PRACTICE AREAS

The broad expertise of the Firm encompasses, by way of example, the following noteworthy victories:

FEDERAL SECURITIES MATTERS

The Firm won a substantial award in a complex NASD arbitration for sophisticated traders by establishing that their trading losses were caused by the false promise of margin for a large block of shares, as well as miscalculation of available margin displayed by the on-line brokerage firm's computer program. We then successfully cross-petitioned to confirm the award in federal district court, defeating a petition to vacate predicated on the alleged absence of loss causation.

We prosecuted consolidated arbitration claims for civil RICO damages on behalf of high net-worth investors against a major broker-dealer, recovering a settlement of over $1 Million, covering 90% of the investors' losses.

The Firm vigorously contested an SEC enforcement action in federal district court for alleged sales practice violations and obtained a favorable settlement in the face of the SEC's persistent demands for a permanent injunction and disqualification from the securities industry.

Our attorneys zealously defended a broker in an NASD disciplinary proceeding, resulting in a favorable settlement despite the NASD's initial demand for a permanent bar from the industry.

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INTERNATIONAL COMMERCIAL MATTERS

The Firm obtained a $9 Million settlement in a civil RICO case arising out of fraud and mismanagement of a large Russian business entity by its American agent, which engaged in pervasive self-dealing.

We won a temporary restraining order against Credit Suisse for dishonor of an $8 Million Letter of Credit. The TRO included a provision preventing the bank, worldwide, from disposing of the proceeds of the Letter, which was paid in full shortly thereafter.

Our attorneys successfully prosecuted two actions against Chase Manhattan Bank to recover large deposits placed at its foreign branches. The cases involved the complex interaction of federal and state banking law and the Act of State doctrine. We won a jury verdict and affirmance in the Second Circuit in one case and successfully appealed the dismissal of the second case to the First Circuit. These seminal decisions, the subject of scholarly review and notoriety in the international financial community, made a lasting impact on banking practices in the Eurodollar deposit market.

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WHITE COLLAR CRIMINAL MATTERS

The Firm prevented a mail fraud indictment of the CEO of a $25 million company by persuading the U.S. Attorney's Office that this private business dispute was not appropriate for federal prosecution.

We convinced the Government to dismiss a federal indictment because of the absence of any interstate commerce connection to the alleged offense.

The Firm safely brought a regional Medicare provider through several federal and state criminal investigations that persisted over a six-year period. We defeated an administrative suspension from the Medicare program by obtaining a preliminary injunction in federal court on due process grounds.

We represented a major New York City municipal contractor and a related corporate entity charged in the first criminal Clean Air Act prosecution in the Northeast region for asbestos violations. After extensive pre-trial motions, the Firm negotiated a plea agreement to protect the municipal contractor.

The Firm successfully represented a senior officer of an established broker-dealer through wide-scale civil and criminal investigations by the SEC, NASD and several U.S. Attorneys' offices.

Mr. Heinemann has won acquittals for the Firm's clients in a number of federal and state criminal trials involving, inter alia, securities fraud, immigration fraud, embezzlement and conspiracy charges. One particularly noteworthy result was the acquittal of an accountant charged with securities fraud in connection with the financial statements of a newly-merged entity.

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INTELLECTUAL PROPERTY MATTERS

The Firm successfully prosecuted a violation of a trademark licensing agreement, including a settlement for attorney's fees.

We negotiated a substantial settlement for a noted photographer whose copyright was infringed by a national retailer.

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We won a complete dismissal of an action brought by a California real estate firm against Organic, Inc. (a subsidiary of Omnicom Group) and four of its officers and employees. The complaint, seeking over $25 million for the plaintiffs' alleged procurement of several commercial leaseholds nationwide, was dismissed as against all of the Firm's clients on grounds of lack of in personam jurisdiction and failure to plead a cause of action.

The Firm investigated and filed a complex qui tam action against a major defense contractor, resulting in Justice Department intervention and a $5 Million settlement.

We conducted an evidentiary hearing on a preliminary injunction motion to prevent a client's partners from disbursing substantial partnership assets, thereafter settling the case for an amount equivalent to the client's full interest in the partnership.

Our attorneys obtained a full recovery of a large commercial debt owed to a major Long Island manufacturer through motions for preliminary relief and seizure of the debtor's collateral.

We won summary judgment for a business broker, including accelerated payment of a substantial six-figure fee for the merger of two accountancy firms.

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OTHER MATTERS

The Firm won a $3.75 Million civil rights jury verdict in federal court in Puerto Rico, sustaining the verdict on appeal to the First Circuit.

The Firm handled a complex federal employment termination case against the U.S. Treasury Department. We conducted a hearing before the U.S. Merit Systems Protection Board and successfully appealed its adverse ruling to the Federal Circuit, recovering a half million dollar back-pay judgment and a record attorney's fee award.

Our attorneys prosecuted a will contest and recovered a substantial settlement for the heirs despite their express exclusion from successive wills.

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