phone: 212-759-4933
fax: 212-656-1531
Email Mr. Hinckley

CAREER

Donovan Leisure Newton & Irvine LLP,

Bienstock & Clark PC

Representative Matters:

• 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)
  

• Lead attorney in American Arbitration Association proceedings. Mr. Hinckley and his co-counsel Mr. Heisenberg 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
  

•  Obtained a settlement of a nationwide class action against Subaru based upon the Federal Odometer Act. The settlement will provide Subaru owners with benefits valued at approximately $60 million. The settlement will extend consumer warranties and reimburse consumers for excess lease mileage charges and prior automobile repairs. Vasilas v. Subaru of America, Ltd. (S.D.N.Y. 2010).
  

•  Collected $3.6 million settlement from HSBC Bank in civil RICO action brought on behalf of Japanese investors defrauded by a commodities Ponzi scheme.
  

• Obtained $1.3 million settlement from major broker-dealer bank on behalf of three families that were sold fraudulent investments.
  

• Obtained and collected a $2 million judgment in action brought against a European cable television operator by one of its former partners.
  

• Successfully obtained six-figure settlement in copyright infringement action brought on behalf of freelance graphic artist whose designs were used by former employer.
  

• Successfully obtained six-figure settlement in federal action for breach of fiduciary duty brought on behalf of Japanese public company against its former US joint venture partner in proposed restaurant in a major Manhattan hotel.
  

• 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)
  

• Represented Donovan Leisure Newton & Irvine LLP and twenty-three of its former partners in successful resolution of pension fund dispute.
  

• Represented U.K. pension fund in RICO and fraudulent conveyance actions in New York bankruptcy court. Actions arose out of complex international fraud against investors by antique toy company. In re Mint & Boxed Litigation (Bankr. S.D.N.Y.)
  

• Obtained dismissal of federal action seeking multimillion dollar finder's fee for sale of interest in Memphis oil refinery to Nigerian government. Decision affirmed on appeal. A.I.C. Ltd. v. MAPCO Petroleum Inc., 711 F. Supp. 1230 (D. Del.), aff'd, 888 F. 2d 1378 (3d Cir. 1989).
  

• Litigated four-year-long action in Alaska federal court against eight insurance companies, obtaining favorable jury verdict and multimillion dollar settlements from defendants to fund recovery of environmental cleanup costs. MAPCO Alaska Petroleum Inc. v. Central National Ins. Co. of Omaha, 795 F. Supp. 941 (D. Alaska 1991).
  

• Defended against $60 million claim for oil shipments brought by Iranian oil company against U.S. oil company in four separate federal actions in and three appeals. Obtained summary judgment or dismissal in all actions and prevailed in all appeals.  National Iranian Oil Co. v. MAPCO Int'l Inc., 983 F. 2d 485 (3d Cir. 1992); National Iranian Oil Co. v. MAPCO Int'l Inc., 825 F. Supp. 77 (D. Del. 1993), aff'd, 19 F. 3d 643 (3d Cir. 1994).