Sale of Sally Lou Fashions Corp
Represented Sally Lou Fashions in its sale to a private equity owned competitor for an undisclosed amount.

Sale of BillyBey Ferry Company
Represented BillyBey Ferry Company in its sale to Port Imperial Ferry Company for an undisclosed amount.

Acquisition of car park management company
Represented a consortium of investors in the leveraged buyout to simultaneously acquire two leading car park management companies.

Financing of Jacques Moret Group
Represented Jacques Moret, Inc. and related companies in securing and refinancing a $125 million debt facility.

Sale of MSI Merchant Services and MSND
Represented leading credit card processing companies in their joint sale for over $200 million to a private equity buyer.

Sale of Stationary Manufacturing Company
Represented a stationary manufacturing company in its sale for over $200 million to a publicly-traded company.

Sale of Planet Sox
Represented Planet Sox in its sale for $130 million to an international strategic buyer.

Capital Raise for eSports company
Represented a leading eSports company in raising capital to support its growth through various acquisitions.

Commercial Litigation

Gemmon LLC v. Vera Wang Bridal House, Ltd.
148 A.D.3d 579 (1st Dept 2017)
Successfully defended client in breach of contract and fraud action brought by a licensee blaming licensor for lost sales.

In re Delta/Airtran Baggage Fee Antitrust Litigation
No. 1:09-MD-2089-TCB (N.D. Ga Sept. 25, 2013)
Recovered $1.7 million in unpaid fees for an e-discovery vendor retained by plaintiffs in multi-district class action lawsuit.

Demopoulos v. Anchor Tank Lines
LLC, 117 F. Supp. 3d 499 (S.D.N.Y.2015)
Obtained dismissal of ERISA successor liability action commenced by the Trustees of the Local 553 Teamsters Union against purchaser of oil delivery company.

Genger v. Sharon
910 F. Supp.2d 656 (S.D.N.Y. 2012)
Represented the defendant in a suit on a promissory note. Following trial, the court held that the note had never been signed.

Virtanen v. O’Connell
44 Cal. Rptr. 3d 702 (Cal. App. 2006)
Successfully defended on appeal a judgment holding a lawyer liable for violating escrow instructions.

International Minerals & Resources v. Pappas
96 F.3d 586 (2d Cir. 1996), app. after remand, 5 Fed. Appx. 5 (2d Cir. 2001)
Successfully appealed a decision in favor of the defendants in a suit alleging tortious interference with an international shipping contract; after the reversal on
appeal, the client obtained a jury verdict in its favor, which the firm successfully defended on appeal.

Construction Law & Real Estate

ARM Real Estate Group, LLC v. Dalan Management
et al, 2016 WL 3405634 (Sup Ct, New York Co. 2016)
Obtained dismissal of action by real estate broker
wrongfully alleging entitlement to a broker’s commission.

United States of America v. Related Companies, L.P.
14-cv-01826
Favorably settled a lawsuit against real estate developer alleging violations of the Fair Housing Act.

Hudson Yards Construction, LLC v. Building and Construction Trades Council
N.Y., First Department
Represent the construction manager of the largest commercial real estate property in New York City in connection with a dispute with the BCTC’s tortious interference with the developer’s ability to negotiate vital labor agreements.

SI Hylan Care, LLC v. 2454-2464 Hylan Blvd., LLC
138 A.D.3d 821 (2d Dept 2016)
Obtained dismissal of action by subtenant against owner of property in which subtenant sought enforcement of a provision in sublease purporting to grant subtenant the right to purchase owner’s property.

Zanani v. Meisels
78 A.D.3d 823 (2d Dep’t 2010)
Obtained a lower court dismissal and an affirmance by the Appellate Division of a claim that the client had been a party to a fraudulent real estate conveyance.

Investigations & Criminal Defense

United States v. Holzwanger
D. N.J.
Represented an individual charged in a federal criminal indictment with three counts of wire fraud as part of an alleged scheme to defraud the customers of a payroll services company. After a jury trial, Wachtel Missry successfully moved for a judgment of acquittal on all counts against its client.

Represented a sports marketing firm executive indicted in FIFA bribery scandal.

Represented six executives of a major European financial institution in an investigation by the DOJ and Manhattan District Attorney’s Office into potential violations of U.S. sanctions laws.

Represented ten employees of a global financial institution in a DOJ/CFTC investigation into potential fraud in connection with the setting of LIBOR.

Represented two bank executives in a DOJ investigation into collateralized debt obligation trading.

Conducted an internal investigation in connection with an SEC investigation into potential accounting fraud and a lack of auditor independence for a NYSE-listed real estate company. No charges were brought against the company.

Conducted an internal investigation for a Hong Kong investment adviser in connection with an SEC insider trading investigation.

Conducted an internal investigation for a Malaysian financial institution in connection with an SEC investigation.

Represented an information distribution service in connection with an SEC investigation into potential violations of Regulation FD, insider trading and securities fraud.

Class Actions

BLT Steak v. Liberty Power
N.Y. First Department
Represent a putative class of New York customers against an energy service company that agreed to charge a market-based price for electricity supplied to its customers. The lawsuit seeks damages against the company for charging its customers excessive prices and hidden fees, and failing to charge market prices as obligated by contract.

