Cases of Interest

CASES OF INTEREST

litigation and transactional cases of interest

  • CURRENT CASE:  Insurance company refuses to insure damage done by vandalism and malicious mischief, despite such damage being expressly covered by the policy.
  • Former operating room nurse, in an apparent age discrimination situation, terminated and offered insufficient severance package, that may have violated basic statutory notice requirements. Counter-offer seeks reinstatement or balance (2 years) payment and contributions to pension.
    • Result: 20% increase in severance package achieved.
  • Independent Counsel Litigation Review: Reporting to the CEO, accurately predicted the appellate decision (nearly word-for-word). In the same matter, the retained counsel (hired by in-house counsel) failed to advise that in-house counsel was the cause of the multi-million dollar problem. When confronted with Mr. Stern’s memo, both retained counsel and in-house counsel conceded that Mr. Stern was correct.
  • Independent Counsel Transaction Review: Reporting to a senior corporate executive regarding his pending $7,500,000 residential real estate purchase, uncovered significant flaws in the offering plan.
    • Result: Purchase cancelled.
  • Independent Counsel Transaction Review: On behalf of the CEO, reviewed the work of retained counsel for a not-for-profit corporation, discovering that retained counsel (“expert” in the field) had drafted improper incorporation papers, submitted a flawed application for IRS tax-exempt status, and was suggesting an illegal and improper corporate structure vis-a-vis the intended end-result of establishing a cancer research facility. That improper structure included a proposed illegal “captive” for-profit entity, and the failure to properly account for the correct direction of the proposed income-stream.
  • Independent Counsel Business Structure Review: On behalf of a private foundation, reviewed the business plan for a new oncology research and treatment facility, resulting in the development of an entirely new plan in line with Mr. Stern’s recommendations.
  • Complex Commercial Transactions: Primary Draftsman on $25 million fiber-optic telecommunications system construction contract, representing contractor.
  • Complex Commercial Litigation: Fiber Optek v. Neon Optica- US District Ct., Southern District: First (only) attorney to successfully file a mechanic’s lien against a fiber-optic communication system running through a public thoroughfare. Result: multi-million dollar settlement to client from public company otherwise filing bankruptcy.
  • Municipal Laws and Ordinances: Various Taxi Industry Matters- Successfully demonstrated to City of Middletown, NY, City of Beacon, NY, City of Newburgh, NY that municipalities had jurisdiction only to regulate “point-to-point” taxi/livery transportation occurring wholly within their borders.
  • Municipal Contracts Law: Client Transportation v. MTM, et al.- Successfully restored plaintiff’s share of Medicaid non-emergency medical transportation work within days of filing action.
  • Municipal/Zoning Law: Client v. Competing Business and Town of Crawford- Within days of filing action, defendant-competing-business owner removes expanded business fixtures violating zoning and which fixtures were producing products competing with plaintiff.
  • Estate Litigation: Estate of Client: Successfully defended executor, whose wife received bulk of estate, from claims of over-reaching by family of decedent.
  • Intellectual Property/Trademarks/Tradenames: Blair.com v. Alison Blair Studio: After a large, intellectual property/corporate law form advised Alison Blair Studio that she had to change her name because Blair.com (a Sears-type retail store with a large web presence), had sent a “cease and desist and letter), and had charged her many thousands of dollars for this advise, Mr. Stern sent a refusal-to-comply letter to Blair.com (cost- $150). Matter resolved. Alison Blair Studio retains her name and website presence without modification.
  • Mansion Tax Grievance: 3 prior Ivy-league attorneys having failed to obtain any reduction whatsoever, Mr. Stern obtained a ⅓ reduction in the real estate taxes (a $30,000 per year reduction) on a residential property in Rockland County without the need to file for a formal property tax review.
  • Contract Litigation: When a trucking company, having contracted with an employee /driver to buy a truck and be hired on as an independent contractor, unilaterally a few months thereafter, reduced the weekly payments to the driver, Mr. Stern, without filing legal action, restored the full weekly payment originally agreed to by the driver.
  • Federal & State Elder Law Rights: In Re Client – Representing his wife as an objectant to the Article 81 proceeding (seeking to have Client declared an Incapacitated Person) filed by the Fulton Center For Rehabilitation and Healthcare, Mr. Stern forced the Center (rated 2 of 5 starts by US News & World Report), and allowing, among other things, Client to fall out of his bed several times within a span of days), Client’s County-appointed attorney, and the County Social Services Department, to consent to transfer Mr. Harris (allowing, and into excellent facilities elsewhere.
  • Legal Malpractice: Client v. XXX, Esq. & XXX Bank (“gag order” in effect). In a residential real estate transaction, Mr. Stern’s Client successfully sued the attorney for legal malpractice and a bank to establish a vendee lien, resulting in a successful settlement in favor of Client that recovered 90% of her loss.
  • Complex Commercial Litigation/Legal malpractice: Outgoing attorney sought $140,000 in attorney fees and attorney lien on file. Upon commencing suit for legal malpractice and fraudulent billing practices, matter was settled for payment to attorney of $40,000.
  • Complex Commercial Litigation: As part of a multi-million contract-fraud case, successfully recovered two luxury vehicles taken in Westchester County through an unconstitutionally-executed civil forfeiture proceeding.
  • Complex Federal Litigation: Client charged with insider trading. Assembling an irrefutable documentary presentation and analysis, the client never had to speak with, nor provide any written testimony or communication of any kind with the S.E.C.

 

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