Larry’s Selected Engagements
Set forth below is a representative sampling of my publicly disclosed litigation experience:
General and Commercial Litigation
Co-counsel in California state court litigation concerning LLC membership dispute
Represented high-profile New York City event space company and principal in LLC ownership dispute, obtaining settlement after pre-trial motion practice and discovery
Obtained summary judgment exceeding $2 million on behalf of leading diamond wholesaler in litigation against consignee and insurer to recover value of lost diamonds; successfully obtained pre-judgment attachment
Successfully briefed and argued New York Appellate Division, First Department appeal concerning real estate development rights. 2626 Bway LLC v. Broadway Metro Associates, LP, 85 A.D.3d 456 (1st Dep’t 2011)
Empire v. Timeplex: successful four-week trial defending Timeplex in complex contractual dispute relating to sale of classified defense equipment to Israeli government
Tesoro Petroleum Corp. v. Coastal: obtained plaintiff’s jury verdict in three-week trial relating to tanker sale of gasoline
Represented U.S. chemical company in dispute concerning agreement to supply food ingredient at required volumes
Represented Japanese company in dispute concerning termination of exclusive distribution agreement
Represented Canadian distributor in dispute concerning assumption of United States distribution rights
Employment/Anti-Discrimination Litigation, Mediation and Counseling
Lead trial counsel representing individual in federal, state and N.Y.C. gender, age and national origin discrimination case and Equal Pay Act claim. Matter resolved on eve of trial after successful defense against summary judgment and success on multiple pre-trial motions in limine
Successfully represented film production company in federal FLSA litigation
Successfully obtained Rule 12(b)(6) dismissal of ERISA claims—Gabelman v. Vandegrift, Inc., No. 11–CV–2718, 2012 WL 1004872 (E.D.N.Y. March 23, 2012)
Regularly represent clients in connection with EEOC and NYSHR Division proceedings and investigations, and prepare charges, responses and replies in connection with same, as well as litigation of such claims in federal district court
Regularly represent employers and individual clients in numerous successful EEOC and private mediations
Litigate and negotiate broad range of discrimination and harassment, ADA and FLSA claims on behalf of employees and employers
On behalf of employers, conduct internal investigations of alleged improprieties, including sexual discrimination claims
Regularly counsel individuals and companies in connection with employment agreements, terminations and severance
Regularly counsel clients on restrictive covenants attendant to both employment and sale of businesses, including drafting and responding to cease and desist letters relating to alleged violation of non-compete obligations
Represented Big Four accounting firm in litigation seeking to enforce restriction against non-competition arising from firm’s sale of major professional consulting practice
Conducted client seminar on scope and enforcement of employee non-compete restrictions
Counsel clients on FLSA, independent contractor, wage and hour, and unemployment insurance issues, including proceedings before DOL
Conducted client seminar on employee classification; presented seminar to CFO clients of accounting firm
Review, draft and update employee manuals and policies
Intellectual Property Litigation and Counseling
Copyright, Trademark, Unfair Competition and Trade Secrets
Romag v. Fossil and Macy’s, et al.—trial and appellate defense of federal and state trademark and unfair competition, Connecticut Unfair Trade Practices and patent claims against retailers in action seeking $60 million in trademark profits
U.S. Supreme Court: Drafted Respondents’ Brief in Opposition and appeared as counsel at oral argument before United States Supreme Court
U.S. Supreme Court: Drafted two briefs in opposition to petitions for certiorari seeking review of (1) adjustment of patent damages based on laches; and (2) denial of trademark award of defendant’s profits
U.S. Court of Appeals for the Federal Circuit: Drafted briefs and argued successful appeal winning reversal of an award of attorneys’ fees under the Patent Act and Lanham Act. Romag Fasteners, Inc. v. Fossil, Inc., 866 F.3d 1330 (Fed. Cir. 2017)
On remand on attorneys’ fees, successfully briefed and argued position that Plaintiff was not entitled to attorneys’ fees under Patent Act or Lanham Act. Romag Fasteners, Inc. v. Fossil, Inc., Civil No. 3:10cv1827 (JBA), 2018 WL 3918185 (D. Conn. August 16, 2018)
U.S. Court of Appeals for the Federal Circuit: Drafted briefs in appeal on denial of trademark profits. Romag Fasteners, Inc. v. Fossil, Inc., 817 F.3d 782 (Fed. Cir. 2016)
U.S. District Court, District of Connecticut: Drafted all documents submitted to the District Court in connection with pre-trial, trial and post-trial proceedings. Additional reported decisions: 2014 WL 7003896 (D. Conn. Dec. 10, 2014); 2016 WL 1192648 (D. Conn. March 28, 2016); 2014 WL 1246554 (D. Conn. March 24, 2014); 2014 WL 3895905 (D. Conn. Aug. 8, 2014); 29 F. Supp. 3d 85 (D. Conn. 2014)
Currently represent architecture firm in connection with federal copyright litigation
Successfully represented film production company in federal copyright litigation regarding online photographs
Overton v. Vandegrift, et al, N.Y. Co. Supreme – in trade secrets litigation, successfully defeated TRO request and defeated claim of violation of NDA and employee non-competition provisions
Successfully represented Fortune 500 financial software and information technology services firm in federal copyright litigation, and contempt proceedings to enforce non-compete and confidentiality restrictions
