Christina H. Bost Seaton

Partner | Litigation
Co-Chair, Litigation Department

About
Credentials
Experience
News & Insights

About

Christina is an experienced business litigation attorney who has extensively practiced in state and federal courts and regulatory bodies, and also advises clients on strategic matters. She leverages technology to provide excellent legal services for her clients at highly competitive rates. She aggressively deploys litigation as a highly effective strategic tool in her clients’ arsenal in order to achieve their business objectives in the most efficient manner, and she is especially skilled at driving settlements and getting cases dismissed at their onset.

  • Her experience includes all types of commercial disputes, restrictive covenants and trade secrets litigation, securities litigation, real estate matters (REITs, private equity funds, commercial landlord-tenant, foreclosures, Yellowstone injunctions, zoning disputes, and Article 78 proceedings), derivative litigation, accountants’ liability, and all aspects of employment law defense.

    In addition to her work as an experienced business and employment defense litigator, Christina draws upon her litigation experience to serve as a trusted advisor to her clients, advising her clients in all aspects of their business, including, but not limited to, employment law, risk mitigation, and safeguarding intellectual property.

    Christina has experience working with clients of all sizes, from individuals, to start-ups, mid-size companies, and Fortune 100 corporations.


Practices

  • Commercial Litigation

  • Employment and Labor

  • Civil Pretrial and Trial Services

  • Litigation and Risk Management

  • Arbitration and Mediation

  • Technology

  • Trade Secrets and Restrictive Covenants

  • Securities and Derivative Litigation

  • Wire Fraud Liability

  • Technology Liability (Tech E&O)

  • Privacy-Breach & Wrongful Collection Liability

Admissions

  • New York


Education

  • New York University School of Law, J.D., 2004

  • Yale University, B.A., 2001


Memberships

  • New York Super Lawyers, 2020 - 2023

  • New York Super Lawyers, Rising Star 2011 - 2019


Awards and Recognition

  • Top Rated Litigator The American Lawyer (2023)

  • Top Women Attorneys In The New York Metro Area (2023)

  • Top Rated Lawyers, Corporate Counsel Magazine (2022)

  • Awarded the Martindale Hubbell AV Preeminent Rating (2016-2022).

  • Judicial Preeminent AV Rating by Martindale Hubbell (2019-2023).

  • Top Rated Woman Leader in Law by Martindale Hubbell (2021-2022)

  • Woman Leader in the Law, American Lawyer Media (2021-2023)

  • Super Lawyer in Business Litigation, New York Metro Super Lawyer Magazine (2020-2022)

  • Woman Leader in the Law, New York Law Journal and New York Magazine (2020)

  • Top Young Women Attorneys In The New York Metro Area (2020)

  • Top Rated Litigator by American Lawyer Media and Corporate Counsel (2020).

  • New York Top Rated Attorney, New York Law Journal and New York Magazine (2019-2020)

  • Top Rated Lawyer in Labor & Employment Law by American Lawyer Media and Martindale-Hubbell (2019, 2021).

  • Super Lawyer, Rising Star in Business Litigation in New York, NY (2011 – 2019).

  • Inaugural Leadership Award Winner, New York Chapter of the Coalition of Women’s Initiatives in Law (2018).

  • Top Rated Litigator by American Lawyer Media and Martindale Hubbell (2018).

  • Women of Influence Award Winner, bestlawyers.com (March 31, 2017).

Experience

  • FisherBroyles, LLP

  • Troutman Sanders LLP


Representative Transactions

  • Defended officers and directors of both a bankrupt Delaware limited liability company, and its bankrupt parent Israeli limited company, in litigation brought by bankruptcy trustee alleging they had breached their fiduciary duties to both companies. Obtained dismissal without prejudice on the basis that there was no personal jurisdiction over defendants in the Southern District of New York, and that agreements wherein the companies consented to forum in the District were not effective to obtain personal jurisdiction over the defendants. Beskrone v. Berlin et al., Case No. 21-cv-4803 (S.D.N.Y.).

  • Obtained dismissal on behalf of officer and director defendants in case alleging mismanagement, breach of fiduciary duty, and misuse of funds related to real estate development projects located in Brooklyn, New York, but related to investments solicited by Israeli-based company, on the basis that plaintiffs did not have standing to pursue the claims because they had been assigned to the liquidator in the Israeli bankruptcy. 56 East Investors LLC, individually and derivatively on behalf of East Upreal LLC, and East Upreal LLC v. Upreal Brooklyn LLC, David Goldberger, Eyal Yagev, Boaz Gilad, Asaf Fitoussi, and Brookland Upreal Limited, Index No. 503964/2019 (Kings County, New York).

