture agreements and litigations.

Successfully resolved dispute between majority shareholder-board chair in dispute with dissident minority shareholders-officers.

Successfully resolved action by former shareholder of corporation claiming interest in real property acquired by shareholders for benefit of the corporation, but held in their individual names. Obtained agreement by former shareholder to deed and release any interest in real property to the corporation.

Won numerous writs of attachment, orders appointing receiver, writs of possession, preliminary injunctions (including against moving assets out of state) for lenders and creditors.

Won Judgment for Issuance of Writ of Mandate for shareholder directing corporation and officer of corporation to produce corporate records. Obtained Judgment of investment company of Contempt following disobedience of Writ of Mandate.

Won Preliminary Injunction in shareholder derivative action against officers, directors, and shareholders of corporation who wrongfully seized control by mortgaging and misappropriating corporate opportunities and assets, leading to successful resolution of dispute for clients who were former majority shareholders and a director of corporation.

Won Judgment for Respondent corporation defeating Petition for Writ of Mandate brought by dissident shareholder seeking competitively sensitive corporate records from tech company.

Successfully resolved dispute between minority shareholder/member and officer of two restaurant corporations and a limited liability company through action for dissolution that resulted in mediated multi-million dollar buy-out agreement.

Won judgment for defendants in two actions filed by minority shareholder against tech company and management for alleged breach of fiduciary duty, improper issuance of shares, breach of contract, and fraud. Won motions for summary judgment in both actions defeating all claims before trial.

Represented investment funds in several distressed corporate financing and bankruptcy situations, including with respect to bankruptcy-related discovery and litigation.

Represented regional bank in an action alleging breach of representations and warranties, and fraud against the seller of automobile loan receivables having an outstanding principal balance of over $125 million. Located former employee who provided roadmap to proof of fraud. After contentious litigation, successfully settled claim following mediation submission.

Represented bank against claims of breach of contract and fraud arising from the sale of a portfolio that included loans made to an entity operating an international Ponzi scheme. Through aggressive discovery and motion practice, whittled a $24 million claim down to $1 million, which was settled at pre-appellate argument mediation.

Represented bank in a declaratory judgment/breach of contract action against a governmental entity arising out of a guaranteed investment contract governing investment of municipal bond offering proceeds, including successfully defeating a motion to dismiss based on the 11th Amendment’s prohibition against private suits against states.

Obtained dismissal with prejudice of contract claim against president of a video chip company.

Successfully represented a French bank, as defendant/counterclaimant in U.S. action, in action involving unauthorized trading on the MATIF (French futures and options exchange) under French law. Case required close coordination with expert French counsel.

Represented ISDA as amicus curiae in the United States Court of Appeals for the Second Circuit in an action alleging breach of a $10 million credit default swap. The Court’s opinion provided legal certainty to, and market stability in, the use of ISDA’s standard documentation in credit default swap transactions, then a $17.1 trillion market.

Represented an investment management firm and several of its employees in an action alleging misappropriation of information relating to derivative contracts with a competitor’s trading partners.

Represented contractor in its dispute with luxury cosmetics retailer over amounts owed in connection with multiple change orders incurred in build out of retailer’s flagship storefront in New York City.

Represented a theme park owner in a dispute with a nationwide operator brought under the New Jersey
Franchise Practices Act and in connection with counterclaims for breach of commercial lease agreement.

Defended an Ecuadoran national and former presidential candidate against claims alleging breaches of contract and fiduciary duties, and fraud relating to the operation of a privately held Ecuadoran produce exporter and its Bahamian parent corporation valued at $1.2 billion. Representation included obtaining documents in aid of foreign litigation in Ecuador, coordinating litigation in London, and enforcing £6 million judgment against New York assets of opponent.

Represented a manufacturer of component parts in connection with a products liability action arising from a crane collapse in New York City.

Represented trustee against $200 million suit for fraud, conversion, and breach of fiduciary duty in connection with the proceeds of the estates of two Greek nationals that were pending in Switzerland, and governed by Swiss procedural law, and both Greek and Swiss substantive law.

Defended a South African mining company in a Delaware appraisal action following a major U.S. acquisition.

Advised multinational banks in federal antitrust proceedings alleging conspiracy to manipulate benchmark rates.

Represented a foreign chemical company in a Section 1782 application before a U.S. federal court.

Represented multiple private investment funds in successful litigation involving breakup fees.