Litigation

• Recovered $5.7 million trial award, affirmed on appeal, against an international conglomerate for shareholders of a corporation acquired by merger.
• Represented numerous parties in litigation involving ownership and/or governance disputes regarding closely held corporations, limited liability companies and partnerships.
• Represented and advised numerous attorneys regarding law firm partnership matters and disputes, and in disputes regarding allocation of personal injury contingency fees between incoming and outgoing lawyers for the plantiff.
• Recovered six-figure damage award against an investment advisor regarding a defectively designed charitable remainder trust.
• Represented a business in a proceeding to halt construction of an international bridge being planned by a public authority without compliance with SEQRA.
• Recovered  $2 million arbitration award for a Texas developer against a manufacturer of gas turbine electric generating equipment, following a three-and-a-half week international arbitration proceeding in New York City involving a co-venture to develop two electric power generating plants in the United Kingdom.
• Represented two partners separating from national accounting firm regarding non-competition issues and recovery of their capital accounts.
• Represented Buffalo family business in shareholder agreement litigation.
• Represented union in litigation related to a strike.
• Represented union in federal court discrimination litigation.
• Recovered six-figure settlement in a disability employment discrimination case on behalf of a former executive against a national bank.
• Resolved, by a settlement kept confidential at the defendant’s request, a sexual harassment claim brought by the firm on behalf of a former employee against an upstate New York hospital and a prominent physician.
• Represented the plaintiffs and resolved, by a settlement kept confidential at the request of defendants, wrongful death and injury claims arising out of a vehicle going out of control and veering into crowd at an event held at Niagara Falls Convention Center.
• Recovered settlement in Surrogate’s Court litigation requiring the trustees of a testamentary trust to establish a separate $1 million trust fund (controlled by new trustees) for the benefit of certain trust beneficiaries, upon their claim that the trustees had breached their fiduciary duties by continuing to operate marginal family businesses rather than investing trust assets in prudent, income producing investments.
• Recovered substantial six-figure settlement amount for non-voting shareholders in a stock appraisal case brought under Section 623 of the Business Corporation Law.
• Defended at trial against and obtained dismissal of bank guaranty liability claims brought against former owners of a defunct corporation.
• Served as Court appointed special master for discovery proceedings in complex unfair competition litigation.
• Represented numerous parties in domestic relations matters, including divorce, child custody and equitable distribution litigation.
• Defended and prosecuted cases involving non-solicitation and non-competition covenants.
• Represented a hospital and nursing home against an insurance agency, a plan administrator and Trustees of a Workers Compensation Trust after the Trust became insolvent.

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Case History

• Deloitte & Touche LLP v. Chiampou
• Department of Taxation and Finance of New York v. Milhem Attea & Bros., Inc. et al
• Poodry v. Tonawanda Band of Seneca Indians et al
• Lazar v. Robinson Knife Manufacturing Co., Inc.; Lazar v. Greenburger, et al
• Seneca v. Seneca
• Pelc v. Berg
• State of New York Workers’ Compensation Board v. The Hamilton Wharton Group, Inc. et al
• Inter­-Community Memorial Hospital of Newfane, Inc. et al v. The Hamilton Wharton Group, Inc. et al
• Fidelity National Title Insurance Company v. Altshuler Shaham Provident Funds Ltd.
• Estate of Dolloff, Surrogate’s Court, Erie County
• Piggly Wiggly Carolina Co., Inc. v. Dennis Frank Sr. and Synergy Energy Holdings LLC, Supreme Court Erie County.
• John W. Buyers, Jr., et al v. The United States Life Insurance Company in the City of New York et al
• Advanced Safety Systems N.Y., Inc. v. Manufacturers and Traders Trust Company
• Envirogas Inc. v. Walker Energy Partners
• People of the State of New York v. Anderson; Tuscarora Warriors Bingo Commission v. Clause, et al
• Holbrook v. National Fuel Gas Distribution Corporation, et al
• City of Buffalo v. New York State Department of Environmental Conservation; In the Matter of Buffalo Olmstead Parks Conservancy, Inc., et al v. Buffalo and Fort Erie Public Bridge Authority, et al
• Burgio and Campofelice, Inc. v. New York State Department of Labor, et al
• National Fuel Gas Distribution Corporation v. City of Jamestown, et al