Trial and Litigation Practice

Ellenoff Grossman & Schole LLP has a well established record of success before New York State and Federal trial and appellate courts, as well as administrative agencies and arbitration/mediation forums, including the American Arbitration Association and other alternative dispute resolution settings. Our commercial litigators believe in a common sense approach to litigation – investigating the pertinent facts, knowing the law, always being prepared and taking the time to understand each client’s goals and objectives. Through skillful communication and through powerful advocacy, the Firm’s litigators apply their legal experience in a highly cost-efficient manner, combining zealous and intelligent advocacy of the client’s interests with an equal emphasis on integrity and ethics.

The Firm’s litigation experience is extremely broad, including sophisticated corporate and securities-related litigation, contract and commercial disputes, real estate litigation, securities arbitrations, consumer credit and banking law, construction matters, employment law and executive compensation disputes, accounting and other professional malpractice matters as well as art and intellectual property litigation. Members of the Firm also have sub-specialties in defending securities enforcement actions and investigations.

The Firm is mindful of the fiscal and economic realities of protracted litigation and encourages its clients to explore all available avenues of cost effective dispute resolution before resorting to litigation; and then, only to commence litigation once a discernable and achievable goal has been determined. In those instances where such dispute resolution cannot be achieved, our experienced litigators are prepared to engage the full range of resources available to them in order to construct and aggressively pursue a litigation strategy most likely to achieve the desired outcome.

Our clients call upon our commercial litigation group with respect to corporate matters including complex contractual relationships and issues involving ownership and governance such as contests for corporate control and disputes among shareholders, partners and co-venturers. Our litigators take an active role in advising our clients and assisting our corporate practice group in examining litigation exposure and devising litigation strategies with respect to all business relationships and ventures.

Overview

We represent plaintiffs and defendants in state and federal courts across the country. Our clients include commercial and investment banks, hedge funds, broker dealers, investors, investment advisors, manufacturers, directors, officers, and senior executives. We aggressively protect our clients’ interests in all phases of a dispute. As experienced trial lawyers, we craft strategies from the beginning of each representation to prepare the case for trial. We nevertheless look to resolve matters before trial where possible and in the best interests of our clients and we are known for developing creative solutions to complex disputes.

Our practice includes federal and state securities litigation, insider trading matters, class action defense, allegations of fraud and misrepresentation, shareholder rights, corporate governance and board matters, bankruptcy litigation, breach of contract, breach of fiduciary duty, defamation, business torts, insurance, partnership disputes, employment disputes, and most other securities and commercial matters.  We have significant experience representing clients in litigation and arbitrations concerning options and derivatives.

Experience

• Trial counsel in a dispute over control of a $500 million company in Delaware Chancery Court
• Trial counsel for an energy company pursuing fraud claims arising out of its acquisition of an energy trading unit
• Trial counsel in an international arbitration involving fraud allegations in connection with a $1 billion hotel and casino project in the Bahamas
• Trial counsel in a copyright infringement case against a manufacturer of a robotic assembly line
• Trial counsel for a hedge fund in connection with a dispute involving an investment in two oil tankers
• Trial counsel for an online options trading broker in a FINRA arbitration involving allegations of fraud, negligence and breach of contract
• Representing joint official liquidators of a Cayman Island investment fund, including pursuing recoveries against the perpetrators of a fraudulent scheme, and participating in related bankruptcy proceedings
• Representing a boutique investment bank in a series of litigations arising out of alleged losses on Swap transactions resulting from the failure of Lehman Brothers
• Representing an issuer in a dispute with the company’s largest holder of preferred stock concerning whether the preferred stockholder had the right to redeem
• Trial counsel to the holders of Trust Preferred Securities in the Washington Mutual bankruptcy
• Representing directors of Sears subsidiaries in the Sears Bankruptcy
• Representing the “Step One” creditors in the Tribune bankruptcy with respect to securities and contractual issues
• Conflicts counsel representing the Debtor in the Revlon bankruptcy
• Representing an investor in connection with fraud claims against an investment bank arising out of a $700 million derivative product
• Defending clients in class action lawsuits and “multidistrict litigation” matters, including the Mutual Fund Market Timing MDL and the Municipal Derivatives MDL
• Defending a senior officer of Dow Chemical Company against allegations that he secretly planned a leveraged buyout of the company
• Representing an investment bank in connection with litigation arising out of a county government’s losses from trading derivative securities
• Representing a beer manufacturer in a dispute with its largest United States distributor regarding the right to distribute “Bass Ale” in the United States
• Trial counsel in a trade name and trademark infringement, unfair competition and misappropriation dispute, obtaining an injunction and restraint of the defendants’ competitive businesses;
• Trial counsel in a Delaware Chancery Court books and records case, which resulted in a ruling that a Delaware LLC had been used by the managing member as a vehicle to perpetrate fraud upon its members;
• Trial counsel in an international arbitration involving a contract dispute over franchise rights in the Middle East, which resulted in a dismissal of the claims against the client and a $48 million damage award on the client’s counterclaims;
• Trial counsel in an ad hoc international arbitration involving insurance coverage claims;
• Representing a Panamanian commercial bank in various proceedings, including Chapter 11 proceedings in New York and New Jersey, relating to an international forfaiting transaction;
• Representing joint official liquidators of a Cayman Island investment fund, including pursuing recoveries against the perpetrators of a fraudulent scheme, and participants in related bankruptcy proceedings;
• Representing 26 U.S. pension plans in a multi-district litigation brought by the Danish tax authority relating to tax refunds issued as a result of dividend arbitrage trading;
• Representing an AmLaw100 law firm against malpractice claims, which resulted in a nominal settlement;
• Representing an AmLaw200 law firm against malpractice, fraud and breach of fiduciary duty claims, obtaining a dismissal of the claims on summary judgment;
• Representing a parking garage and its owner in a foreclosure proceeding, which resulted in a restructuring of the mortgage and note on extremely favorable terms;
• Defending a hedge fund portfolio company and its directors in a multi-million dollar breach of contract action, which resulted in a nuisance settlement;
• Obtaining an unprecedented preliminary injunction restraining a leading investment bank from providing investment advisory services to a commercial bank that was seeking to acquire the client in a hostile tender offer;
• Representing a private placement agent in a breach of contract and fraud action, successfully obtaining the recovery of the finder’s fees owed to the client.

