 phone: 212-845-9094
fax: 212-820-9790
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
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Representative
Matters:
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Along with Mr. Hinckley, obtained full satisfaction of China International Economic and Arbitration Commission (“CIETAC”) arbitration award. Heze Huayi Chemical Co., Ltd v. Oreq Corporation,
Case No. 5:24−cv−02489−JGB−SP (C.D.Cal. 2024)
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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 against an accounting firm for malpractice in rendering tax advice. Hamadeh v. Spaulding,
(N.Y Sup. Ct. 2015)
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Obtained summary judgment dismissing claims against FJerry in action alleging breach of promotion obligations. Frat Star Move LLC v. Tebele, 2018 WL 3995974 (N.Y. Sup. Court Aug 20, 2018), affirmed 174 A.D.3d 411 (1st Dept. 2019)
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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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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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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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Part
of a trial team that successfully prosecuted Lanham Act 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 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).
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