Litigation &Dispute Resolution

Coviello Weber & Dahill LLP lawyers have years of experience handling business disputes across a wide range of subject matters and industries. We offer expert litigation services and dispute resolution services, representing individuals and businesses at all levels and stages, from start-ups to public companies. We handle matters from pre-litigation through trial and appeal, as well as mediation and arbitration. From smaller disputes to the most complex, high-stakes litigation, we are fierce advocates and problem solvers. We pride ourselves on our practical and creative approach to dispute resolution and our record of results for our clients. Representative matters are summarized below.* 

An Yellow Umbrella in a Group of Green Umbrellas

Commercial Litigation

  • Successful bench trial obtaining an order directing that residuals held in escrow be distributed to the client; dispute arose over which secured party had priority to the residuals.

  • Representation of leading financial guaranty insurer in its objection to the petition for judicial approval of leading bank’s proposed global RMBS settlement via a highly publicized Article 77 proceeding in New York state court, resulting in a nearly $1 billion settlement of insurer’s objection and other disputes and litigation against bank defendant.

  • Representation of insurer, as financial guarantor of hundreds of millions in bonds, in a lawsuit against leading asset manager for investing and then maintaining the underlying portfolios in subprime and Alt-A mortgage-backed securities, thereby causing very significant losses. After two weeks of trial, the case was settled on confidential terms.

  • Representation of Swann Analytics in successful opposition through a preliminary injunction evidentiary hearing of a franchise termination dispute in federal court in New Haven.

  • Representation of Westinghouse Air Brake Technology Company in asbestos personal injury cases brought by New York Transit Authority employees; successfully obtained summary judgment in multiple matters.

  • Representation of leading reinsurance company, as reinsurer of Midland Insurance Company, in connection with Midland’s liquidation proceedings in New York Supreme Court, including trial proceedings concerning coverage defenses applicable to $45,000,000 settlement of asbestos claims and related appellate matters.

  • Representation of company founder pursuing claims for theft of business opportunity and breach of compensation agreement.

  • Secured temporary restraining order on behalf of broker-dealer to prevent a former executive from possessing, using, or disclosing stolen confidential business information.

  • Representation of parties in disputes concerning non-disclosure agreements.

Securities and Financial Products Litigation

  • Obtained FINRA arbitration award requiring securities firm to repurchase at par $100 million in illiquid municipal auction rate securities.

  • Representation of specialty finance company in prosecution of claims against more than 100 major banks challenging ipso facto defaults declared on swap transactions after bankruptcy filing, leading to substantial settlement recoveries for the bankruptcy estate.

  • Representation of the trustee of litigation trusts formed in connection with the bankruptcy of a laboratory testing company pursuing investor losses from leveraged term loan notes issued as part of a $1.8 billion dividend recapitalization.

  • Representation of leading investment bank in the Initial Public Offering Securities Litigation, the largest coordinated securities litigation proceeding in history comprising 310 class actions, obtaining reversal of class certification and favorable settlement.

  • Representation of leading investment bank in excess compensation and short-swing profit cases.

  • Representation of officers and directors against claims arising out of RMBS offerings. Bankruptcy-Related Litigation.

Private Client

  • Representation of an investment banker in action seeking damages for breach of an oral contract and misrepresentation resulting in a multimillion-dollar judgment for the client, including an award of punitive damages, after a two-week jury trial in federal court in Bridgeport, Connecticut.

  • Representation of estate in a FINRA proceeding which recovered funds withdrawn from an investment account based on forged signatures.

  • Representation of family in BCL Dissolution proceedings for closely held business.

  • Representation of family in successful FINRA arbitration claims and subsequent confirmation and appeal affirming a $3.5 million arbitration award against a securities broker.

  • Representation of investor with respect to the analysis of potential claims and recoveries in connection with offshore fund liquidation proceedings.

Hedge Funds & Private Equity

  • Representation of leading hedge fund manager as a minority shareholder in the prosecution of direct and derivative claims for breaches of fiduciary duty and other misconduct related to self-interested financing transactions by company insiders. Reached favorable settlement after filing a brief in opposition to defendants’ motions to dismiss.

  • Representation of limited partner of a fraudulently operated hedge fund in action seeking dissolution of fund and appointment of liquidating trustee.

  • Representation of private equity firm in defense of claims alleging fraudulent inducement relating to the asset purchase agreement, resulting in a favorable settlement.

  • Representation of portfolio company of leading private equity firm in purchase price adjustment dispute and related issues arising out of multi-hundred million dollar acquisition.

