Prior Representations

Commercial Litigation

  • We represented a shareholder of Dow Corning Corporation in connection with Dow Corning’s multi-billion dollar settlement of all silicone gel implant cases during the Dow Corning bankruptcy proceeding.
  • We served as National Coordinating Counsel for a Fortune 500 Company involved in asbestos bodily injury claim litigation.
  • We represented a utility company sued for millions of dollars in damages for breach of contract and breach of the implied duty of good faith and fair dealing.  We moved for summary judgment on the same day we served the answer, thus cutting off the opportunity for the plaintiff to engage in discovery.  The trial judge granted our motion for summary judgment and dismissed all of the plaintiff’s causes of action.  The appellate court unanimously affirmed.
  • We represented a lender sued for millions of dollars in damages for breach of contract, breach of the duty of good faith and fair dealing, breach of fiduciary duty, and conversion.  The District Court granted summary judgment, dismissing all of the claims against our client.  The Second Circuit Court of Appeals affirmed.
  • We represented a manufacturer sued for supplying allegedly defective products.  The trial court denied the plaintiff’s motion for summary judgment seeking to impose liability, and the appellate court unanimously affirmed.  The case subsequently settled on favorable terms for our client.
  • We represented a manufacturer sued by a third-party plaintiff for indemnification.  The trial court granted summary judgment to our client, dismissing the third-party complaint.
  • We represented a contractor sued by the State of New York for allegedly releasing asbestos in a SUNY dormitory during the course of renovating the dormitory. The State sought damages of over $240,000 for the cost to clean-up the dormitory.  We moved for summary judgment on various grounds, including spoliation of evidence.  The trial judge granted our motion and dismissed all causes of action against our client.
  • We represented two independent contractors who sued for breach of contract.  We obtained summary judgment against the defendant for damages and attorneys’ fees.  After successfully restraining the defendant’s bank account, we settled the case for more than the judgment amount.
  • We represented a company sued by a party seeking a declaration that a right of first refusal in the parties’ contract was unenforceable.  The trial court dismissed the complaint, finding that the right of first refusal was not unenforceable.

Employment Litigation for Employers

  • We represented a university where a professor sued alleging race, national origin, religion, and age discrimination.  The trial judge granted our motion for summary judgment dismissing all claims, and the Second Circuit Court of Appeals affirmed. The United States Supreme Court subsequently denied certiorari.
  • We represented a bank sued by its former Chief Executive Officer and successfully moved to dismiss numerous causes of action alleged by the plaintiff.
  • We represented a corporation sued by an employee for race discrimination.  After extensive discovery, we successfully obtained summary judgment from the trial court, and the Second Circuit Court of Appeals affirmed.
  • We represented a corporation sued by an employee who alleged disability discrimination on account of the corporation’s implementation of an OSHA rule requiring steel-toed foot protection for all carpenters and maintenance persons working at its facility.  We successfully obtained summary judgment dismissing all claims.
  • We represented a corporation sued by an employee for retaliatory discharge for his complaint about a sexually inappropriate comment.  We defended the action with evidence that:  (1) the employee was not retaliated against; and (2) a complaint concerning a single, isolated comment did not constitute sexual harassment.  We successfully obtained summary judgment dismissing all claims.
  • We represented a company investigated for alleged overtime and child labor violations by the United States Department of Labor.  We negotiated a favorable settlement for the company and significantly reduced the fines.
  • We represented a bank in a matter pending before the State Division of Human Rights.  A terminated employee brought a claim against the bank alleging disability discrimination.  We successfully obtained dismissal of all claims.
  • We represented a law firm in a matter pending before the State Division of Human Rights.  A former employee brought a claim against the firm for race discrimination. We successfully obtained dismissal of all claims.
  • We represented a corporation sued by a former employee for alleged disability discrimination in a matter pending before the State Division of Human Rights.  We successfully obtained dismissal of all claims.
  • We represented a corporation sued by two former employees who alleged retaliation and sexual harassment in a matter pending before the Equal Employment Opportunity Commission.  We successfully obtained dismissal of all claims.
  • We represented a corporation in a matter pending before the Equal Employment Opportunity Commission where the claimant alleged race discrimination.  We successfully obtained dismissal of all claims.

Employment Litigation for Employees

  • We represented a female employee who had been sexually harassed at work by one of the owners of a clothing manufacturing company.  Without commencing suit, we informed the company of her claim, mediated the dispute through JAMS, and successfully settled the matter for $1,000,000.  We believe this is one of the largest, if not the largest, single claimant settlement for sexual harassment obtained by a Western New York law firm.
  • We represented a teacher wrongfully discharged by a school district. We negotiated severance and benefits for the teacher worth over $60,000 without filing a lawsuit.
  • We represented three employees who sued their employer for unpaid overtime wages and bonuses pursuant to the Fair Labor Standards Act.  We obtained a judgment of over $85,000 for the employees.
  • We represented a woman who had been sexually harassed at her job at a car dealership.  We successfully settled the case during mediation for $60,000.
  • We represented a woman who was sexually harassed at work at an investment company.  We mediated the case and successfully settled the matter for $50,000.
  • We represented a woman who was sexually harassed at work at a university.  We successfully settled the matter without filing suit for $50,000.
  • We negotiated a severance agreement for a physician with a value of over $200,000.
  • We negotiated a severance agreement for an employee of a defense contractor with a value of over $80,000.
  • We negotiated a favorable settlement for a driver wrongfully fired by a trucking company for alleged misconduct without having to file a lawsuit.
  • We negotiated a favorable settlement for a woman wrongfully terminated from her job at a nursing home.
  • We represented a pharmacist wrongfully discharged by his employer and negotiated a favorable severance agreement.
  • We represented an individual terminated from a not-for-profit corporation.  We negotiated a favorable severance agreement in excess of $50,000 and removal of a non-compete clause.
  • We represented a scientist terminated from a large medical products manufacturer.  We negotiated a successful severance agreement including favorable monetary terms and removal of a non-compete clause.
  • We represented a former president of a company in a breach of employment action against the company and negotiated a favorable settlement.