New York Civil Litigation Attorney
I have represented clients in business disputes involving breach of contract, business valuations, partnership agreements, anti-trust, and restrictive covenants in employment agreements.
I have represented many investors against brokerage firms, usually before FINRA arbitrators. (Most cases are required to be arbitrated). I am also lead counsel, representing the lead plaintiffs, in the class action of Levitt v. Bear Stearns. In June, 2010, the district court certified this class action and, in doing so, found that Bear Stearns had "participated" in a fraudulent scheme along with its introducing broker, Sterling Foster.
I have collected large judgments, by successfully piercing the corporate veil and tracing assets into other companies. See article: "Recovery When the Brokerage Goes Out of Business." My strong background in accounting is particularly useful in this area.
I frequently represent parties before arbitration panels at FINRA and the American Arbitration Association (AAA). I am also an arbitrator on the Commercial Panel of the AAA and at FINRA. My articles, "The Use of Subpoenas in Arbitration" and "Organizing Documents for Arbitration," were reprinted in the "Handbook on Arbitration Practice" published by the AAA, 2010.
I was counsel in an early leading case involving a whistleblower in the securities industry (Mulder v. Donaldson, Lufkin & Jenrette). Under the recent Dodd Frank Act, whistleblowers are likely to become more important in helping to regulate the industry because they can be entitled to substantial rewards for reporting wrongdoing to the SEC. See article: "Awards and Protection for Whistleblowers under the Dodd-Frank Act."
Levitt v. Bear Stearns, 340 F. 3d 94 (2nd Cir. 2003). Upheld class action against Bear Stearns for participating as a clearing firm in a fraudulent scheme with Sterling Foster, a now defunct brokerage firm. Later I was appointed lead counsel and in June, 2010, the district court granted class certification, finding that Bear Stearns had "participated" in the fraudulent scheme.
JP Morgan Securities. Arbitration in which I recovered $1.4 million on behalf of an investor for making unsuitable recommendations.
Mulder v. Donaldson Lufkin & Jenrette, 208 A.D. 2d 301 (1st Dept. 1993) upholding right of whistleblower in securities industry to recover damages for wrongful termination based on promises made in the employer's handbook.
Frame v. Maynard, Supreme Court New York County, 2008. Obtained judgment for approximately $600,000 for breach of partnership agreement.
George Haug Co. v. Rolls Royce Motor Co., 148 F. 3d 136 (2nd Cir. 1998). Represented plaintiff where the court upheld an anti-trust claim under the Robinson-Patman Act.
Fulfillment Solutions Advantage, Inc. v. Novis, New York Supreme Court, Nassau County, 2004. Obtained judgment piercing the corporate veil and imposing liability on the individual owner of the corporation for over $500,000.
Keilly v. Laidlaw & Co. (UK), Action in U.S. District Court to recover on judgment against defunct brokerage which had transferred its assets to another firm.
City Bar Association of New York
Public Investors Arbitration Bar Association (PIABA)
- Harvard Law School
- Assistant Chief Counsel, New York State Commission of Investigation
- Deputy Assistant in office of New York State Attorney General for Health & Social Services
- Former Adjunct Professor of Law, St. Johns Law School, teaching NY Civil Practice
- Admitted to US Supreme Court, Federal 2nd Circuit Court of Appeals, Federal District Court - Southern and Eastern District of New York, and New York State Court
- Private practice since 1981