  • Representation of former limited partner of a dissolved hedge fund in a suit by liquidating trustee seeking recoupment of allegedly wrongful partnership distributions.

  • Representation of noteholders evaluating merits and probabilities of rights and claims under indentures and credit agreements.

Partnership Disputes & Business Divorces

  • Representation of clinical research organization in connection with a dispute concerning the counter-party’s termination of an agreement relating to a drug study.

Government Investigations & Enforcement Proceedings

  • Representation of individuals and entities in connection with formal and informal investigations by the SEC and the New York State District Attorney’s office on securities-related matters.

Corporate Governance & Shareholder Rights

  • Representation of leading hedge fund, as an investor, challenging self-interested conduct of controlling insiders in breach of fiduciary duties.

Professional Malpractice

  • Representation of creditor/investor trust in cross-jurisdictional litigation of claims against an auditor for negligent and intentional misrepresentations to investors in connection with two flawed audits, defeating auditor’s effort to force arbitration of claims in New York State Court and defeating auditor’s demurrer with respect to a significant number of claims in California State Court.

  • Jury trial in New Jersey State Court representing the plaintiff in an accounting malpractice action; successful settlement after openings.

  • Secured favorable pre-suit settlements from two prominent law firms following mediation of claims relating to professional malpractice and other wrongdoing in connection with the law firm client’s massive fraud.

  • Representation of prominent global law firm in connection with professional negligence, aiding and abetting fraud and state securities law violations, and fraudulent transfer claims arising out of law firm client’s multi-billion dollar Ponzi scheme.

Media, Entertainment & Sports Litigation

  • Representation of Art Capital Group in successful litigation enforcing secured lender’s rights against Annie Leibovitz.

  • Representation of major music streaming company in discovery matters before the United States Copyright Royalty Judges.

  • Representation of creator in children's television show in regaining ownership of the intellectual property after partner filed for Chapter 11 bankruptcy.

M&A-related Litigation

  • Negotiated favorable settlement of direct and derivative claims on behalf of a group of investors in the target company in the midst of M&A negotiations.

Construction Litigation

  • Successful motion to dismiss based on lack of personal jurisdiction over Connecticut-based contractor sued in New York court.

  • Representation of a nursing home, Ruby Western Manor, in a $30 million dispute with the general contractor and 18 subcontractors involving delays, cost overruns, and costs to complete; reached a favorable resolution after three weeks of jury trial in Brooklyn. Arbitration, Mediation, and ADR

  • Obtained FINRA arbitration award requiring securities firm to repurchase at par $100 million in illiquid municipal auction rate securities.

  • Obtained arbitration award against the seller of residuals for misrepresentation; obtained federal court award confirming the arbitration award and having that court pierce the corporate veil to have the award enforceable against the individual sellers.

  • Successful defense in AAA arbitration of “AHAlife” from claims by a founder seeking one-third of the company’s equity; claim withdrawn after one and a half days of cross-examination of the claimant.

  • Representation of a U.S. broker/dealer in five-year arbitration, confirmation proceedings, and appeals resulting in the denial of multi-million dollar employment and whistle-blower claim and a defamation claim arising out of statements made in a Form U-5 as well as complex securities issues involving allegations of mispricing of illiquid investment grade, convertible and high yield bonds and the effect thereof on regulatory filings of the broker/dealer.

Litigation Finance Counseling 

  • Counseling funders and other investment funds on litigation finance and legal asset investment opportunities, including due diligence on legal merits and risks and valuation matters.

Bankruptcy-Related Litigation

  • Representation of trustee of post-confirmation litigation trusts in connection with a portfolio of litigation to secure a recovery for nearly $2 billion of losses suffered by estate and creditors.

  • Representation of specialty finance company in prosecution of claims against more than 100 major banks challenging ipso facto defaults declared on swap transactions post-petition.

  • Representation of administrative agent bank and affiliated investment bank in multi-billion dollar bankruptcy-related litigation, Adelphia Recovery Trust v. Bank of America, et al., resulting in a favorable settlement.

  • Representation of leading commercial bank and affiliated entities and individuals in litigation in both bankruptcy court and district court arising out of massive Ponzi scheme.

  • Representation of major music streaming services in defense of claw-back claim asserted by the bankrupt ad-placing agency.

  • Representation of distressed debt investment firm as a creditor in a bankruptcy proceeding and with respect to discovery proceedings in a related adversary proceeding.

*List of representative matters includes those handled by our lawyers prior to the launch of Coviello Weber & Dahill LLP.

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