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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.

Randall L Rasey - SuperLawyers

 

Practices

Arbitration Commercial Litigation Executive Compensation and Separation Intellectual Property Litigation Internal Investigations Labor and Employment Disputes Labor, Employment, and Executive Compensation Securities Litigation, Regulatory Investigations, and Enforcement
Practices

Industry Experience

Advertising, Marketing, and Public Relations Art, Fashion, Beauty, and Design Finance Investment Management Manufacturing and Distribution
Industry Experience
B
Practices
Industries
Admissions
  • State of New York
  • State of New Jersey
  • Southern and Eastern Districts of New York
  • District of New Jersey
  • Second Circuit Court of Appeals
Education
  • Fordham University, J.D.
  • Hunter College of the City University of New York, B.A. Economics, 1993; M.A. Economics

Honors

  • Selected by Super Lawyers, 2014 to present
Memberships
  • New York City Bar Association,
    Foreign and Comparative Law Committee
  • WorldWide Negotiation
Presentations
  • Panelist, “The Role of the Expert in Mediation.” Seminar sponsored by Giuffre Editore, Aequitas ADR, and WorldWide Negotiation in Asti, Italy. (June 17, 2010).
In The Media
Attorney Articles
  • FCS Advisors, Inc. v. Fair Fin. Co., Inc., 2009 WL 1403869 (S.D.N.Y. May 19, 2009) (Published in New York Law Journal as “Decision of Interest” on 5/27/2009), amended, 07 CIV. 6456 (DC), 2009 WL 1616518 (S.D.N.Y. June 9, 2009), vacated, 605 F.3d 144 (2d Cir. 2010) and aff’d in part, 378 F. App’x. 65 (2d Cir. 2010).
  • Fantazia Int’l v. CPL Furs New York, Inc., 20 Misc. 3d 1113(A), 867 N.Y.S.2d 374 (N.Y. Sup. Ct., N.Y. Co. 2008) (Published in New York Law Journal as “Decision of Interest” on 7/3/2008), modified. Fantazia Int’l Corp. v. CPL Furs New York, Inc., 67 A.D.3d 511, 889 N.Y.S.2d 28 (N.Y. App. Div., 1st Dep’t 2009). Galicia v. Rota Holding Corp. No. 2, 57 A.D.3d 293, 868 N.Y.S.2d 525 (N.Y. App. Div., 1st Dep’t 2008).
Community
  • Randy provides pro bono representation to refugees seeking asylum in the United States.
  • He also serves as legal advisor to Develop Don’t Destroy Brooklyn, Inc., a not-for-profit community development organization.
  • In addition, he is a volunteer arbitrator in New York City Small Claims Courts

Matters

Close
Commercial Litigation
  • Defended Against 10b-5 Shareholder Suit
    • 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.
  • 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.
Arbitration
  • Represented Korean Securities Firms in FINRA 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.
  • Obtained Multi-Million-Dollar Award in 5-Day Arbitration
    • 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.
  • Won Reversal and Damages Award from Appellate Arbitration Panel
    • 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.
Intellectual Property
  • Counsel to Italian Distributor in IP Matters
    • 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.
  • Managed Fashion Companies’ Copyright and Contract Disputes
    • 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.