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Litigation |
Kaplan & Levenson P.C. engages in a broad-based commercial and business litigation practice before federal and state courts, administrative tribunals, arbitration panels, and private mediation forums both in New York and across the United States. By way of illustration, described below and arranged by subject matter is a representative sample of cases in which our partners have served as lead counsel:
Representing the estate of a renowned philanthropist who donated ten million dollars to establish a world-famous alcoholism treatment center. The action sought to terminate the donee as trustee of the endowment fund created by the gift, on grounds of breach of the gift agreement, breach of fiduciary duty, and fraud. Result: Obtained a landmark reversal in the Appellate Division, First Department expressly recognizing the right of the estate of a charitable donor to enforce the terms of the donor’s gift.
Representing the sellers of a privately held technology company against a public company and its “Big 4” auditors in a securities fraud, negligence and RICO case. Result: obtained favorable settlement against public company and its officers. Case pending against the auditors as of this writing.
Representing a publicly held cigar manufacturing and importing company as a defendant in a federal action alleging breach of an exclusive placement agency agreement entered into in connection with a six million dollar private placement of stock. Result: a jury verdict dismissing the complaint and finding for our client on its breach of contract counterclaim.
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to Top Representing a leading designer and marketer of high-end quilts in multiple copyright infringement actions against manufacturers, importers and retailers of cheap imitations of the plaintiffs' products.
Representing a major marketer of soft drinks in federal trademark infringement litigation in Portland, Maine against a museum that marketed a competing soft drink under a similar trademark. Result: a permanent injunction obtained on behalf of the plaintiff after trial.
Representing a major record label in a copyright infringement action relating to copyrights in music created outside of the United States before enactment of the Federal Copyright Act. Result: After argument in the Second Circuit and New York State Court of Appeals, obtained landmark reversal of District Court’s dismissal of case which held that New York common law rights in musical performances remain in tact forever in New York.
Representing an importer of Chinese-made multiple blade pocket knives which was sued under the Lanham Act for "false designation of origin" for calling its Chinese imports "Swiss Army Knives". The plaintiff was an importer of Swiss-made "Swiss Army Knives". Result: a decision by the U.S. Court of Appeals that the term "Swiss Army Knife" can be used in connection with knives manufactured in countries other than Switzerland if the country of origin is adequately disclosed.
Representing the plaintiff in a multimillion dollar trade secret theft case under RICO and state law, alleging that the plaintiff's former employees misappropriated and used confidential formulas and customer information to set themselves up in competition with the plaintiff. Result: Obtained multi-million dollar jury verdict.
Representing the owner of multiple formulas for a new drug delivery system against a former contract manufacturer for misappropriation of trade secrets, breach of contract and related claims. Result: Obtained temporary restraining order and favorable settlement following preliminary injunction hearing.
Representing
one of the world's best-selling authors in a federal action alleging
misattribution of authorship credit in connection with a major motion picture.
Result: a preliminary injunction entered by the U.S. District Court, followed by
a settlement which included a $2.5 million payment to the author and a consent
injunction, followed by a successful contempt proceeding against the defendant
for violation of the settlement terms.
Representing a defense contractor in the aerospace and aeronautics industry as a defendant in a suit seeking to impose "successor liability" for a $20 million environmental clean-up under federal and New Jersey state law. Result: Case dismissed against our client with prejudice.
Representing a well-known New York real estate developer in litigation involving interpretation of environmental laws and a restrictive covenant. Result: a preliminary injunction in favor of our client was obtained in the New York State appellate court, after which the case settled favorably.
Representing a New York based real estate developer against its New York City neighbor to recover damages for negligence, trespass and other claims in connection with the defendants’ façade renovation project, encroachment over the property line and related claims. Result: Obtained favorable settlement just before commencement of trial.
Representing a group of ten owner/operators of multiple dwellings in litigation against a Long Island village alleging violations of the federal Civil Rights and Fair Housing Acts by the village in an attempt to convert plaintiffs' properties to single family uses. Result: Obtained favorable settlement.
Representing a fixed base operator at East Hampton Airport in a federal civil rights action alleging unlawful discrimination by the Town of East Hampton in allocating airport facilities and awarding a valuable lease to the plaintiff's politically powerful competitor. Result: Obtained favorable settlement.
Representing a property developer in federal civil rights litigation against the Town of Islip alleging due process and equal protection violations based on the Town's denial of various permits and variances (a) so as to prevent the plaintiff from renting to members of minority groups, and (b) in retaliation for the plaintiff's active support of a political agenda opposed by the Town government. Case pending as of this writing.
Representing a $7 million judgment debtor in myriad related proceedings seeking
to enforce the judgment against domestic and overseas assets including three New
York Stock Exchange seats. Result: a settlement for less than half of the amount
due on the judgment and preservation of most of our clients' assets including
several parcels of real property, various brokerage accounts and a seat on the
Exchange.
Representing large equipment leasing companies, banks and
other lenders in a variety of lease enforcement, loan collection and
bankruptcy-related matters.
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