  • Obtained dismissal of claims brought against in house attorney in real estate partnership dispute alleging, breach of fiduciary duty, mismanagement of property or investment funds, disagreements over ownership interests or profit distributions and claims of fraud, misrepresentation, and unjust enrichment. Steven Gurney-Goldman et al. v. Solil Management, LLC, et al., Index No. 655549/2023 (New York County, New York).

  • Successfully resolved partnership dispute dealing with claims of fraud and mismanagement between fifty-fifty partners in live music venue. Winrich v. Makes, Index No. 529818/2024 (Kings County, New York).

  • Obtained dismissal of claims alleging breach of fiduciary duty alleged owned to limited liability company and investors, and breach of the implied duty of good faith and fair dealing inherent in an limited liability agreement, related to conversion of shares from an Australian trust, which dealt with the mining and extraction of rare earth minerals to shares in a Delaware limited liability company. RAMCO Asset Mgmt. LLC, et al. v. USA Rare Earth, LLC, et al, C.A. 2022-0665 (Del. Ch.)

  • Successfully resolved litigation alleging fraud and breach of representations and warranties, covenants, and indemnification obligation in stock purchase agreement. Bematech Holdings LLC v. TOTVS Large Enterprise Technologia SA, et al., Case No. 1:22-cv-7873 (S.D.N.Y).

  • Obtained dismissal of all claims brought by borrower against mortgage lender and mortgage registration services provider seeking to invalidate home loan in advance of foreclosure. Forbes v. Atlantic Bay Mortgage Group, LLC, et al., 5:24-cv-00048 (W.D.N.C), aff’d 24-1897 (4th Circuit).

  • Obtained dismissal of consumer related claims. Payton v Target Corporation, 1:24-cv-8116 (E.D.N.Y.)

  • Obtained transfer of litigation from Eastern District of Virginia to Southern District of New York. Papaya Gaming, Ltd. v. Fair Play for Mobile Games, et al., 1:25-cv-470 (E.D.Va.)

  • Obtained favorable settlement on behalf of employee in trade secret and restrictive covenant litigation brought by former employer. Cartiga, LLC v. Aquino, 1:24-cv-1014 (S.D.N.Y.)

  • Obtained favorable settlement on behalf of client, a California-based coffee shop, in case alleging violations of the Americans with Disabilities Act from the alleged inaccessibility of the client’s website. Wahab v. Good Boy Bob, Inc., 1:24-cv-3784

  • Obtained favorable settlement on behalf of client in case alleging New York state law based violations related to website accessibility. Bassaw v. Dr. Squatch, LLC, Index No. 821000/2024E (Bronx County, New York)

  • Represented client, a classical music management company, in litigation related to commercial lease. W Artists, LLC v. Pleiades House LLC, et al. and IMG Artists, LLC, Index No. 65836/2021 (New York County, New York)

  • Obtained dismissal of claims brought by depositor against client, a precious metals depository. Joseph Sacco Trust v. Neptune Global Holdings, LLC, et al, Index No. 603743/2021 (Suffolk County, New York)

  • Obtained dismissal of petition to disqualify arbitrator selected in tri-party arbitration of insurance coverage dispute. Spectrum Vision Holdings LLC et al. v. Certain Underwriters at Lloyd’s London, et al., Index No. 652880/2022 (New York County, New York)

  • Obtained favorable settlement on behalf of client, a well-known luxury candy retailer, in a breach of contract dispute with a manufacturing vendor. Sugarfina, Inc. v. GLJ, Inc., et al., 19-cv-50364 (U.S. Bankr. D. Del.) and GLJ, Inc., et al. v. Sugarfina, Inc., 2:19-cv-04970 (E.D.N.Y.).

  • Represented a social radio start-up in a litigation alleging claims of breach of contract and negligence. Whitaker v. Stationhead, Inc., 1:18-cv-785-LY (W.D. Texas).

  • Represented client in case alleging breach of restrictive covenant, violation of the covenant of good faith and fair dealing, intentional interference with prospective economic advantage, and misappropriation of trade secrets. DeZaio Productions, Inc. v. Guerra and Boston Barricade, Inc. (Sup. Ct. of New Jersey, Bergen Cnty.).

