Founded in 2000 by George R. Hinckley, Jr., Hinckley & Heisenberg has developed a reputation as a notable boutique firm with a proven capability of opposing and 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 mid-town Manhattan, the nature of our cases makes our practice national, and has brought success in courtrooms throughout the country, from California to New York. The firm's litigation group constitutes its core practice area. We are able to provide our clients the 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. As a result of this involvement in some of the country's largest and important financial cases, we know what it takes to litigate the most complex commercial disputes. Because the firm has significantly less overhead than larger firms, we can offer our clients this 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 Litigation Successes: Class Action Litigation: Hinckley & Heisenberg currently represents a nation-wide class of plaintiffs bringing claims against Subaru based upon violation of the Federal Odometer Act and breach of express warranty. The Court has granted preliminary approval of a settlement with Subaru. 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: 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. 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) Fraud Recovery: Hinckley & Heisenberg obtained recovery of $1.4 million for three families defrauded by a hedge fund Ponzi scheme recommended by an investment advisor of a major U.S. bank. 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)