Mid Island v. Hess; BMW v. Castle
N.Y. First Department
Represent two putative classes of customers that purchased fuel oil from major heating oil companies in New York City. The lawsuits seek damages against the oil company defendants for delivering an adulterated product, rather than the fuel oil that their customers ordered and paid for.

Partnership Disputes

Barasch v. Williams Real Estate Co.
33 Misc.3d 1219(A), 2011 WL 5386252 (N.Y. Sup. Ct. 2011)
Client awarded appraisal rights and the right to receive fair value for her shares in prominent NYC real estate development firm.

Seretis v. Fashion Vault Corp.
110 A.D.3d 547 (1st Department 2013)
Successfully defended client at trial and again before the Appellate Division against a claim by a partner that the client had misappropriated corporate assets and monies.

Compliance & Crisis Advisory

Conducted due diligence, FCPA risk assessment and compliance program review of overseas operations on behalf of a U.S.-listed company as the sole condition of closing a joint venture in a construction materials business.

Conducted an enterprise-level risk assessment for a U.S.-listed logistics company.

Conducted a global FCPA/anti-corruption risk assessment, compliance program review and training for a large, privately-held U.S. food company.

Tax Disuptes

New Capital Fire v. Commissioner of Internal Revenue
T.C. Memo 2017-177 (U.S. Tax Court, 2017)
In a case before the US Tax Court, the IRS claimed New Capital Fire owed over $6 million in unpaid taxes, interest and penalties. Following a bench trial, the Court found that the New Hampshire insurance company had adequately and properly reported a company merger on its government returns. As a result, the Court held the entire IRS claim was barred by the statute of limitations, and our client was found to owe nothing to the IRS.

First Ammendment

Cardno ChemRisk LLC v. Foytlin
476 Mass. 479 (2017)
Landmark case establishing first amendment protections for bloggers/journalists under Massachusetts anti-SLAPP statute.

Arabesque Recordings LLC v. Capacity LLC
(2013 WL606036)
Obtained dismissal of all claims and an unprecedented award of attorney’s fees for client.

600 West 115th Street Corp. v. Von Gutfeld
80 N.Y.2d 130 (1992)
Landmark decision holding that statements made during a public hearing are entitled to First Amendment protection.

Pro Bono Advocacy

Board of Veterans’ Appeals
Conducted hearing before the Board of Veterans’ Appeals resulting in decision granting veteran service-connected benefits for injuries sustained during the Vietnam War.

Department of Veterans Affairs
Successfully obtained retroactive service-connected benefits for a veteran who had previously been denied benefits by the Department of Veterans Affairs after being a victim of an incident of Military Sexual Assault.

Acquisitions and Dispositions

International

Paris, France
Acquisition and subsequent disposition of several high profile Paris retail and office properties, including 65, avenue des Champs-Élysées, 32, rue des Archives, and 51-53 Boulevard Haussmann.

1 Dover Street, Mayfair London, United Kingdom.
Acquisition of a rare 2,300 square meter freehold property with luxury residential penthouse, retail, office, and basement discotheque across from the Ritz.

Burlington Arcade, Mayfair London, United Kingdom
Acquisition of landmark and architectural masterpiece in the heart of London’s Mayfair.

26 Via Del Spiga, Rome, Italy
Acquisition of a trophy building comprised of luxury residential, office and ground floor retail over 8,500 square meters in the heart of Milan’s retail shopping district.

Domestic

Olympic Tower
Acquisition of 49.9% ownership interest of the holding of the Olympic Tower (across from St. Patrick’s Cathedral) becoming the building owners’ first institutional partner since its construction. The client, a family office, outmaneuvered several private equity, REITS and banks in bidding for this lucrative 51-story property.

Student Housing
Acquisition of a portfolio of 8 centrally located student housing properties located in five different states.

693 Fifth Avenue
Acquisition and subsequent disposition of the famed Takashimaya building, a 100,000 square-foot, 20-story prime retail and office building in NYC’s Plaza District / 5th Avenue.

The Crown Building / 730 Fifth Avenue
Financing of a 25-story, 350,000 square foot office and retail tower known as one of the more iconic properties in New York City.

Hospitality

The James Hotel / SoHo, NY
Acquisition and financing 19-story luxury boutique hotel property. The Stewart Hotel, NY. Acquisition and financing of a 500,000-square foot, 28-story hotel property with 618 rooms.

Leasing

730 Fifth Avenue, NY
Bulgari and Zegna retail leases.
Represented owner on two flagship ground floor luxury retail leases.

693 Fifth Avenue, NY
Valentino lease
Represented the owner in connection with the negotiation of the retail lease for Valentino’s NYC flagship boutique.

685 Fifth Avenue, NY
Coach Lease
Represented the owner in connection with the negotiation of the retail lease for Coach’s NYC flagship boutique.

155 Mercer Street, NY
Dolce & Gabbana lease
Represented the owner in connection with the negotiation of the retail lease for the luxury fashion house’s first full service boutique.

Commercial leases
Including The Olive Garden (restaurant chain); Burlington Coat Factory (department store) and a 75,000-square foot Whole Foods (organic supermarket) on a major new lot at 125th Street in New York City.

The firm represented a well-established pharmaceutical company consolidated its manufacturing sales operations by moving several locations in a large city to an integrated rurally-located complex with tax advantages.

The firm regularly handles leases and triple net leases nationally to chains and public companies on behalf of several owner/operators.