  • Obtained dismissal of all claims against client in a collective action alleging violations of the Fair Labor Standards Act (“FLSA”) and New York Labor Law. Yarde v. Apex Systems, LLC., et al., 1:19-cv-03437 (E.D.N.Y.).

  • Obtained dismissal of all claims pled against clients in case alleging aiding and abetting of breach of fiduciary duty and fraud. Arena Riparian (Cayman) LLC. et a;/ v. Lance Toland Associates, LLC, et al., Index No. 654429/2018 (N.Y. Sup. Ct., N.Y. Cnty. Aug 8, 2019).

  • Obtained favorable settlement in litigation against client, a Michigan-based national mortgage lender, alleging intentional infliction of emotional distress, breach of contract, and violations of the Real Estate Settlement Procedures Act and Unfair or Deceptive Acts or Practices Act (“RESPA”). Reynolds, et al, v. Flagstar Mortgage Corp., et al., No. 16-2-00289-4 (Superior Ct. Wash. State, Douglas Cnty.).

  • Obtained favorable settlement on behalf of client, an e-commerce company, in case alleging violations of the Americans with Disabilities Act arising from the alleged inaccessibility of the client’s website. Traynor v. The Goulet Pen Company, LLC, 1:19-cv-02698 (S.D.N.Y.).

  • Obtained dismissal of all claims against client in a case alleging breach of restrictive covenant and violation of the covenant of good faith and fair dealing. DeZaio Productions, Inc. v. Sambade, Aquino, Cueto, and Boston Barricade Company, Inc., (Sup. Ct. New Jersey, Bergen Cnty.).

  • Represented of numerous not-for-profit community and social services organizations in Article 78 administrative appeals of zoning and New York City Landmarks Laws determinations. Hillbertz v. Institute of Community Living, Index No. 520815/2017 (N.Y. Sup. Ct. Kings Cnty.) and Carnegie Hill Neighbors v. City of New York, Index No. 161375/2017 (N.Y. Sup. Ct., N.Y. Cnty.).

  • Obtained order (a) granting summary judgment dismissing prior lender’s claims against client, a Michigan-based national mortgage lender, to foreclose upon a residential property and to vacate an allegedly-forged satisfaction of mortgage, and (b) vacating the Notice of Pendency recorded by the prior lender. JPMorgan Chase Bank, N.A. v. Marie Aspilaire, et al, Index No. 15189/2013 (N.Y. Sup. Court, Kings Cnty. Apr. 15, 2018).

  • Obtained a favorable pre-litigation settlement on behalf of a client, a Virginia-based national mortgage lender, in a breach of contract dispute with an information technology vendor.

  • Obtained summary judgment on breach of contract claim concerning a commercial lease, and an award of more than $2.7 million consisting of unpaid rent, late fees, and interest, which award was upheld in its entirety on appeal. (Axginc Corp. v Plaza Automall, Ltd., No. 14-CV-4648 (ARR), 2017 U.S. Dist. LEXIS 178718 (E.D.N.Y., Oct. 24, 2017), 2017 U.S. Dist. LEXIS 186168 (E.D.N.Y. Nov. 9, 2017), 759 Fed. Appx. 26 (Dec. 26, 2018).

  • Achieved summary judgment on claims of breach of contract and account stated in case concerning a personal guaranty of a commercial lease, and denial of motion to vacate the judgment because Defendant failed to set forth a meritorious defense to the action. Broadstone GC Kentucky, LLC. v. Frank R. Seddio., Index No. 14116/16 (NY Sup. Court, Monroe Cnty., July 31, 2017 and Dec. 14, 2017).

  • Obtained dismissal of unjust enrichment claim brought in connection with a commercial license agreement, and ultimately reached favorable settlement for client, a boutique investment bank. Fusion Telecommunications International, LLC v. Sprague, et al., Index No. 652693/2016 (N.Y. Sup. Ct., N.Y. Cnty. Jul. 18, 2019).

  • Obtained favorable settlement for condominium owners who brought a claim against their condominium for negligence in connection with water damage. Gupta v. Royal York Owners Assn., Index. No. 154966/2016 (N.Y. Sup. Ct., N.Y. Cnty.).

  • Obtained dismissal of claims of conversion of personal property in connection with the sale of a condominium based upon lack of personal jurisdiction. Miller v. Silver, Index No. 102526/2012 (N.Y. Sup. Ct. N.Y. Cnty. Mar. 30, 2017).

