In the financial services field, recent matters include:

• Legal Counsel to the Department of Justice-appointed Independent Compliance and Business Ethics Monitor of a global investment bank;
• litigations arising from disputed trades, see, e.g., Luxor v. Seaport Group LLC, 148 A.D. 3d 590 (1st Dep’t 2017);
• allegations of insider trading by the SEC and federal and state prosecutors;
• FINRA arbitrations and related court litigations, see, e.g., Doscher v. Sea Port Group Securities, LLC, 832 F. 3d 372 (2d Cir. 2016);
• alleged violations of FINRA guidelines.

In healthcare, recent matters include:

• trial and appeals arising from sale of ambulatory surgery center and related real estate transaction, Center for Specialty Care, Inc. v. CSC Acquisition I, LLC, 185 A.D.3d 34 (1st Dep’t 2020), 187 A.D.3d 46 (1st Dep’t 2020);
• litigation declaring New York State insurance statute unconstitutional under the Contract Clause of United States Constitution;
• parallel civil and criminal proceedings involving alleged off-label promotion of pharmaceutical products;
• litigations arising out of a hospital system’s appointment by the Department of Health as temporary operator of adult homes, MediSys Health Network, Inc. v. Local 348, 337 F.3d 119 (2d Cir. 2003);
• dismissal, based on Food, Drug and Cosmetic Act preemption, of claims relating to medical device, Horowitz v. Stryker Corp., 613 F. Supp. 271 (E.D.N.Y. 2009);
• along with the Medicare Rights Center, court challenge to the government’s failure to apply the “treating physician rule” in connection with Medicare reimbursement, Kaplan ex rel. Estate of Kaplan v. Leavitt, 503 F. Supp. 2d 718 (S.D.N.Y. 2007).

Other significant reported decisions include:

• dismissal of securities class action litigations, Zheng v. Pingtan Marine Enterprise, Ltd., 379 F.Supp.3d 164 (E.D.N.Y 2019); Fila v. Pingtan Marine Enterprise, Ltd., 15 –cv-00267 (AJN)(S.D.N.Y. July 19, 2016).
• litigation before the New York Court of Appeals regarding real property tax exemption for not-for-profit organization, Greater Jamaica Development Corp. v. New York City Tax Comm., 25 N.Y.3d 614 (2015) (to view oral argument, click ).
• dismissal of antitrust allegations against medical liability insurer, Isaac v. Medical Liability Mutual Ins. Co., 132 A.D. 3d 1249 (4th Dep’t 2015).
• preliminary injunction on behalf of Schick Manufacturing in false advertising case, Schick Mfg., Inc. v. Gillette Co., 372 F. Supp. 2d 273 (D. Conn. 2005).
• representation of foreign attorney in litigations raising questions of attorney-client privilege, crime-fraud exception and interaction of foreign and local privilege and disciplinary rules, Madanes v. Madanes, 199 F.R.D. 135 (S.D.N.Y. 2001).
• representation of Hewlett Packard in civil litigation to recover proceeds of criminal enterprise, Gala Enterprises, Inc. v. Hewlett Packard Co., 989 F. Supp. 525 (S.D.N.Y. 1998); 940 F. Supp. 212 (S.D.N.Y. 1997).
• successful argument of leading case on the scope of federal appellate review in connection with preliminary injunctive relief, Lermer Germany GmbH v. Lermer Corp., 94 F.3d 1575 (Fed. Cir. 1996).
• upon appointment by the New York Court of Appeals and on remand from the United States Supreme Court, persuaded New York’s highest court that the New York Constitution affords greater search and seizure protection than the U.S. Constitution, People v. Harris, 77 N.Y.2d 434 (1991).