Successfully defended The Walt Disney Company against copyright infringement claim relating to Pirates of the Caribbean film franchise
Represented importer in defense of claim of trademark infringement brought by consumer goods manufacturer
Successfully represented international software company in copyright and licensing dispute against bank holding company
Counsel to film producers in dispute with co-producers concerning copyright ownership
Regularly counsel clients, including television and film production companies, on IP issues, including scope of protected rights and enforcement and defense of IP claims
Lead trial counsel in jury trial regarding Super Bowl promotion, including theft of trade secrets and corporate opportunities
Patents
Represented leading technology company in patent litigations regarding wireless local area network, bar code reading and radio frequency identification technologies in Eastern District of Texas and District of Delaware
Key trial team member in successful, landmark three-week trial (Ethicon v. U.S.S.C.) to add unnamed co-inventor as an inventor of patent covering surgical safety trocar. Potential damages exceeded one billion dollars. Ethicon, Inc. v. United States Surgical Corporation, 135 F.3d 1456 (Fed. Cir. 1998); 954 F. Supp. 51 (D. Conn. 1997); 937 F. Supp. 1015 (D. Conn. 1996)
Trial counsel to U.S.S.C. in a complex patent infringement jury trial in E.D. Va. “rocket docket.” Applied Medical Resources Corp. v. United States Surgical Corp., 967 F. Supp. 867 (E.D. Va. 1997); 967 F. Supp. 861 (E.D. Va. 1997)
Counsel to financial services firm in patent litigation involving copying of trading software by former employee
Represented manufacturer of fiber optic gyroscope against claims of patent infringement
Entertainment and Sports
Litigation counsel to film production company in connection with federal claims of breach of film finance shopping agreement
Bouchard v. SMV: Successfully obtained dismissal of complaint alleging fraud in film financing private placement
Conducted factual investigation and legal analysis of claim of violation of life rights agreement on behalf of international film production company; drafted cease and desist correspondence; and prepared federal complaint
Represented film production company in obtaining payment for documentary film production services
Represented secured party in litigation concerning royalties under securitization agreement with estate of Curtis Lee Mayfield
Represented producers of feature film Crooked Arrows against claim for broker fee
Successfully compelled the Miss Universe Organization to allow national pageant winner to compete in international pageant
Successfully represented female student-baseball player in Title IX gender discrimination challenge to New York-based school district’s discriminatory policies
Obtained dismissal of defamation claims against Disney relating to popular television sitcom
Regularly advise entertainment clients on enforcement of IP rights, as well as responses to challenges to exercise of those rights, including drafting of C&D letters and responses.
Directors and Officers/Shareholders
Represented Chinese industrial company in federal securities and shareholder litigations; obtained dismissal of derivative litigation, affirmed in part and reversed in part by Second Circuit. Acticon AG v. China North East Petroleum Holdings Limited, 2 F.3d 34 (2d Cir. 2012); 692 F.3d 34 (2d Cir. 2012)
Defended large mall developer/REIT against shareholder class action alleging fraud and federal securities law violations
Won summary judgment dismissing claims against representatives of private equity firm who served as directors of bankrupt portfolio company
Successfully represented private equity firm in shareholder litigation brought to enjoin its purchase of entertainment company
Professional Liability
Represented Big Four accounting firm in suit claiming audit work failed to comply with applicable professional standards
Successfully defended investment bank in connection with acquisition advice
Child Custody and Post-Divorce Enforcement
Litigated child support issues and negotiated favorable settlement that creatively eliminated area of dispute
Successfully litigated child custody issues, including multiple motions and examination of witnesses at hearing; secured full legal and physical custody of two minor children
Bankruptcy
Defended private equity firm against fraudulent transfer claims. Official Committee of the Unsecured Creditors of Color Tile, Inc. v. Investcorp S.A., 80 F. Supp. 2d 129 (S.D.N.Y. 2001), 137 F. Supp. 2d 502 (S.D.N.Y. 2001); 1999 WL 754015 97 CIV. 9261 (S.D.N.Y. 2001)
Represented Pacific Gas and Electric Company in seeking approval of Plan of Reorganization, including related hearings before FERC and NRC
Represented leading “factor” against claims brought by national clothing retailer
General Corporate
Counsel to Clark, New Jersey-based Vandegrift Forwarding Company, Inc. in its sale to Danish shipper A.P. Moeller-Maersk A/S. Negotiated the Purchase and Sale Agreement and related documents, including IP and employment related agreements and oversaw the transaction
Regularly counsel companies in connection with corporate business formation, governance and transactions
Pro Bono
Successfully represented female student-baseball player in Title IX gender discrimination challenge to New York-based school district’s discriminatory policies
With the Brennan Center, defended constitutional challenges to landmark Connecticut campaign finance reforms
Counsel for Congolese woman granted political asylum based on summary arrest and torture, and seeking derivative asylum for children
Prosecuted appeal of adverse determination of N.Y.S. Division of Human Rights on discrimination claim of building custodian
NYU Marden Moot Court Competition: Regularly serve as moot court judge