Quezada v. Juka Innovations Corp. 1:21-CV-04975 (S.D.N.Y. Aug. 19, 2021). Represented (Juka) in an Americans with Disabilities Act class action lawsuit related to the alleged failure to remove accessible barriers on the website and alleged denial of equal access to services, advantages, privileges, and public accommodations. Obtained a settlement in principle and the action was dismissed without costs and without prejudice to restoring the action to the Court’s calendar.

Burbon v. Opinel USA Inc. 1:21-CV-03010 (E.D.N.Y. Oct. 14, 2021). Represented (Burbon) in an Americans with Disabilities Act class action suit alleging failure to make website fully accessible to and independently usable by individuals who are visually impaired. Obtained an order dismissing the case with prejudice pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii).

Burbon v. Embroidery Designs Inc. 1:21-CV-01676 (E.D.N.Y. Oct. 1, 2021). Represented (Burbon) in an Americans with Disabilities Act class action suit alleging failure to make website fully accessible to and independently usable by individuals who are visually impaired. Obtained a settlement and a Stipulation of Dismissal.

Fischler v. Caudabe LLC. 1:21-CV-00955 (E.D.N.Y. June 8, 2021). Represented (Caudabe) in an Americans with Disabilities Act class action suit alleging failure to make website fully accessible to and independently usable by individuals who are visually impaired. Obtained an order of voluntary dismissal of the case by Plaintiff.

Conner v. Snailz, Inc. 1:21-CV-00932 (E.D.N.Y. April 4, 2021). Represented (Snailz, Inc) in a suit alleging failure to make the company’s mobile application fully accessible to and independently usable by blind and visually impaired individuals. Obtained a settlement and an order dismissing the case, subject to reinstatement at the request of any party within 30 days.

Wilson v. Mood Apparel, Ltd. 1:20-CV-00069 (W.D.N.Y. July 9, 2020). Represented (Mood) in an alleged Americans with Disabilities Act failure to design, construct, maintain, and operate its website in a fully accessible and usable format for individuals with disabilities. Resulted in settlement and stipulation of dismissal.

Kiler v. Paddi Murphy Corp. 1:19-CV-06812 (E.D.N.Y. Feb. 18, 2020). Represented (Paddi Murphy Co) in a class action suit seeking the elimination of access barriers to the corporation’s website and to make it fully accessible and independently usable by blind or visually impaired persons. Obtained a settlement and order dismissing the case.

Kogan v. Facebook, Inc. et al. 1:19-CV-02560 (S.D.N.Y. Feb. 14, 2020). Represented (Kogan) in bringing an action against a large social media company and three of its executives alleging defamation per se and defamation per quod, and against the company for the derivative torts of negligent hiring, supervision, and respondeat superior under New York law.

Wildflower + Co., Inc. v. Mood Apparel, Ltd. 1:20-CV-04577 (S.D.N.Y. July 28, 2021). Represented (Mood) in alleging infringement by advertising and selling designs virtually identical to client’s copyrighted work.

Hitachi America Ltd. Enforced trademark rights related to unauthorized use of the marks on the internet on behalf of a multinational conglomerate company, including preparation of international arbitration materials pursuant to ICANN Uniform Domain Name Dispute Resolution Policy.

Gerrard v. Acara Solutions, Inc. 1:18-CV-01041 (W.D.N.Y. July 1, 2020). Represented (Acara) in a putative class action for alleged violations of the Telephone Consumer Protection Act and obtained a motion to dismiss.

Successfully defended numerous business entities in ADA lawsuits challenging the accessibility of websites and mobile applications under federal law.

Local 1522 of Council 4, American Federation of State Cty & Municipal Employees v. Bridgeport Health Care Center, Inc. 3:16-MC-00253 (D. Conn. Feb. 1, 2017). Represented an interested party in a class action suit relating to health insurance coverage.

Local 1522 of Council 4, American Federation of State County & Municipal Employees, et al. v. Bridgeport Health Care Center, Inc. et al. 1:16-MC-00019 (W.D.N.Y Aug. 16, 2016).

Local 1522 of Council 4, American Federation of State County and Municipal Employees et al v. Bridgeport Health Care Center Inc. et al. 3:15-CV-01019 (D. Conn. July 20, 2020).

Fero v. Excellus Health Plan, Inc. 502 F.Supp.3d 724 (W.D.N.Y.), 108 Fed.R.Serv.3d 171. Represented Defendants in a putative class action arising out of a data breach.

Kiler v. Paddi Murphy Corp. 1:19-CV-06812 (E.D.N.Y. Feb. 18, 2020). Represented (Paddi Murphy Co) in a class action suit seeking the elimination of access barriers to the corporation’s website and to make it fully accessible and independently usable by blind or visually impaired persons. Obtained a settlement and order dismissing the case.

In Re Computron Software, Inc., Securities Litigation, 6 F.Supp.2d 313 (D.N.J.1998). Represented a software company in a securities class action related to the company’s public filings, resulting in a settlement of the action.

In Re Facebook, Inc. Consumer Privacy User Profile Litigation, MDL No. 2843, Case No. 18-md-02843-VC. Represented an individual in a high profile Multidistrict Class Action privacy dispute related to Cambridge Analytica and Facebook alleged harvesting of data of up to 87 million Facebook profiles. The case involved the largest recovery ever achieved in a data privacy class action.

