Hinckley & Heisenberg LLP


CHRISTOPH C. HEISENBERG

Mr. Heisenberg's practice centers on complex commercial litigation, representing clients at trial and on appeal in large commercial matters. Mr. Heisenberg has served as lead trial or appellate counsel for numerous companies in a diverse variety of complex commercial disputes.  In addition, Mr. Heisenberg is fluent in German, and maintains an international practice that represents foreign clients defending or bringing claims in the United States.

Christoph Heisenberg
phone phone: 212-845-9094
fax fax: 212-820-9790
email Email Mr. Heisenberg

CAREER

Winston & Strawn LLP (partner);

Donovan Leisure Newton & Irvine;

New Hampshire State Supreme Court: hired by the Honorable David H. Souter, clerked for Justice Souter's successor, the Honorable Sherman D. Horton.

EDUCATION

Boston College (JD) 
U. New Hampshire (BS) cum laude

PRACTICE GROUPS

Commercial Disputes

Arbitration and Alternative Dispute Resolution:

Securities Disputes:

Intellectual Property Litigation
Appellate Advocacy 

COURT ADMISSIONS

State of New York

Commonwealth of Massachusetts

Second Circuit Court of Appeals

Fourth Circuit Court of Appeals

Ninth Circuit Court of Appeals

U.S. District Courts for the Southern and Eastern Districts of New York and Massachusetts

Representative Matters:

  • Lead trial attorney in a three-week long jury trial in New York Supreme Court. Mr. Heisenberg and his co-counsel Mr. Hinckley secured $3.4 million jury verdict for a real estate broker against sellers of Knickerbocker Village for their termination of a brokerage agreement and against Studley, Inc. for tortious interference with contract. Mr. Heisenberg previously had been retained as appellate attorney and secured an appellate victory in the First Department, reinstating the clients' claims. Katzap v. Knickerbocker Village, (1st Dep't. 2012)

  • Obtained summary judgment in favor of client in the New York Supreme Court Commercial Division against an accounting firm for malpractice in rendering tax advice. Hamadeh v. Spaulding, (N.Y Sup. Ct. 2015)

  • Secured $1 million summary judgment award for a California commercial landlord against tenant's insurer. Sunnyside Development Co. v. Chartis Specialty Ins. Co., (S.D.N.Y. 2012)

  • Secured a $1.2 million judgment against GE Capital Corp. following a full trial of clients' claims that GE Capital had failed to act in a commercially reasonable manner in disposing of clients' aircraft. GE Capital Corp. v. James C. Hilliard, (N.Y. Sup. Ct. 2009)

  • Represented a California judgment creditor seeking to enforce a $5 million judgment obtained against an insolvent judgment debtor. Prosecuted judgment enforcement remedies and fraudulent conveyance claims against the company's former shareholders, as well as against certain of the company's affiliates, to challenge a series of sophisticated corporate acquisitions and divestitures. Sunnyside Development Co. LLP v. Cambridge Display Technology Ltd., 2008 WL 4450328 (N.D.Cal. 2008)

  • Successfully vacated default judgment and obtained dismissal of $6 million claim alleging misappropriation of proprietary and copyrighted computer code. Orbittravel.com v. SCS Solars, Inc. (S.D.N.Y. 2001).

  • Obtained a defense verdict at trial of fraudulent conveyance action arising out of client's LBO of company. MFS/Sun Life v. Van Dusen, 910 F. Supp. 913 (S.D.N.Y. 1995).

  • Served as part of litigation team in preliminary injunction proceedings, jury trial and appellate affirmance of nation's second largest civil verdict ($138 million) for the year 1994. TRW v. Talley Industries, 1996 WL 341946 (9th Cir. 1996).

  • Along with George Hinckley, Mr. Heisenberg was trial counsel for Mapco Alaska Petroleum, obtaining a jury verdict that secured millions of dollars of insurance coverage to help remedy environmental damage at its Alaska refinery. MAPCO v. Central Nat'l Ins. Co. of Omaha (D. Alaska 1993).

  • Successfully defended computer manufacturer Gateway against false advertising class action. Brower v. Gateway, Inc., 676 N.Y.S.2d 569 (1st App. Div. 1998).

  • Served as lead attorney in an arbitration of disputes relating to a computer integration project, obtaining a $1.5 million arbitration award and dismissal of $6 million counterclaim. CGE&Y v. Comm South (N.D. Texas 2002-03).

  • Served as lead attorney in obtaining an order compelling arbitration of employment dispute, and successfully defended company at arbitration hearing. CGE&Y v. Nackel (American Arbitration Association, NY 2003-04).

  • Served as lead attorney during an arbitration of dispute on terms of executive's severance payments. Sorensen v. CGE&Y (American Arbitration Association, N.Y. 2003-04).

  • Represented a financial services consulting firm in a dispute about the terms of a joint venture. CSB Consulting v. American Express (JAMS Arbitration 2000).

  • Represented Italian automotive manufacturer in dispute over contract with Chinese automotive manufacturing company. Fata v. Brilliant (JAMS Arbitration 2001).

  • Represented National Westminster Bank in securities fraud actions arising out of issuance of below-investment grade bonds. W.R. Huff v. Mid- American Waste Services Co. (Ohio 1997-2000).

  • Defended Terra Networks in securities fraud action alleging misrepresentations during a private sale of securities. IDT Corp. v. Terra Networks (D.N.J. 2003-05).

  • Defended tender offeror against 'Best Price Rule' claims. In re Luxottica Group Sec.Lit., 293 F.Supp.2d 224 (E.D.N.Y. 2003).

  • Part of a trial team that successfully prosecuted false advertising and unfair competition claims. Verizon Directories Corp. v. YellowBook (E.D.N.Y. 2004).

  • Assisted Italian eyewear manufacturer in defending against trademark infringement and unfair competition claims. Luxottica v. Bausch & Lomb (S.D.N.Y. 2001).

  • Successfully obtained summary judgment award dismissing $4 million PACA claim against factoring company. Pacific Tomato Growers Ltd. v. Tanimura Distributing, Inc., (C. D.Cal. 2012).

  • Successfully obtained summary judgment award dismissing PACA claims against factoring company. Herrera v. ADD Distrbuting, (D.Ariz. 2011).

  • Successfully advocated on behalf of a commercial bank for the reversal of PACA breach of trust judgment. E.Armata v. Korea Commercial Bank, 367 F.3d 123 (2nd Cir. 2004) and D.H. Rothman, Inc. v. Korea Commercial Bank, 411 F.2d 90 (2nd Cir. 2005).