Cases

A sample of the successful results CPS&S has achieved for clients:

Commercial Litigation

Representation of several distributors and wholesalers of pharmaceutical products against major pharmaceutical companies, in litigation in federal and state courts and alternative dispute resolution, in several states. Among claims alleged by our clients were antitrust, breach of contract, interference with business and violation of state law claims. Successfully defended a motion to dismiss antitrust claims.

Representation of minority owner in multiple LLC’s and corporations owning numerous commercial properties in various eastern, southern and Midwestern states in dispute against majority owners; litigation in the courts of the state of New York against another member as creditor stayed at our motion to allow more advantageous litigation in other jurisdictions to proceed; the result was a settlement by alleged creditor enabling client to address liability and preserve interest in valuable properties.

• Federal litigation against promoters of investment scam in an alleged bank vehicle and their prominent counsel in which monies in the seven figures were invested with the defendants, resulted in payment to plaintiff client of 100 cents on the dollar, even though the client was a sophisticated investor.
• In bankruptcy court litigation in the Southern District of New York, settlement of claims on the eve of trial for a fraction on the dollar, in case against accountant client alleging participation in fraudulent transfers and preferential transfers to the detriment of a major credit card company.
• Resolution of multi-million action claim against defendant officer and director without any liability in federal case brought in the Southern District of New York against officers and directors of a bankrupt oil and gas company.

Real Estate Litigation

Representation of developer in case involving real property in a claim against attorney stemming from alleged failure to protect rights of developer in failing to enforce contract for purchase of property intended for condominium development; case proceeded to jury trial.

• Litigation in New York State Supreme Court against attorneys for malpractice in connection with offering plan for beachfront development of 72 homes resulted in seven figure payment to plaintiff real estate developer client.
• In dispute involving title to valuable building and lot located in Manhattan against a prominent real estate developer alleging Cox Padmore Skolnik & Shakarchy client breached the contract of sale by failing to convey the property, after a full trial, verdict for CPS&S client finding that it was entitled to keep the property and affirmed on appeal.
• Federal litigation in both civil court and bankruptcy court on behalf on non-managing partner of business owning approximately fifteen properties with substantial value, including claims under the Racketeer Influenced and Corrupt Organizations Act, against the managing partner and his co-conspirators, resulted in return to non-managing client partner of his share of the properties in question without compensation to the managing partner.
• On behalf of plaintiff minority shareholder in corporate dissolution proceeding involving appraisal of real estate and interest in business in which defendant's appraisal was only 50% of plaintiff's client's appraisal, payment to plaintiff client was 96% of the higher appraised value of plaintiff's shares.

International Commercial Litigation

• Dismissal without liability of $7 million claim brought in federal court in the Southern District of New York, by a corporation with offices in the Bahamas against defendant clients in Idaho and California, where judgment was entered against a co-defendant.
• Dismissal of multi-million dollar claims without liability on motion for summary judgment with attorneys' fees of less than 2% of claim, in action brought by Fortune 500 multinational against defendant Fortune 500 multinational, in claim arising out of properties and activities involving the United States and Africa.

Estates & Trusts Litigation

Dismissal of certain claims in excess of $20 million relating to breach of fiduciary duty and for attorneys' fees, in lengthy arbitration before the Panel of the American Arbitration Association in case alleging malfeasance by a trustee client of an inter vivos trust that was a partner in various properties in the City of New York, including major hotels and office buildings.

Employment Litigation

In claim by an out of state technology related company that a high level salesman had violated restrictive covenants, and pilfered confidential customer information and brought it to our client who was the new employer, resulting in litigation, our client was able to retain its new and valuable salesman employee without liability on its part in a cost-effective settlement that resulted in a mere five month restriction from the date of settlement on the salesman's ability to solicit selected clients and a mutual agreement on behalf of the prior employer and our client not to hire each other's employees for a period of time.

Matrimonial Law

Representation of multiple high net worth individuals in matrimonial disputes that were settled without resort to expensive litigation; substitution as counsel for another lawyer in contested matrimonial that was then settled without resort to an expensive trial.

Intellectual Property

Representation of judgment debtor against large publicly owned business financial judgment creditor in suit seeking to compel owner to transfer his interest in valuable trademark in satisfaction of debt, decision holding in accordance with judgment debtor’s argument that the trademark could not be transferred to the judgment creditor “in gross” apart from the business or goodwill with which it has been established.