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Appellate Division First Department, NYC

Advocacy Experience 

Appellate Division First Department, NYC

Partner, Allegaert Berger & Vogel LLP New York, 2017-20

  • Representation of a US supplier of LNG liquefaction plants in litigation in federal court related to an ongoing arbitration with a power facility customer in Africa

  • Representation of an Italian fashion house in federal court litigation arising from retail store construction and operations

  • Representation of Chinese investors in major New York hotel property in Commercial Division, New York County, in the Appellate Division, First Department, and at NYC Department of Buildings, regarding compliance with local building code provisions governing new construction

  • Representation of a Swedish client in UNCITRAL Rules ad hoc arbitration and in related litigation in the Southern District of New York to compel UNCITRAL arbitration of disputes over earn-out provision in client’s strategic acquisition of a US company in automotive inspection business, related IP disputes, and antitrust litigation with a party related to the seller regarding competition for state inspection-related contracts

 

Partner, Squire Patton Boggs (US) LLP (formerly Squire Sanders) New York, 2007-17

Cross-border and domestic commercial and IP litigation, international and commercial arbitration in a broad array of industrial and commercial sectors, including:

  • Aerospace (Supply Chain)

  • Consumer Products (Branding, Marketing)

  • Energy (Oil & Gas, Solar, Wind)

  • Supply Agreements

  • Manufacturing, Outsourcing

  • Construction Projects

  • Fashion Brands (Licensing, Trademark Protection)

  • Hotel Development, Management (Investor/Manager Relations)

Partner, Pavia & Harcourt LLP, New York, 1987-2007; Associate, 1983-86

Representation of Europe-based companies and U.S. subsidiaries of EU-based groups in arbitrated, litigated and mediated disputes with strategic commercial partners in the United States; consulting and supervisory relationships with local counsel representing US-based parties in Italian judicial and arbitral proceedings.

Client representation in New York included litigated and arbitrated disputes related to:

  • Commercial Cross-Border Banking

  • Consumer Products Design, Manufacture, Distribution

  • Fashion Licensing, Franchising, Brand Protection

  • Long-term Commercial Supply Relationships

  • Machine Tool, Cell and System Supply

  • Medical Device Supply

  • Products Liability

  • Real Estate Development and Investments

  • Representation of a sovereign in US federal and NY state court litigation

  • Specialty Food and Beverage Import and Distribution

  • Technology Licensing

  • Transportation/Logistics

  • Venture Capital Investments.

Leadership Role: Chair, Arbitration and Litigation Practice Group (1998-2007)

 

Litigation Associate, Simpson Thacher & Bartlett, New York, 1979-1983

Training in pretrial, trial and appellate practice in complex Antitrust, Products Liability, and Securities cases in New York federal and state courts

 

Federal Appellate Clerkship, Chief Judge Daniel M. Friedman, US Court of Claims (1978-79)

Representative Cases as Advocate

  • Pre-trial, trial, appellate and arbitration counsel to plaintiffs and defendants in cases involving allegations of breach, wrongful termination or non-renewal of exclusive licensing, distribution or franchise, and long-term supply and manufacturing agreements in a variety of fields

  • Defense of product defect claims asserted in litigation against automotive and machinery manufacturers and in international arbitration against solar panel manufacturers

  • Representing a wind farm developer in connection with wrongful termination of long-term energy supply contracts

  • Acting as lead counsel in cross-border litigation and international arbitration on behalf of an aerospace manufacturer against a sub-tier supplier threatening to disrupt an aircraft assembly line over the supplier’s demand for a price increase in a long-term, fixed price supply contract

  • Representing a high-fashion trademark owner and its licensee manufacturer in trademark anti-counterfeiting cases brought against major discount retailers and their suppliers in litigation in the Southern District of New York (SDNY) resulting in permanent injunctions and multi-million dollar recoveries

  • Representing non-US based parties seeking federal discovery under 28 U.S.C. §1782 in aid of civil proceedings pending or threatened in courts located outside the US

  • Representing the Kingdom of Spain in opposition to a 28 U.S.C. § 1782 application directed against its New York law firm

  • Representing the Government of Italy in litigation resulting in US judicial compulsion, and in negotiations to obtain the voluntary return of Classical and Hellenistic period artifacts illegally removed from Sicily and southern Italy

  • Obtaining confirmation of international arbitral awards

  • Acting as lead counsel in a federal securities fraud case that proceeded to a jury trial in SDNY and verdict for the client

  • Defending an Italian bank in purported class actions brought against foreign bank defendants and their manufacturer-customers for alleged violations of US anti-terrorism laws

  • Defending Lanham Act, RICO and common law claims brought by New Jersey and Florida franchisees of a supplier of high‑fashion leather goods, clothing and accessories

  • Representing the purchaser of an engineering firm in purchase price adjustment arbitration

  • Representing a minority shareholder/former CEO of a closely held corporation in arbitration to obtain fair value for his shares

  • Representing clients based in Italy, Japan, the People’s Republic of China and the US in connection with challenges to the jurisdiction of local federal and state courts

  • Representing an energy services company in UNCITRAL arbitration to obtain payment from a multinational organization for services rendered to a peacekeeping mission

  • Representing executives or employers in contract disputes arising from termination of the employment of highly compensated executives

  • Representing investors, managers and tenants in Manhattan office, retail and hotel properties in contract disputes with investors, contractors, landlords and brokers

  • Defending automotive, machine tool, industrial equipment and medical device manufacturers in product defect litigation

  • Serving as New York trial counsel and as national coordinating counsel for major Italian automotive manufacturers in the defense of product liability cases.

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