We believe our record speaks for itself.
Five of our attorneys have been recognized as Superlawyers. Three of our partners have been named to the National Trial Lawyers’ elite list of Top 100 Trial Lawyers in New York. Name partner Priya Chaudhry has been recognized by Chambers US as a Recognized Practitioner in the New York Litigation: White-Collar Table. Our attorneys include former federal and state defenders and prosecutors; have worked for pre-eminent plaintiff and defense firms; and have, collectively, tried over 200 cases to jury verdict.
We represent our clients in civil jury trials and arbitrations, and all manner of criminal and regulatory investigations and cases. Our regular opponents are top nationally-recognized law firms, federal and state prosecutors, and regulators from federal and state agencies. We have won tens of millions of dollars in jury verdicts and arbitration awards, plus millions more in settlements. In white-collar criminal, traditional criminal, and regulatory cases, we have persuaded prosecutors and regulators not to bring charges, won trial victories and negotiated non-custodial pleas and outstanding settlements. Our results include:
CIVIL TRIALS AND ARBITRATIONS
Representations of Plaintiffs:
$20.5 Million Jury Verdict for Plaintiff; $21.8 Million on Retrial
Won a $14.6 million jury verdict plus $5.9 million in interest after a jury trial, on a claim that The Learning Annex was improperly cut out of a business deal. On post-trial motions, the trial court upheld liability and ordered a retrial on damages. For the retrial, the defendant retained one of the nation’s most prominent trial defense firms. On retrial, we won a larger jury verdict of $15.8 million plus $6 million in interest. (Learning Annex v. Rich Global, SDNY, 2012, Case No. 09-CV-4432)
$61 Million FINRA Award For a Hedge Fund
Won a $61 million award for a hedge fund, Aurum STS Aggressive Trading LLC, against Societe Generale in a FINRA arbitration involving settlement of a derivative transaction. This award was the sixth largest securities arbitration award ever awarded to a plaintiff according to Securities Arbitration Commentator. (FINRA San Francisco, 2011, Case No. 09-03598)
$6.2 Million AAA Arbitration Award For Investors in A Hedge Fund
Won a $6.2 million arbitration award for an investor group in an AAA arbitration against a hedge fund and its general partner relating to the refusal to return investor money and self-dealing. (AAA, 2013, Case No. 13 512 M 001118 12; Motion to Confirm Granted, NY County Supreme Ct., Case No. 654301/2012)
$550,000 FINRA Award for Unpaid Compensation
Won a $550,000 FINRA arbitration award for an investment banker for unpaid bonus compensation. (FINRA New York, 2012, Case No. 10-01101)
Representations of Defendants:
Dismissal of All Claims Against Privacy Service
Dismissal of all claims against privacy service under the Communications Decency Act. We secured a complete dismissal of defamation and other claims against a domain name privacy service in what is believed to be the first time a court has held that privacy services are immune from state law claims under the Communications Decency Act. (Doe v. Perfect Privacy, LLC, Mich. 7th Cir., 2017, Case No. 17-108537-CZ)
Defense Verdict and Attorneys Fee Award in TCPA Case
Verdict and award of fees in TCPA case. We obtained a complete defense verdict in a case claiming multiple violations of a state Telephone Communications Privacy Act, and the Court awarded our client all of its attorneys’ fees from the plaintiff. (Stapleton v. Web.com Group, Inc., Prince Wm., Virginia Cir., 2017, Case No. GV16-18033)
Voluntary Dismissal Conditioned on Plaintiff’s Payment of Defendant’s Attorneys’ Fees
Plaintiff abandoned case before summary judgment. In a case we defended, after discovery, immediately before summary judgment motions were to be filed, the plaintiff abandoned its case against our client, and sought to voluntarily dismiss the case. On our request, the Court dismissed the case, but conditioned dismissal upon the plaintiff paying our client’s fees in the event it refiles the case. (John Beal, Inc. v. Roofpros, Inc., ED Mo., 2017, Case No. 16-CV-1151)
Dismissal of Case During Trial and Award of Attorneys’ Fees
Dismissal of case during trial and award of attorneys’ fees. After several days of a jury trial in which we represented the primary defendant, the plaintiff abandoned its case, and the court awarded our client all of his attorneys’ fees incurred in the case. (Alexandria Capital, LLC v. Byman, Fairfax, Virginia Cir., 2016, Case No. CL2015-8672)
Dismissal of Employment Discrimination Claims on Motion To Dismiss
Dismissal of all claims in employment case alleging discrimination on the basis of race and gender on motion to dismiss. (Guy v. Consolidated Edison of New York, Inc., SDNY, 15-cv-9044 (GBD)).