Overview

Ellenoff Grossman & Schole  represents companies and individuals in all phases of federal and state criminal proceedings and before numerous regulatory bodies. Our clients come from a variety of backgrounds, including the securities, banking, insurance, healthcare, construction and real estate industries. We bring credibility and experience to our dealings with regulatory and enforcement authorities, including the Securities & Exchange Commission, the Department of Justice, the New York Attorney General and the Financial Industry Regulatory Authority.

We work closely with our clients in every phase of our white collar and regulatory practice to ensure that our representation is tailored to our clients’ immediate needs as well as their larger business interests. We understand the unique challenges of parallel civil and regulatory or criminal matters and we craft strategies that suit the overall context of the case. We conduct internal investigations to identify and limit problems and improve our clients’ internal controls. While our principal objective is to prevent an enforcement action or criminal indictment, we forcefully defend our clients (whether at trial or through a negotiated settlement) if one is brought.

Experience

• Trial counsel for a chief executive officer in an SEC enforcement trial in the Central District of California.
• Trial counsel for a CEO in an SEC enforcement action in the Northern District of Ohio.
• Representing an individual in criminal and SEC investigations arising out of the collapse of Madoff securities, ultimately securing the dismissal of the SEC’s complaint.
• Representing the founder of a prominent mutual fund in the market timing investigation by the New York Attorney General.
• Representing a chief executive officer in a criminal investigation (and related class actions and private arbitrations).
• Representing a hedge fund in an SEC market manipulation investigation.
• Representing the executive chairman of a multinational company in a Foreign Corrupt Practices Act investigation conducted by the Department of Justice.
• Representing a chief executive in an oil and gas tax shelter investigation conducted by the U.S. Attorney’s Office in the Southern District of New York.
• Representing the managing partner of a hedge fund in investigations arising out of the collapse of Refco Securities.
• Representing an individual in an insider trading investigation conducted by the SEC.
• Representing a hedge fund in connection with the investigation into the bidding for a casino at Aqueduct.
• Representing an employee in a joint investigation conducted by the U.S. Attorney’s Office in the District of New Jersey and the United States Department of Health and Human Services Office of Inspector General concerning fraudulent billings to government healthcare programs; and
• Representing a prominent art gallery in a “use” tax investigation conducted by the District Attorney’s Office in Manhattan.

We frequently represent claimants and respondents in ad hoc and institutional arbitrations covering a wide variety of sophisticated disputes.  Our trial lawyers have conducted arbitrations and mediations under the auspices the Financial Industry Regulatory Authority, the American Arbitration Association, JAMS, and the Major League Baseball Players Association. We also have conducted arbitration in international forums, including the International Chamber of Commerce and the International Centre for Dispute Resolution.

We are experienced in all aspects of alternative dispute resolution, including obtaining court confirmation and judgments, obtaining evidence in the United States in connection with foreign arbitrations and proceedings, and securing injunctive relief in court in aid of foreign arbitrations.

The Firm represents private and institutional developers, property owners, REITS, asset managers, investors, cooperative corporations and condominium associations throughout the New York metropolitan area and in California in connection with a wide range of commercial real estate, lease and land use related litigation. We also have extensive experience representing national title insurance underwriters as well as agents, and landowners, in disputes and litigation involving title to and use of real property. The Firm also represents clients in land use issues involving local and state government and administrative agencies.

The Firm also represents clients in construction litigation involving developers, architects and engineers, owners, general contractors, subcontractors and construction managers in connection with breach of contract, design and construction defects, various non-payment claims, cost overruns, schedule inefficiency, delay, scope disputes, mechanic’s liens, default and termination claims. We litigate these claims in the Courts in New York, New Jersey and California as well as before the AAA (American Arbitration Association) and JAMS proceedings.

Our Sports Practice group represents agencies and athletes in a wide range of business disputes across the spectrum of professional sports, including baseball, golf and basketball. Our trial lawyers have extensive experience in disputes involving restrictive covenants (including enforcing “fee tails”), representation agreements, marketing contracts and other business agreements. We represent sports clients in a variety of forums, including grievances and arbitrations under the auspices of the Major League Baseball Players Association, the American Arbitration Association, and in court proceedings, including proceedings to enforce arbitration awards.

The popularity of professional sports necessarily brings intense public focus on disputes involving professional athletes. We aggressively represent our clients’ interests, but also develop strategies to protect their reputations.

Our litigation practice also encompasses energy contract disputes in connection with representing a national and a multinational energy service company that focuses on long-term, efficient, carbon-reducing solutions, in various commercial natural gas and electrical supply contract disputes with end of the line commercial users. We also have experience representing companies with energy-related contractual issues, including producers, gatherers and retail enterprises, including manufacturers and sellers of valves and pipes for the oil and gas industry. Our experience in handling such disputes has been brought before state and federal courts in New York and New Jersey.