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Lead attorney in American Arbitration Association proceedings. Mr. Heisenberg and his co-counsel Mr. Hinckley secured $8.4 million award on behalf of investors and lenders against issuers and borrowers NCM USA Bronx LLC and Tessler Developments LLC. Big Apple Capital Lenders LLC et al v. Tessler,
AAA Case No. 01-21-0003-8672
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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)
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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)
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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)
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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)
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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)
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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).
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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).
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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).
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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).
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Successfully defended computer manufacturer Gateway against false advertising class action. Brower v. Gateway, Inc., 676 N.Y.S.2d 569 (1st App. Div. 1998).
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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).
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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).
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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).
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Represented
a financial services consulting firm in a dispute about the terms of a joint
venture. CSB Consulting v. American Express
(JAMS Arbitration 2000).
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Represented Italian automotive manufacturer in dispute over contract with Chinese automotive manufacturing company. Fata v. Brilliant
(JAMS Arbitration 2001).
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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).
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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).
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Defended tender offeror against 'Best Price Rule' claims. In
re Luxottica Group Sec.Lit.,
293 F.Supp.2d 224 (E.D.N.Y. 2003).
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Part
of a trial team that successfully prosecuted false advertising and unfair competition claims. Verizon
Directories Corp. v. YellowBook
(E.D.N.Y. 2004).
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Assisted Italian eyewear manufacturer in defending against trademark infringement and unfair competition claims. Luxottica
v. Bausch & Lomb
(S.D.N.Y. 2001).
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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).
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Successfully obtained summary judgment award dismissing PACA claims against factoring company. Herrera
v. ADD Distrbuting, (D.Ariz. 2011).
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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).