  • Obtained favorable settlements on behalf of numerous small and mid-size businesses in connection with employment discrimination and/or harassment claims.

  • Represented numerous small and mid-size businesses in connection with New York State and City employment advice, as well as matters related to diversity and inclusion initiatives.

  • Represented numerous C-Suite executives in connection with the negotiation of employment and separation agreements.

  • Represented mid-sized e-commerce business in connection with possible dispute against competitor and advice regarding intellectual property issues.

  • Obtained transfer of case to home forum on behalf of directors in a derivative litigation, and subsequent dismissal of all claims. Weinfeld v. Minor, 12 Civ. 6395, 2014 U.S. Dist. LEXIS 141297 (E.D.N.Y. Sept. 30, 2014) and 12 Civ. 6395, 2015 U.S. Dist. LEXIS 114318 (D. Nev. Aug. 26, 2015), and 12 Civ. 6395, 2016 U.S. Dist. LEXIS 30117 (D. Nev. Mar. 8, 2016).

  • Defeated motion to dismiss and settled case brought by a distributor against a supplier. Ross Organic Specialty Sales, Inc. v. Evonik Goldschmidt Corp., Index No. 651685/2011 (N.Y. Sup. Ct. New York Cnty.).

In the News

  • Quoted, Agenda, Directors’ Emails, Texts at Forefront of Fox Derivative Case (May 8, 2023)

  • Quoted, Law360: Litigation Funding Demand Rises As Pandemic Suits Percolate. (November 6, 2020)


Publications

  • Contributing Editor, Trial Techniques for the Labor and Employment Law Practitioner, Bloomberg Law, July 2019.

  • “Defense Perspectives on Rule 30(b)(6) Depositions of Technology Experts,” presented at the 12th Annual American Bar Association Section of Labor and Employment Law Conference, San Francisco, California, November 2018.

  • Co-Author, “Using An Expert in Non-Compete and Trade Secret Cases,” Non-Competition, Trade Secrets, Proprietary Information, and Duty of Loyalty Subcommittee and the Technology Subcommittee, March 2018.

  • Author, “Making Sense of Conflicting Court Decisions About Standing in Data Breach Cases,” The Cybersecurity Law Report, March 30, 2016.

  • Co-Author with Aurora Cassirer, “Privacy Law and Cybersecurity: What You Need to Know About Modern Threats to Electronically-stored Data,” TerraLex Connections, January 2016.

  • Co-Author, “A TRO Non-Compete Primer for the 21st Century,” prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, March 2015.

  • Co-Author, “Restrictive Covenants and Trade Secrets,” prepared for the 32nd Annual National CLE Conference in Vail, Colorado, January 2015.

  • Contributing Editor, Tortious Interference in the Employment Context: A State-by-State Survey, Fourth Edition, Bloomberg BNA, 2014.

  • Co-Author with Aurora Cassirer, “Privilege Issues for Multijurisdictional In-house Counsel,” Corporate Counsel Magazine, September 23, 2014.

  • Author, “What Employers Need to Know about Technology’s Impact on Internal Investigations,” prepared for the National Symposium on Technology and Labor and Employment Law,” New York, April 2014.

  • Co-Author, “Class or Collective Waivers and Employment Arbitration—Should Employers Consider Deploying This New Weapon?,” Troutman Sanders LLP Employment & The Law Newsletter, April 7, 2014.

  • Co-Author, “Non-Compete Purgatory: You Know You Are Leaving, But You Are Not Gone (Yet),” prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, March 2014.

  • Author, “Restrictive Covenants and Trade Secrets from the Employer’s Perspective,” prepared for the 31st Annual National CLE Conference in Vail, Colorado, January 2014.

  • Co-Author, “How Employers Can Minimize Risks under the Fair Credit Reporting Act (“FCRA”),” Troutman Sanders LLP Employment & the Law Newsletter, December 23, 2013.

  • Co-Author, “Recent Developments in Federal Class Actions—Plaintiffs’ and Defense Counsel Assess the Impact of the Supreme Court’s Decisions in Comcast Corp. v. Behrend and Standard Fire Ins. Co v. Knowles on Employment Class Actions,” ABA Section of Labor and Employment Law Flash, May 2013.

  • Co-Author, “Stretching Beyond the Sea Shore: Non-compete Geographic Restrictions in a Virtual World,” prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, March 2013.

