• Kimo S. Peluso

    Partner
    Litigation
    kpeluso@manatt.com
    Download Contact (.vcf)

    New York
    Direct: 212.790.4570
    General: 212.790.4500
    Fax: 212.790.4545

    Education

    Harvard Law School, J.D., magna cum laude, 1998.
    Managing Editor, Harvard Law Review.

     

    University of California, San Diego, B.A., Philosophy, summa cum laude, 1995.

    Bar Admissions
    New York
    • Profile
    • Representative Matters
    • Honors & Awards
    • Publications
    • Memberships & Activities
    • Speaking Engagements

    Profile

    Kimo Peluso's practice focuses on complex commercial litigation.  He has extensive experience handing lawsuits arising from joint venture and partnership agreements, asset purchases, competitor disputes, financing relationships, and a host of other business deals.  He has also litigated cases involving false advertising, trademark, copyright, the False Claims Act, antitrust, consumer protection and securities fraud, among others.  In addition, he has defended clients in criminal actions, handled regulatory matters and overseen internal investigations. 

    Mr. Peluso served as a law clerk to the Honorable Amalya L. Kearse, U.S. Court of Appeals for the Second Circuit. 

    Representative Matters

    Commercial Litigation

    • Solomon  v. Siemens Industry, Inc. (E.D.N.Y. 2011). Defend Siemens against $10 million lawsuit by electrical contracting consultant to former Siemens business partner, asserting causes of action for tortious interference, unjust enrichment and other claims. Matter pending.
    • United States ex rel. John D. King v. DSE, Inc. (M.D. Fla. filed 2008, unsealed 2010).  Defend manufacturers and suppliers of 40 mm grenades and components to U.S. Military against former employee suit under False Claims Act. Successfully obtained judgment for defendants.
    • Kunik v. Euronet Payments & Remittance, Inc. (C.D. Cal. 2009). Represented plaintiffs, sellers of a half-billion dollar worldwide electronic payment business, in foreign tax indemnification dispute against buyers. Successfully defeated motion to dismiss.
    • DDR Construction Services, Inc. v. Siemens Industry, Inc. (S.D.N.Y. 2009). Represented Siemens and several individual defendants against civil RICO and numerous common law claims in connection with hundreds of millions of dollars in New York City government construction contracts. Claims against all clients dismissed.  
    • Commissioner of the Department of Social Services v. Nunez (Civ. Ct. N.Y. 2011). Represented medicaid managed care plan and successfully moved to dismiss third-party indemnification claims in action by New York State to recover medicaid reimbursements.
    • 24/7 Records, Inc. v. Sony Music Entertainment, Inc. Represented defendants in breach of contract and tortious interference action arising from client's distribution agreement with plaintiff record label.
    • Flushing Hospital Medical Center v. Argo Partners, Inc. (Vt. Super. Ct. 2009). Represented hospitals in action to set aside assignment of insurance claims as contrary to public policy.
    • Represented talent management company in action against a prominent music manager for breach of employment contract. Served as trial counsel at four-week arbitration. 
    • Represent one of country's largest private investigative firms in series of civil lawsuits arising from investigation of firearms dealers on behalf of City of New York.

    Real Estate and Land Disputes

    • CPIII Rincon Towers, Inc. v. Cohen (S.D.N.Y 2010). Represent plaintiff in action to enforce conditional full recourse guaranty of $110 million commercial real estate loan.
    • St. Regis Mohawk Tribe v. State of New York (N.D.N.Y. filed 1982, action remains pending). Represent New York Power Authority ("NYPA") in defense of 200-year-old Indian tribe claims to islands hosting hydroelectric power plant owned and operated by NYPA.
    • Rincon EV Realty v. CP III Rincon Towers (Cal. Super. San Francisco 2010). Represented real estate investor and other defendants in bench trial, defending claims to set aside $83 million foreclosure purchase of 320-unit apartment building in downtown San Francisco. 
    • Standard Parking Corporation v. New Roc Parcel 1A, LLC & Louis Cappelli, et al. (S.D.N.Y. 2009). Represented one of nation's largest parking lot operators in breach of contract and tortious interference action against real estate developer regarding several commercial properties.

    Trademark, False Advertising & Unfair Competition

    • Canadian Standards Association v. Compucase Corporation (C.D. Cal. 2011). Represented electronics manufacturer and importer in defense of trademark infringement and counterfeiting claims by safety certification organization.  Successfully defeated request for temporary restraining order and preliminary injunction.  
    • Miles Davis Properties, LLC v. Miles' Cafe Corporation  (S.D.N.Y. 2011). Represented estate of Miles Davis in prosecution of trademark infringement action against international nightclub owner/operator. Obtained stipulated permanent injunction in client's favor.     
    • Summit Entertainment, LLC v. Zazzle.com, Inc. (C.D. Cal. 2009). Represented producer of Twilight motion picture series in trademark and copyright infringement action against on-line merchandiser.
    • Kimberly-Clark Worldwide, Inc. v. Procter & Gamble Co. (S.D.N.Y. 2008). Litigated preliminary injunction motion on behalf of Kimberly-Clark in false advertising action against Procter & Gamble regarding children's disposable undergarment products. 
    • Life Alert Emergency Response, Inc. v. LifeStation, Inc. (C.D. Cal. 2008). Represented Life Alert in Lanham Act trademark infringement action for competitor's use of Life Alert's trademarks as keywords in Internet search advertising. 
    • Dyson Technology Ltd. v. Maytag Corp. (D. Del. 2005).  Represented vacuum cleaner manufacturer Dyson in Lanham Act false advertising litigation against Hoover. Case settled on the eve of trial.
    • Schick Manufacturing, Inc. v. The Gillette Company (D. Conn. 2005). Represented razor manufacturer Schick in Lanham Act false advertising litigation against Gillette.
    • Conducted review of potential false advertising actions for numerous clients involving medical devices, food products, personal care products, insecticides and home and gardening products, among others.
    • Represented clients in consumer investigations and enforcement actions by the FTC, the New York Attorney General, and other regulators.
    • Represented clients in cancellation and opposition proceedings before the PTO's Trademark Trial and Appeal Board (TTAB).

    Honors & Awards

    Publications

    Co-Author, Work Product Protection for Experts: Notable Decisions Under the 2010 Amendments to Rule 26, Bloomberg BNA Product Safety & Liability Reporter, Vol. 40, No. 41 (2012)

    Author, Work Product and Expert Discovery: Early Lessons from the 2010 Amendments to Rule 26, Practising Law Institute (2011)

    Co-Author, VIP Witnesses: Preparation and Techniques for Deposition, Practising Law Institute (2010)

    Co-Author, Expert Depositions, Practising Law Institute (2010) 

    Memberships & Activities

    Admitted to practice in New York State and before the United States District Courts for the Southern District of New York, the Eastern District of New York, the Northern District of New York, Eastern District of Wisconsin and the District of Colorado.

    Member, Association of the Bar of the City of New York  (Committee on Consumer Affairs, 2007–2010; Committee on Entertainment Law, 2005–2007; Secretary, Standing Committee on Pro Bono and Legal Services, 2000–2003).

    Speaking Engagements

    Panelist & Program Co-Chair, Advanced Deposition Techniques, Practising Law Institute, March 2010, April 2011 and  January 2012 (Program Co-Chair)

    Panelist, Taking and Defending Expert Depositions, Practising Law Institute, June 2009, May 2010 and May 2011.