Claims Against Directors, Officers, and Fiduciaries

• Represented individual defendant Eyal Moshe in a consolidated Securities Act class action arising from Hub Cyber Security’s de-SPAC merger. After the motion-to-dismiss ruling narrowed the case, the parties reached a class settlement that received final approval. In re Hub Cyber Sec. Ltd. Sec. Litig., No. 1:23-cv-05764-AS (S.D.N.Y. Aug. 4, 2026).

• For a venture fund and its director, sued by Alabama investors in an AI start-up, enforced Delaware forum-selection clauses, winning severance and transfer of the securities claim to Delaware and dismissal of the remaining claims. Timberline Holdings III, LLC v. Oron, No. 2:25-cv-1001-CLM (N.D. Ala. Aug. 4, 2026), ECF No. 49 (mem. op.), transferred in part, No. 1:26-cv-00957 (D. Del.).

• Obtained dismissal of claims alleging breach of fiduciary duty allegedly owed to a limited liability company and its investors, and breach of the implied covenant of good faith and fair dealing in a limited liability company agreement, arising from the conversion of shares in an Australian rare earth mining trust into shares of a Delaware limited liability company. In March 2026, the Delaware Supreme Court affirmed the Court of Chancery’s dismissal of every claim against the client, the former CEO and manager of USA Rare Earth, LLC. Ramco Asset Mgmt., LLC v. USA Rare Earth, LLC, C.A. No. 2022-0665-SG (Del. Ch. Apr. 22, 2024), aff’d sub nom. US Trading Co. Metals RE, LLC v. USA Rare Earth, LLC, No. 371, 2025 (Del. Mar. 25, 2026) (ORDER).

• Lead counsel to defendants in a dispute among owners of a Long Island gymnastics business asserting trademark infringement, declaratory judgment, breach of fiduciary duty, and related claims. Obtained disqualification of plaintiffs’ counsel at the pre-motion conference; dispositive motions are pending. Colombo v. Notarnicola, No. 2:25-cv-03916-GRB-ARL (E.D.N.Y. Nov. 5, 2025).

• 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 (N.Y. Sup. Ct. Kings Cnty. 2025) (settled).

• Obtained dismissal of claims brought against an in-house attorney in a real estate partnership dispute alleging breach of fiduciary duty, mismanagement of property or investment funds, disagreements over ownership interests or profit distributions, and fraud, misrepresentation, and unjust enrichment. Gurney-Goldman v. Solil Mgmt., LLC, Index No. 655549/2023 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 9, 2024).

• 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 E. Invs. LLC v. Upreal Brooklyn LLC, Index No. 503964/2019 (N.Y. Sup. Ct. Kings Cnty. Mar. 28, 2024).

• 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, No. 1:21-cv-04803 (PAE) (S.D.N.Y. Feb. 15, 2023).

• 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 v. Lance Toland Assocs., LLC, Index No. 654429/2018 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 8, 2019).

• Obtained transfer of case to home forum on behalf of directors in a derivative litigation, and subsequent dismissal of all claims. Weinfeld v. Minor, No. 12-CV-6395 (DLI)(MDG), 2014 U.S. Dist. LEXIS 141297 (E.D.N.Y. Sept. 30, 2014); Weinfeld v. Minor, 2015 U.S. Dist. LEXIS 114318 (D. Nev. Aug. 26, 2015); Weinfeld v. Minor, 2016 U.S. Dist. LEXIS 30117 (D. Nev. Mar. 8, 2016); Weinfeld v. Minor, 2016 U.S. Dist. LEXIS 113998 (D. Nev. Aug. 24, 2016).

• Obtained dismissal with prejudice, affirmed on appeal, of fraud, breach of fiduciary duty, and implied covenant claims brought against the former controlling shareholders of an Israeli HVAC company by a sophisticated investor that had put $70 million into the company. MP Cool Invs. Ltd. v. Forkosh, 141 A.D.3d 111 (1st Dep’t 2016), aff’g No. 650730/2015 (N.Y. Sup. Ct. N.Y. Cnty. Oct. 20, 2015).

Commercial and Contract Disputes

• Represented an IT services consultant seeking more than $1 million in unpaid invoices for an Oracle CX software implementation; defeated the defendant’s motion to dismiss the breach of contract claim. NGI Cap., Inc. v. Watlow Elec. Mfg. Co., No. 1:25-cv-05683 (S.D.N.Y. Sept. 30, 2026).

