Trials & Appeals
- Zwiebach v. Vogel, New York State Supreme Court, New York County. In this case I
represented the majority partner of a small law firm who had been sued for
negligent oversight of the firm’s escrow account. The suit arose out
of another partner’s misappropriation of escrowed funds, a misappropriation the
victims claimed my client should have “thwarted”. After a
month-long trial, and just as the jury was to begin deliberation, the case
settled on terms favorable to my client.
- Warner Bros. Entertainment Inc and J.K.Rowling v. RDR Books, Federal Court in Manhattan. I served as trial counsel for RDR Books, in an action by Warner Bros. and Ms. Rowling in the United States District Court for the Southern District of New York.
- Callahan v. Emeritus Capital Parnters, LLC, AAA Arbitration. Represented Respondents in Securities Fraud Arbitration. Defense completely successful: all claims were dismissed.
- Ehrlich v. UBS PaineWebber, Inc., NASD Dispute Resolution. Pending arbitration brought by investor against brokerage firm for losses arising.
- Keystone Corporation v. AMNEX, Inc., American Arbitration Association. Defense counsel to telecommunications company in arbitration involving accounting issues, merger law and billing methods for long-distance telephone calls
- The SoftAd Group, Inc. v Lintas, Inc., New York State Supreme Court. Plaintiff’s counsel in breach of contract action by software designer against major advertising agency. Verdict for plaintiff, jury granting more damages than requested.
- People v. Halper, New York State Supreme Court, New York County. My client was the chief financial officer of a large construction company, which allegedly defrauded its clients of millions of dollars.The grandjury returned an indictment charging my client withenterprise corruption, fraud and money laundering. After a trial of nearly four months the jury acquitted my client on all charges.
- People v. Israel, New York State Supreme Court. Defense counsel in murder case pending in Manhattan Supreme Court, involving defense of post-traumatic stress disorder
- People v. Mayer, New York State Supreme Court. Successful Defense of client accused of armed robbery.
- People v. Melvin Grant, New York State Supreme Court. Defense counsel in murder for hire case. Obtained an acquittal in spite of three alleged eye-witnesses, and an alleged confession.
- People v. Allen Wiggins, New York State Supreme Court. Defense counsel for accused in murder for hire case.
- People v. Jun Hua Yang, New York State Supreme Court. Defense counsel for accused Asian gang-member. Even though defendant absconded in mid-trial, jury acquitted him of major charges.
- United States v. Dr. Irving Greenfarb, U.S. District Court, S.D.N.Y. Prosecuted and convicted four doctors for distributing Quaaludes through “sleep clinics”.
- United States v. Leopold Frade, U.S. District Court S.D. Florida. Prosecuted and convicted three of four defendants for Trading With The Enemy.
- United States v. Zaman, United States Court of Appeals for the 1st Circuit (appeal pending). Arguing that the District Court employed the wrong test for determining if the defendant engaged in “sophisticated” money laundering.
- United States v. Bari, United States Court of Appeals for the 2nd Circuit (reported at 599 F.2d 176 (2d Cir. 2010). Arguing that the trial judge committed reversible error by conducting his own internet investigation, without notice to the parties, of a central issue in the case.
- King v. Fox, United States Court of Appeals for the 2nd Circuit (reported at 418 F.3d 121 (2dCir. 2005) and King v. Fox, New York State Court of Appeals (reported at 7 N.Y.3d 181 (2006). On the brief in appeal addressing important issues concerning attorney-client relations under New York State law.
- Rotterdam Ventures, Inc. v. Ernst & Young, LLP, New York State Supreme Court, Appellate Division, 3rd Department) (reported at 752 N.Y.S.2d 746). Appeal for plaintiffs in accounting malpractice case, involving issues in the law of negligence and fraud.
- Merzon v. Lefkowitz, (pending in the New York State Appellate Division, 1st Department). Appeal for Plaintiffs in a real estate transaction, involving issues of breach of contract, fraud in the inducement and breach of fiduciary duty.
- People v. Juan Garcia (pending in the United States Court of Appeals for the 2nd Circuit) Defendant’s appeal from a conviction for illegal reentry to the United States following commission of an aggravated felony. Addresses the meaning of “aggravated felony” under the deportation laws.
- People v. Rosario (pending in the New York State Appellate Division, 1st Department). Appeal from two convictions for murder, the first involving issues of self-defense, the second, issues involving the government’s “Brady” obligations.
- People v. Evans, New York State Supreme Court, Appellate Division, 1st Department (reported at 693 N.Y.S.2d 593). Appeal from a conviction for drug dealing, involving issues of inconsistent verdicts, the meaning of probable cause.
- United States v. Ventura, United States Court of Appeals for the Second Circuit (reported at 146 F.3d 91). Appeal from a conviction for drug dealing, involving questions of a sentencing court’s discretion to depart from the United States Sentencing Guidelines.
- United States v. Morelli, United States Court of Appeals for the Third Circuit (reported at 54 F.3d 770). Appeal from a civil forfeiture order, involving questions including the right to a hearing before such an order is issued.