CRIMINAL AND REGULATORY
Criminal Charges Dismissed by Prosecution Prior to Trial
The best result is one where we help our clients avoid threatened charges entirely. We have represented numerous clients in criminal and civil investigations in which charges were dismissed by the prosecution prior to trial due to our advocacy.
In June 2017, prior to indictment, New York County District Attorney’s Office declined to pursue investigation against our client for tax fraud charges arising from allegedly unreported income following our presentation to senior officials in that office.
In May 2017, on the eve of trial, the New York County District Attorney’s Office dismissed stalking charges against our client following our presentation to senior officials in that office.
In March 2017, following the completion of a program by the client, the New York County District Attorney’s Office dismissed all charges against client arising from felony possession of a controlled substance and forgery of prescriptions, based on our pre-pleading submission explaining defendant’s complete rehabilitation.
In June 2016, after filing a federal criminal complaint for money laundering and tax evasion, the United States Attorney’s Office for the District of Massachusetts dismissed all charges against our client following our presentation to senior officials in that office, IRS agents, and Department of Justice prosecutors.
Dismissal of All Criminal Charges Following Suppression Motion
Won a motion to suppress evidence the US Attorney’s Office had obtained from the unconstitutional search of the defendant’s computer. The government had claimed that search of client’s laptop was authorized as it was seized “at the border”. We argued that because the search itself was conducted at a facility 150 miles away from the border, it was invalid. The court agreed and suppressed the evidence. The government dismissed the case and did not appeal. (US v. Kim, District of D.C., Case No. 13-cr-00100)
Complete Defense Victory: Jury Verdict on All But 6 SEC Charges With Vindication on Appeal as to Remaining 6 Charges
Won a defense verdict on all fraud charges brought by the SEC against a former investment advisor for a national brokerage firm, following a month-long federal jury trial. Our client was also found not liable on 54 out of 60 allegations of negligence. The remaining 6 allegations of negligence were later dismissed on appeal. The allegations concerned market timing of mutual funds. (SEC v. O’Meally, SDNY, 2011, Case No. 06-CV-6483) (SEC v. O’Meally, Second Circuit, 2014, Case No. 13-1116).
Partial Acquittal in Jury Verdict on Fraud Charges
Won acquittal verdict on charges brought by the United States Attorney’s Office for the Southern District of New York against a former corporate lawyer, following several weeks of federal jury trial. Our client was found not guilty of identity theft and conspiracy charges, but was convicted of a single count of wire fraud. The allegations concerned fraud in connection with the attempted acquisition of Maxim Magazine. (US v. Newkirk, SDNY 2015, Case No.15-cr-534(JSR)).
Acquittal of Murder
Our client was charged with murder in the second degree and, following a four-week jury trial, we won an acquittal of the top charge. He was convicted of the lesser offenses. (NY County Supreme Court, Summer 2007)*
No Jail After Plea
When the goal is negotiating a favorable plea and achieving a favorable sentence, our track record is excellent, including:
- negotiation of a favorable plea to a single misdemeanor and community service for a lawyer charged in a criminal usury case (New York County Supreme Court, Winter 2015)
- defendant sentenced to two years probation on false statement count in case in which government sought four years prison term (Eastern District of Virginia, Spring 2015)
- negotiation of a favorable plea, and a sentence of probation in a federal bribery conspiracy case (Southern District of New York, Spring 2013)
- plea to a lesser offense, and probationary sentence for a client accused of international money laundering(Southern District of New York, Spring 2013)
- non-custodial sentence for a broker dealer who pleaded guilty to a $20 million securities fraud (Southern District of New York, Winter 2012)*
- non-custodial sentence for a client who pleaded guilty to operating a hawala (money transmitting) business (Southern District of New York, 2012)*
CLASS ACTION LITIGATION
Multi-million Dollar Settlement For Plaintiffs In Class Action Against Auditor
We were named as one of the firms serving as class counsel to plaintiffs in a class action against the auditor for a failed hedge fund. Plaintiffs ultimately recovered millions of dollars pursuant to settlement. (Duncan Living Trust, et al. v. O’Connor Davies Munns & Dobbins, LLP, California Superior Court, County of Los Angeles, Case No. BC494236).
Summary Judgment for Plaintiffs In Civil Rights Action Against City of New York
We obtained summary judgment for several named plaintiffs in a case alleging violations of the Fourth Amendment by the City of New York in connection with the City’s practice of seizing vehicles to ensure payment of civil fines for certain violations of the City Administrative Code. The City ceased the practice after summary judgment was awarded. Motion for class certification is pending. (Harrell v. City of New York, SDNY 2014, Case No. 14-cv-7246).