• Represented a consulting firm in a breach of contract action arising from an audit and executive search agreement; defeated the defendant’s motion to dismiss the amended complaint. Keecha Harris & Assocs., Inc. v. Offor Walker Grp., LLC, No. 1:25-cv-09755 (S.D.N.Y. Sept. 24, 2026).

• Obtained transfer of litigation from the Eastern District of Virginia to the Southern District of New York, then won dismissal of the duplicative action and sanctions imposed jointly and severally on the plaintiff and its counsel for re-filing previously dismissed claims. Papaya Gaming, Ltd. v. Fair Play for Mobile Games, No. 1:25-cv-05573 (DLC), 2026 WL 558698 (S.D.N.Y. Feb. 27, 2026).

• Brought a CPLR 3213 motion for summary judgment in lieu of complaint for a commercial creditor; the action settled and was discontinued. Innovative Serv. Tech. Mgmt. Servs., Inc. v. Criterion Grp. LLC, Index No. 734930/2025 (N.Y. Sup. Ct. Queens Cnty. Dec. 2025) (settled).

• 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 Enter. Tecnologia S.A., No. 1:22-cv-07873 (S.D.N.Y. Oct. 2024) (settled).

• Obtained dismissal of claims brought by depositor against client, a precious metals depository. Joseph Sacco Tr. v. Neptune Glob. Holdings, LLC, Index No. 603743/2021 (N.Y. Sup. Ct. Suffolk Cnty. Mar. 9, 2022).

• Obtained dismissal of petition to disqualify arbitrator selected in tri-party arbitration of insurance coverage dispute. Spectrum Vision Holdings, LLC v. Certain Underwriters at Lloyd’s London, Index No. 652880/2022 (N.Y. Sup. Ct. N.Y. Cnty. Aug. 31, 2022).

• Represented client, a classical music management company, in litigation (and subsequent arbitration) related to commercial lease. W Artists, LLC v. Pleiades House LLC, Index No. 65836/2021 (N.Y. Sup. Ct. N.Y. Cnty.).

• 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 Telecomms. Int’l, Inc. v. Sprague, Index No. 652693/2016 (N.Y. Sup. Ct. N.Y. Cnty. July 18, 2019).

• For a pharmaceutical company in a trademark counterfeiting and breach of contract action against a Korean manufacturer, obtained an ex parte temporary restraining order with an asset restraint and expedited discovery, then a preliminary injunction, and brought the first contempt motion to enforce it. Aquavit Pharms., Inc. v. U-Bio Med, Inc., No. 1:19-cv-03351 (VEC) (S.D.N.Y. Apr. 15 & 29, 2019).

• 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., No. 19-50364 (Bankr. D. Del.); GLJ, Inc. v. Sugarfina, Inc., No. 2:19-cv-04970 (E.D.N.Y.).

• 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), aff’d, 759 F. App’x 26 (2d Cir. 2018).

• Represented a social radio start-up in a litigation alleging claims of breach of contract and negligence. Whitaker v. Stationhead, Inc., No. 1:18-cv-00785-LY (W.D. Tex.).

• 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 Ky., LLC v. Seddio, Index No. 14116/16 (N.Y. Sup. Ct. Monroe Cnty. July 31, 2017 & Dec. 14, 2017).

• Obtained dismissal on forum non conveniens grounds for the technology-transfer arm of an Israeli university in a research and license agreement dispute. Gordon v. Ramot at Tel Aviv Univ., No. 13 Civ. 5105 (AT), 2014 U.S. Dist. LEXIS 49376 (S.D.N.Y. Apr. 8, 2014), reconsideration denied, 2014 U.S. Dist. LEXIS 84238 (S.D.N.Y. June 5, 2014).

• 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. N.Y. Cnty.).

• 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.

Real Estate, Mortgage, and Consumer Litigation

• Represented client, a French pâtisserie and gift retailer, in an action alleging that the client’s website was inaccessible to blind and visually impaired users in violation of the New York State Human Rights Law, New York State Civil Rights Law, and New York City Human Rights Law; plaintiff voluntarily discontinued the action. Donet v. Laduree USA, Inc., Index No. 155001/2026 (N.Y. Sup. Ct. N.Y. Cnty. July 24, 2026).

