A selection of matters handled by the firm’s attorneys, grouped by practice. Several involve confidential terms, so some clients and outcomes are described in general terms.
Attorney Advertising. Prior results do not guarantee a similar outcome. Includes matters handled by Mr. Kincaid before he founded the firm.
Complex Commercial Litigation
About this practice →- John Paulson. Represented John Paulson in multiple federal litigations and New York arbitration against former manager of Paulson & Co.’s investments in Puerto Rico, involving various claims with aggregate value of over $500 million. This dispute was repeatedly covered in The Wall Street Journal and other outlets.
- Banyan Capital. Argued and obtained summary judgment piercing the corporate veil of the private equity firm Banyan Capital, holding it directly liable for its portfolio entity’s breach of an asset purchase agreement.
- WeWork. Argued, and defeated, a motion to dismiss claims to pierce the corporate veil of numerous WeWork entities, including WeWork, Inc., to hold them directly liable for their subsidiary’s breach of a commercial lease. This victory was featured in The Real Deal and The New York Post.
- Advertising company founder. Successfully represented the founder and CEO of a large, multinational advertising company in a “bet the farm” arbitration against the company and its co-founder alleging breach of contract, breach of fiduciary duty, and breach of the covenant of good faith and fair dealing; reached confidential settlement after securing a pivotal preliminary injunction.
- Real estate investment company. Represented a member of a real estate investment limited liability company in an action against the other members of the company for breaches of fiduciary duty, rescission of the operating agreement, an accounting, and related causes of action arising from the members’ alleged (i) misuse of the company’s funds to satisfy personal obligations; and (ii) failure to repay the members’ financial investments.
- Pharmaceutical co-development. Successfully represented a large pharmaceutical company in a commercial dispute arising from a co-development agreement.
- Monoline insurer. Successfully represented a monoline insurer against financial institutions for fraud and breach of contract related to the financial institutions’ creation of and participation in residential mortgage-backed securities transactions.
IP & Consumer Protection
- Medical device trademark. Successfully represented a major medical device company in a trademark infringement and anti-cybersquatting suit.
- Medical device false advertising. Successfully represented a major medical device company in a false advertising action arising from the labeling and marketing of a novel immunoassay.
- State attorney general action. Represented a home warranty company in an action brought by a state attorney general alleging that the company had violated consumer fraud laws in its advertising.
Creditors’ Rights
About this practice →- Chapter 7 adversary proceedings. Represented several affiliates of a defunct discount clothing retailer in a series of adversary proceedings commenced by a Chapter 7 trustee alleging claims pursuant to New York’s Debtor and Creditor Law; reached a favorable settlement after extensive summary judgment briefing.
Government Investigations
About this practice →- U.S. Attorney’s Office. Successfully represented a major medical device company in connection with an investigation by the U.S. Attorney’s Office arising from the sale of diagnostic assays.
- Federal criminal investigation. Successfully represented a high-yield bond trader in connection with a federal criminal investigation.
- SEC, FINRA and New York Attorney General. Successfully represented a fund manager and broker-dealer in connection with simultaneous investigations by the SEC, FINRA, and the New York Attorney General.
- Sarbanes-Oxley. Successfully represented a Fortune 500 company in an investigation arising from alleged violations of the Sarbanes-Oxley Act.
- Foreign Corrupt Practices Act. Successfully represented a foreign multinational corporation in an investigation regarding alleged violations of the Foreign Corrupt Practices Act.