Litigation

KDK’s litigation practice group represents American and European clients in arbitrations, mediations and litigations in the federal and state courts at both the trial and appellate levels. Our clients include banks, law firms, investment advisors, insurance brokers, educational institutions, trading companies, broker-dealers and manufacturers, as well as individuals.

Our litigators have handled a diverse array of litigation, including:

  • Commercial disputes involving claims of breach of contract and business torts;
  • Professional liability claims relating to attorneys, accountants and insurance brokers with an emphasis on the defense of legal malpractice actions;
  • Real estate related litigation including lender liability claims, mortgage foreclosures and breaches of real estate sales contracts, etc.;
  • Disputes between manufacturers and their dealers and sales representatives;
  • Employment disputes;
  • Employment discrimination claims under federal, state and local anti-discrimination laws, including administrative proceedings;
  • Disputes arising under federal and state securities laws, including securities fraud, unauthorized trading, churning and unsuitability;
  • Defending civil RICO claims;
  • Insurance disputes;
  • Education disputes.

Representative matters include:

Representing a law firm accused of malpractice and conflict of interest in connection with the sale of a building shortly after the owner had bought out its fifty percent co-owner for substantially less than half the sale price;

Representing a major Texas law firm in an action for contribution brought in the New York State Courts by a large New York money center bank after the law firm’s client successfully persuaded a Texas jury to hold the New York bank liable for conversion of its client’s stock in an unsuccessful foreign private placement in which all of the clients’ securities were stolen by white collar criminals;

Obtaining dismissal of numerous legal malpractice complaints on motions to dismiss the complaints;

Representation of a European trading company in a civil suit in federal court against a marine insurer for recovery under financier’s endorsements issued to the trading company in a case in which the underlying insurance policy had been issued to the party accused of arranging the theft of the trading company’s cargo;

Representation of an eyewear manufacturer in connection with a licensing dispute with a well-known international fashion brand;

Obtaining attachments of funds located in New York banks on behalf of European banks and a Vietnamese based investment fund unable to collect debts owed to them in Vietnam and Bahrain;

Representation of a temporary administrator appointed by the New York Surrogate’s Court with respect to complex tax and ERISA claims arising from his oversight of an estate;

Representation of a major brewing company in an action against its insurer on a product contamination claim;

Representation of a fashion design firm in an employment dispute with its former president;

Representation of various intellectual property firms with respect to patent disputes; and

Representation of a large corporate software firm with respect to a licensing agreement with an international securities firm.

Representative Decisions:

Sanders v. Bressler, Amery & Ross, P.C., 2006 WL 319303 (E.D.N.Y. 2006) (Hurley, J.);

BHC Interim Funding, LP v. Bracewell & Patterson, LLP, 2003 WL 21467544 (S.D.N.Y. 2003) (Swain, J.);

Thomas v. NASL Corp., 2000 WL 1725011 (S.D.N.Y. November 20, 2000) (Koeltl, J.);

Doehla v. Wathne Limited, Inc., 1999 WL 566311 (S.D.N.Y. August 3, 1999) (Haight, J.);

AmBase Corp. v. Pryor Cashman Sherman & Flynn LLP, 35 A.D.3d 174, 826 N.Y.S.2d 33 (1st Dep’t 2006);

Avon Development Enterprises Corp. v. Samnick, 286 A.D.2d 581, 730 N.Y.S.2d 295 (1st Dep’t 2001);

Phillips Smith Specialty Retail Group II, L.P. v. Parker Chapin Flattau & Klimpl, LLP, 265 A.D.2d 208, 696 N.Y.S.2d 150 (1st Dep’t 1999);

Turner v. Robins, 267 A.D.2d 376, 699 N.Y.S.2d 728 (2d Dep’t 1999);

Matter of Estate of Ajar, 237 A.D.2d 597, 655 N.Y.S.2d 608 (2d Dep’t 1997); and

Bowman Import/export Ltd. v. F.J. Elsner North America Ltd., 5 Misc.3d 1026(A), 799 N.Y.S.2d 158 (Table), 2004 WL 2853024 (N.Y. Sup. New York Co. October 13, 2004).

Prior results do not guarantee a similar outcome.