• Represented client, an online pen and stationery retailer, in an action alleging that the client’s website was inaccessible to blind and visually impaired users in violation of the New York State Human Rights Law, New York State Civil Rights Law, and New York City Human Rights Law; plaintiff voluntarily discontinued the action. Murray v. Goulet Pen Co., Index No. 152596/2026 (N.Y. Sup. Ct. N.Y. Cnty. June 1, 2026).

• As New York counsel to the tenant in a real-property breach of contract action brought by the landlord, removed the case from state court to federal court and resolved it through private mediation, followed by dismissal with prejudice. Ditmars 22-11 LLC v. Target Corp., No. 1:25-cv-01428 (E.D.N.Y. May 4, 2026).

• Represented client, a California-based coffee company, in an action alleging that the client’s website was inaccessible to blind and visually impaired users in violation of the New York State Human Rights Law, New York State Civil Rights Law, and New York City Human Rights Law; plaintiff voluntarily discontinued the action. Driffin v. Good Boy Bob, Inc., Index No. 150515/2026 (N.Y. Sup. Ct. N.Y. Cnty. Apr. 10, 2026).

• Obtained an order vacating a default judgment entered against a small business and its principal in an action brought by a merchant cash advance funder, on the ground that defective service deprived the court of personal jurisdiction. White Rd. Cap. LLC v. Ennovative, Inc., Index No. 531266/2024 (N.Y. Sup. Ct. Kings Cnty. Feb. 4, 2026).

• 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. Atl. Bay Mortg. Grp., LLC, No. 5:24-cv-00048 (W.D.N.C.), appeal dismissed, No. 24-1897 (4th Cir.).

• Obtained dismissal of consumer-related claims. Payton v. Target Corp., No. 1:24-cv-08116 (E.D.N.Y.).

• Obtained favorable settlement on behalf of client in case alleging violations of New York State law related to website accessibility. Bassaw v. Dr. Squatch, LLC, Index No. 821000/2024E (N.Y. Sup. Ct. Bronx Cnty.).

• 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., No. 1:24-cv-03784 (S.D.N.Y.).

• Obtained favorable settlement on behalf of client, a food company, in a putative class action alleging violations of the Americans with Disabilities Act. Mejia v. Uprising Food, Inc., No. 1:22-cv-05307 (S.D.N.Y. Aug. 4, 2022).

• Obtained favorable settlement on behalf of client, a beverage company, in a putative class action alleging violations of the Americans with Disabilities Act. Nisbett v. Simple Skiff Beverages, LLC, No. 1:21-cv-03984 (S.D.N.Y. Nov. 6, 2021).

• Obtained favorable settlement on behalf of client, an online mattress retailer, in a putative class action alleging violations of the Americans with Disabilities Act. Traynor v. Leesa Sleep, LLC, No. 1:19-cv-08949 (S.D.N.Y. Nov. 14, 2019).

• 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. Goulet Pen Co., No. 1:19-cv-02698 (S.D.N.Y.).

• 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. Aspilaire, Index No. 15189/2013 (N.Y. Sup. Ct. Kings Cnty. Apr. 15, 2018).

• Represented numerous not-for-profit community and social services organizations in Article 78 administrative appeals of zoning and New York City Landmarks Laws determinations. Hilbertz v. Inst. for Cmty. Living, Index No. 520815/2017 (N.Y. Sup. Ct. Kings Cnty.); Carnegie Hill Neighbors v. City of New York, Index No. 161375/2017 (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 settlement for condominium owners who brought a claim against their condominium for negligence in connection with water damage. Gupta v. Royal York Owners Ass’n, Index No. 154966/2016 (N.Y. Sup. Ct. N.Y. Cnty.).

• 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 (“RESPA”) and unfair or deceptive acts or practices laws. Reynolds v. Flagstar Mortg. Corp., No. 16-2-00289-4 (Wash. Super. Ct. Douglas Cnty.).

Employment, Trade Secrets, and Restrictive Covenants

• Obtained favorable settlement on behalf of employee in trade secret and restrictive covenant litigation brought by former employer. Cartiga, LLC v. Aquino, No. 1:24-cv-01014 (S.D.N.Y.).

• 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 Sys., LLC, No. 1:19-cv-03437 (E.D.N.Y.).

• 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 Prods., Inc. v. Guerra (N.J. Super. Ct. Law Div. Bergen Cnty.).

• 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 Prods., Inc. v. Sambade (N.J. Super. Ct. Law Div. Bergen Cnty.).

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