Complex Commercial/Financial Litigation
Obtained affirmance at N.J. Superior Court, Appellate Division, enforcing terms of settlement agreement between rival pharmaceutical companies (click here for decision, click here and here for underlying decisions), followed by denial of further appeal by N.J. Supreme Court (click here for order).
Obtained favorable settlement for financial advisory firm in lawsuit against former banking client over failure to pay a success fee due under retainer agreement, after defeating motion to dismiss.*
Representing closely-held N.Y. corporation in workout of shareholder disputes and distribution of assets.
Represented SAC Capital portfolio company as creditor of company in U.S. Bankruptcy Court, D.CT.*
Defending financial advisor against claims of mismanagement of investment funds in S.D.N.Y. Negotiating resolution of fee dispute between startup media company and former counsel.
Obtained 5-0 reversal of dismissal at N.Y. Supreme Court, Appellate Division, First Department of case involving breach of telecom settlement agreement; argued as appellee before New York Court of Appeals
Presently representing former M&A client of large private equity firm in multimillion-dollar fee dispute.
Represented individuals and financial firms in civil and white-collar financial litigation cases including: NASDAQ antitrust litigation, “IPO Spread” litigation, mutual fund late trading cases and stock option “backdating” cases. Handled criminal defense of trader in mutual fund late trading case resulted in acquittal.*
Defeated campaign by minority shareholders seeking preferential buyout of shares and to disrupt operations of Bahamas telecommunications company, a portfolio company of a large hedge fund.*
Successfully represented entertainment company against entities and individuals making unauthorized use of its trademarks on the Internet and elsewhere.*
Stopped group of parties from selling fake insurance policies, fraudulently identified as backed by client insurance company.*
Defeated consolidation of individual cases against computer keyboard manufacturer in suits alleging its products cause repetitive stress injuries, leading to favorable settlements.*
Internet/Intellectual Property/Entertainment Litigation
Initiated copyright and theft of trade secrets case in E.D.N.Y. involving employees’ misappropriation of computer code and corporate secrets, and sale of competing products
Initiated and resolved trademark action in S.D.N.Y. in dispute between food establishments
Represented and advised major performing rights organization in connection with the public performance of music in all forms of New Media. Counter-parties have included Internet service providers, cable television networks, telecommunications companies, radio conglomerates and Internet video and audio providers. Issues have included the value of various types of licenses, the need for licenses in preview performances and whether ringtones require public performance music licenses.*
Represented book publisher in copyright infringement action over alleged infringement by entity using content in a national campaign.Instrumental in shutting down operations of pirate CD manufacturer on behalf of member companies of the Recording Industry Association of America in infringement action against pirate CD manufacturer.*
Obtained affirmance of verdict of non-infringement of trademark for computer parts distributor before the U.S. Court of Appeals for the Third Circuit.*
Represented financial information company investigated by U.S. Government on claims of invading computer systems and infringing copyrights. Investigation was closed without charges.*
Played significant role on jury trial team that obtained complete defense verdict for software publisher in a suit by competitor alleging misappropriation of trade secrets.*
Represented manufacturer of produce bag dispensers in patent appeal before the U.S. Court of Appeals for the Federal Circuit.*
Secured trademark for literary society before U.S. Patent and Trademark Office, overcoming initial rejection based on potential confusion.*
*Prior to establishing Parness Law Firm, PLLC. Past results are reported to provide the reader with an indication of the type of litigation I practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.
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