Founded in 2000 by George R. Hinckley, Jr., Hinckley & Heisenberg has developed a reputation as a boutique firm with a record of prevailing against this country's most renowned firms. The firm caters to a diverse clientele, ranging from mid-sized companies that require skilled attorneys with experience in complex commercial litigation to investors who have suffered losses due to others' financial misconduct. Based in Manhattan, the nature of our cases makes our practice national, and has brought success in courtrooms throughout the country. Litigation is the firm's core practice area. We are able to provide our clients the same sophisticated representation found at the major U.S. law firms because each of our attorneys developed at major legal firms, whose litigation practices were ranked as among the country's best by the American Lawyer and National Law Journal. Messrs Hinckley, Heisenberg, and March all practiced together at Donovan Leisure Newton & Irvine LLP, Mr. Heisenberg was also a partner at Winston & Strawn LLP..
As a result of our involvement in some of the country's largest and important financial cases, we know what it takes to litigate complex commercial disputes. Because the firm has significantly less overhead than larger firms, we offer our clients large firm experience at a significantly lower cost. In addition to our experience in judicial settings, our attorneys also have developed significant experience in resolving disputes in other settings, including the Alternative Dispute Resolution ("ADR") procedures of arbitration before the AAA, JAMS/Endispute and NASD arbitrations. Lastly, following the trial process, our attorneys have appellate experience winning key victories in the United States Courts of Appeals and in New York's appellate courts. Recent Cases: $8.4 million Arbitration Award: Hinckley & Heisenberg recently obtained an $8.4 million arbitration award on behalf of a group of investors against NCM USA Bronx LLC, and Tessler Developments LLC Big Apple Capital Lenders LLC v. Tessler, AAA Case No. 01-21-0003-8672 $3.4 million trial verdict: Hinckley & Heisenberg recently obtained a $3.4 million jury verdict for a real estate broker following a three-week long trial in New York State Supreme Court. Katzap v. Knickerbocker Village, N.Y. Supreme Ct. 2015. Summary judgment on accounting malpractice claim: Hinckley & Heisenberg recently obtained summary judgment against a major accounting firm in New York State Supreme Court. Hamadeh v. Spaulding (N.Y. Supreme Ct. 2015) Nationwide Class Action Litigation: Hinckley & Heisenberg recently obtained settlement of nationwide class action against Subaru based upon the Federal Odometer Act. The settlement, approved by the U.S. District Court, provided Subaru owners with benefits valued at approximately $60 million. The settlement will extend consumer warranties and reimburse consumers for excess lease changes and prior automobile repairs. Vasilas v. Subaru of America, Ltd. (S.D.N.Y. 2009.) See also Class Action Proceeds Against Subaru Over Defective Odometers, New York Law Journal, August 28, 2009
$1.2 Million Judgment Against GE Capital: Hinckley & Heisenberg obtained a $1.2 million judgment against GE Capital following a trial based upon GE Capital's failure to adhere to its U.C.C. duties in disposing of defendants' property. GE Capital Corp. v. Hilliard (N.Y. 2009.)
Commercial Business Disputes: Hinckley & Heisenberg recently obtained dismissal of claims seeking a finders' fee in an action between two investment banking firms. Inventure Capital, LLC v Ameriasli Partners, LLC (N.Y. 2010)
Claims Dismissed Against K Squared Capital Hedge Fund: Hinckley & Heisenberg represented the K Squared hedge fund in an action filed by a former partner seeking payments based upon the termination of a partnership interest, obtaining dismissal of all fraud claims and successful resoulation of the dispute. Lane v. K Squared Capital GP LLC, et al. (N.Y. County 2008)
Judgment Enforcement; Creditor Rights; Fraudulent Conveyances: Hinckley & Heisenberg represented a California judgment creditor seeking to enforce a $5 million judgment obtained against an insolvent judgment debtor. Through coordinated multi-jurisdictional proceedings in New York, California and a UK Insolvency Proceeding, Hinckley & Heisenberg 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.)
Appellate Victory: Hinckley & Heisenberg obtained return of escrow deposit for buyer of real property. Krainin v. McCusker, 45 A.D.3d 738 (2d Dept. 2007) Victory in Non-Competition Suit: Hinckley & Heisenberg represented sellers of a family
business in a dispute against the purchasers concerning the payout of the
purchase price. Following a hearing on a preliminary injunction in the United
States District Court for the Southern District of New York, the Court denied
Defendants' request for an injunction enforcing a non-competition provision to
prevent seller from taking on a position with a new employer. After the Court
denied defendants' motion to dismiss the complaint, the action settled on favorable terms. Hertzoff v. Diaz, 533 F. Supp.2d 470 (S.D.N.Y. 2008) $1.3 Million Fraud Recovery: Hinckley & Heisenberg obtained recovery of $1.3 million for three families defrauded by a hedge fund Ponzi scheme recommended by an investment advisor of a major U.S. bank. $3.6 Million Fraud Recovery: Hinckley & Heisenberg represented Japanese investors
defrauded by a commodities Ponzi scheme, and collected $3.6 million
settlement from HSBC Bank in civil RICO action.
Appellate Victory: Hinckley & Heisenberg successfully represented a New York Bank on appeal of a breach of trust action alleging that defendant
received trust property in breach of a trust created under the U.S.
Perishable Agricultural Commodities Act ("PACA"). Abbey Produce Co. v. Korea Commercial Nat. Bank, , 2009 WL 1174673
(2d Cir. May 1, 2009)