Fero v. Excellus Health Plan, Inc. 502 F.Supp.3d 724 (W.D.N.Y.), 108 Fed.R.Serv.3d 171. Represented Defendants in a putative class action arising out of a data breach.

Affy Tapple, LLC v. ShopVisible, LLC, No. N18C-07-216 MMJ CCLD, 2019 Del. Super. LEXIS 867 (Super. Ct. Mar. 7, 2019). Represented corporate plaintiff in action against an e-commerce service provider related to liability resulting from a data breach of the service provider’s systems.

Anonymous client, Ohio. Represented national online retailer in initial stages of class action litigation arising from data security incident, including analysis of potential liability, settlement options, and defense strategies.

Studco Bldg. Sys. United States, LLC v. 1st Advantage Fed. Credit Union, 509 F. Supp. 3d 560 (E.D. Va. 2020). Represented a corporate plaintiff in connection with a wire and email fraud scheme in federal court resulting in findings that the financial institution failed to abide by state law or act in a commercially reasonably manner.

Anonymous client, Colorado. Conducted detailed forensic tracing involving crypto wallets, and performed legal liability analysis arising from a complex international bitcoin fraud scheme perpetrated through an online social media platform.

Anonymous client, Florida. Pursued liability claims against a national financial services provider arising from a data breach and subsequent criminal wire fraud phishing scam.

Anonymous client, New Jersey. Represented a data services provider concerning privacy claims and disputes with third parties.

Anonymous client, Florida. Represented the victim of a criminal phishing scam whose personal information was present on the dark web as a result of a cybersecurity incident involving a national financial services provider. Coordinated with state law enforcement, sought relief through state and federal regulatory bodies, and pursued civil action arising from the data breach.

Anonymous client, New York. Pursued non-party discovery from domain name registrars on behalf of an individual defending claims of defamation on the internet.

Represented a multi-state company in complex litigation involving employee fraud and creditor/debtor rights under the Uniform Commercial Code.

Perez v. Bridgeport Health Care Center, Inc. et al. 3:16-CV-01519 (D. Conn. July 13, 2020). Represented an interested party (Meritain Health Inc.) in a suit relating to the removal of an individual as Health Plan’s administrator due to failure to perform proper accounting and engagement in prohibited transactions relating to the transfer of the Plan’s assets.

Developed successful novel arguments for health care organization denied several hundreds of thousands in reimbursement claims where carrier alleged failures of organization to present information in a verification of claim denial.

Excellus – Represented a health care entity against allegations of purported compromise of personal information of Plaintiff Policy Holders.

Represented a health care entity in obtaining 200+ competitive bid contracts, including subcontractor agreements related to servicing of the competitive bid jurisdictions.

Successfully advised and represented health care organizations related to False Claims Act, Anti-kickback Act, and Stark Law alleged violations and cost recovery actions.

Developed successful novel arguments for health care organization concerning organization’s alleged claim of failing to provide certain information.

Numerous members of our team have experience representing various insurance carriers and their insureds in state court matters, including but not limited to, subrogation, premise liability, dram shop, and motor vehicle accidents. We have achieved favorable settlements in favor of defendants in actions related to personal injury and subrogation matters.

Complex Water Leaks: Represented insurance companies that insured residential buildings in the defense of subrogation claims involving incidents where residents submitted claims to their own insurance companies for damage to personal property and costs of relocations. One such case involved a water leak that impacted multiple apartment units alleged to have stemmed from a faulty roof repair. At the time of departure from representation, the case remained ongoing.

Motor Vehicle Property Damage: Represented the defense of insurance companies where its insured drivers involved in motor vehicle accidents were alleged to be at fault for a motor vehicle accident, in which the insurance company of other drivers involved would file subrogation claims to recoup costs of damage repair. One action involved the representation of a garbage truck company where it was alleged a garbage dumpster was negligently placed, where the dumpster moved and made contact to an individual’s vehicle causing damage. A favorable settlement was made on behalf of the client.

Rich Products Corp v. Choptank Transport, Inc. et al. 1:15-CV-01398 (D. Md. March 8, 2016). Represented national transporter shipping company concerning breach of contract matters.

Energy Brands Inc. v. Jorgensen et al. 1:09-CV-00591 (W.D.N.Y. Jan 14, 2013). Represented individual and cross-claimant regarding misrepresentation of contract information, obtaining a motion to dismiss the case.

Successfully represent corporate entity in litigation enforcing non-competition contract provisions, resulting in large damages award and order for competitor to cease operations.

Successfully defended financial services subsidiaries of an American multinational automobile manufacturer in numerous actions involving retail installment contracts and theories of abrogation.

Represented real property development and construction companies in several actions concerning contract disputes, zoning issues, and business operations and received positive results.

Negligence & Fraud Claims Under State and Federal Law

Represented construction company in federal court lawsuit under federal statute regarding negligence claims. Scott

Assisted client’s counsel related to $1-million fraud action and obtained successful outcome resulting from an investigation and evaluation of deficiently developed international point-of-sale hardware and software.