Litigation and Arbitration

We don’t just prepare cases for trial or arbitration hearings we try cases. . . .

We don’t just prepare cases for trial or arbitration hearings we try cases.  It is true that most commercial disputes settle prior to trial.  Regardless, we believe, that the way to obtain the best results for our clients is to prepare each case as if it will be tried.  Our substantial trial experience, before courts and arbitrators throughout the United States, has taught us that tenacious attention to detail, strategic motion practice, and exhaustive knowledge of each matter brings the best results.

While many of our matters are confidential, the following decisions represent examples of cases of note in which we have been involved:

Akabas & Cohen v. Fox Rothschild, LLP, 2011 NY Slip Op. 600861 (Sup. Ct. New York County 2011) (dismissing claims by one law firm against another for attorneys’ fees allegedly earned by former partner).

Cohen v. Akabas & Cohen, 2010 NY Slip Op 08993 (1st Dept’ 2010)(confirming the methodology concerning valuation and award of departing partner’s interest in his former firm, partner’s right to obtain a money judgment as a result of their accounting of an interest in a law firm).

Madison Liquidity Invs. v. Griffith, 57 A.D.3d 438 (1st Dep’t 2008) (affirming the dismissal of complaint against assignor of claim in bankruptcy and grant of summary judgment in favor of assignor for share of distributions and award attorneys’ fees).

GFI Securities, LLC v. Tradition Asiel Sec. Inc., 2008 Slip Op. 52041 (New York County Supreme Court 2008) (denying preliminary injunction to enforce restrictive covenants against credit derivative brokers who left employment for new employment with an alleged competitor).

In Re Application of Armienti v. Brooks, 309 A.D.2d 659, 767 N.Y.S.2d 2 (1st Dep’t 2003) (reversing appointment of receiver in dissolution of a law firm organized as Professional Corporation).

Seiden v. Gogick, Seiden, Byrne & O’Neil, 278 A.D.2d 302, 718 N.Y.S.2d 188 (2d Dep’t 2000) (affirming the requirement of law firm to post an undertaking to secure former partner’s right to an accounting).

Dawson v. White & Case, 88 N.Y.2d 666, 672 N.E.2d 589, 649 N.Y.S.2d 364 (1996) (permitting law firm partners to receive value of law firm good will in accounting proceedings).

Loper v. New York City Police Department, 766 F. Supp 1280 (S.D.N.Y. 1991) (citing M Ciampi, A Buberian Approach to Constitutional Analysis: So That We May Be Able to Face Our Poorer Brethren Eye to Eye, 65 St. John’s L. Rev. 325 (1991)).

Bruce v. Martin, 702 F. Supp. 66 (S.D.N.Y 1988) (dismissing RICO claim against limited partnerships).

Seaview Association of Fire Island, NY v.  Williams, 69 N.Y.2d 987, 510 N.E.2d 793, 517 N.Y.S.2d 709 (1987) (establishing rights of homeowners’ association to collect homeowners’ assessments).