  • Co-Author, “Caution Advised: Employers Must be Careful Not to Commit an Invasion of Privacy During Investigations,” Troutman Sanders LLP Employment & the Law Newsletter, December 13, 2012.

  • Author, “Social Media Password Ownership and the Workplace,” Law 360, December 05, 2012.

  • Co-author, “Does Your Company Need a Chief Privacy Officer?” Law 360, October 15, 2012.

  • Author, “The SCA Can’t Make Public Tweets Private,” Law 360, August 30, 2012.

  • Author, “Is an Online Search a Background Check for FCRA?” Lexis-Nexis Emerging Issues’ Law Community, August 8, 2012.

  • Co-author, “Non-competes in the Electronic Workplace: Solicitation in the Age of Social Media,” prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, March 2012.

  • Author, “Steps In-House Counsel May Take to Preserve the Attorney-Client Privilege,” American Bar Association’s Employment & Labor Relations Law, Volume 9, Number 1, Spring 2011.

  • Co-Author, “Blacklisting 2011,” prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, March 2011.

  • Co-Author, “Employee Handbooks, Policy Manuals, and Codes of Ethics: Which Communication Tools Are Best for Your Organization?” Troutman Sanders LLP Employment & the Law Newsletter, December 2, 2009.

  • Co-Author, Say Ciao to Chow Mein: Conquering Career Burnout, Life Career Publishing, 2006.


Speaking Engagements

  • “Preparing for and Taking a 30(b)(6) Deposition of a Technology Expert,” presented at the 12th Annual American Bar Association Section of Labor and Employment Law Conference, San Francisco, California, November 2018.

  • “Using An Expert in Non-Compete and Trade Secret Cases,” presented by Non-Competition, Trade Secrets, Proprietary Information, and Duty of Loyalty Subcommittee and the Technology Subcommittee for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, Clearwater, Florida, March 20-24, 2018.

  • “Employee Use of Counterclaims and Anti-SLAPP Actions to Challenge Restrictive Covenant Claims,” presented at the Mid-Winter Meeting of the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, New Orleans, Louisiana, March 2016.

  • “Cyber Security Litigation: What You Need to Know,” The Knowledge Group webcast, February 2, 2016.

  • “In-House Counsel Depositions: Navigating Complex Legal and Ethical Issues,” Strafford webcast, January 14, 2016.

  • “The Latest on Noncompete Agreements [pdf],” 33rd Annual National CLE Conference in Vail, Colorado, January 2016.

  • “Non-competes on the Cutting Edge,” 32nd Annual National CLE Conference in Vail, Colorado, January 2015.

  • “Bring Your Own Device Policies: What You Need To Know,” presented at the Troutman Sanders LLP Cybersecurity and Information Management Seminars, held in Atlanta, Washington, DC, and New York, May 2014, and at the 2015 Troutman Sanders Annual Labor & Employment seminar.

  • “Internal Investigations in a Digital Workplace,” presented at the National Symposium on Technology and Labor and Employment Law, New York, New York, April 2014.

  • “Emerging Issues in Restrictive Covenants and Trade Secrets,” presented at the 31st Annual National CLE Conference in Vail, Colorado, January 2014.

  • “It’s as Easy as a Day at the Beach: Basics of Restrictive Covenants and Duties,” presented at the Mid-Winter Meeting of the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, Miami Beach, Florida, March 2013.

  • Mock Trial Participant at the Mid-Winter Meeting of the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, Las Vegas, Nevada, March 2012.

  • “Developments and Issues Concerning the Protection and Disclosure of an Employer’s Confidential or Proprietary Information,” panel discussion before the Labor and Employment law club at Benjamin N. Cardozo School of Law, March 8, 2012.

  • “Strategies & Techniques when Litigating Restrictive Covenants in New York,” CLE sponsored by the Labor and Employment Law Committee of the New York City Bar, September 21, 2011.

  • “Blacklisting 2011,” presented at the Mid-Winter Meeting of the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section, San Juan, Puerto Rico, March 2011.

  • “Legal Trends: Tackling Issues Facing Your Nonprofit,” breakout session at the New York Junior League conference on Nonprofit Excellence: Thriving in a Changing Landscape, May 12, 2010.

  • “Legal Responsibility: Understanding Key Issues,” a lesson on the rights and responsibilities of nonprofit boards of directors in New York that I have taught two to three times a year since approximately 2008 as part of the Leadership Through Governance: Training Volunteers Through Nonprofit Board Membership course held at the New York Junior League.