Nationwide Class Action Litigation: * Represented Japanese investors defrauded by a commodities Ponzi scheme. Collected $3.6 million settlement from HSBC Bank in civil RICO action. * Obtained recovery of $1.3 million for three families defrauded by hedge fund Ponzi scheme recommended by investment advisor of major US bank. Insurance Coverage Claims: Business Disputes: * 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. Hertzoff v. Diaz, 533 F. Supp.2d 470 (S.D.N.Y. 2008)
Hinckley & Heisenberg is experienced in handling a broad variety of commercial disputes. Among our recent cases, the firm:
* Obtained a settlement of a nationwide class action against Subaru based upon the Federal Odometer Act. The settlement provided Subaru owners with benefits valued at approximately $60 million. The settlement will extend consumer warranties and reimburse consumers for excess lease charges and prior automobile repairs. Vasilas v. Subaru of America, Ltd. (S.D.N.Y. 2010).
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* Represented a commercial landlord and obtained summary judgment for entire $1 million Pollution Liability Policy issued by AIG affiliate for pollution damage to property. Sunnyside Development Co. LLP v. Chartis, (S.D.N.Y. Jan. 27, 2012).
* Hinckley & Heisenberg obtained dismissal of claims of tortious interference and breach of fiduciary duty in action by shareholder of limited partnership.Valiquette v. BL Partners Index No. 651439 (NY Supreme Court Commercial Div. Aug. 3, 2011)
* Represented K Squared Capital, a 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 resolution of the dispute.
Lane v. K Squared Capital GP LLC, et al. (N.Y. County 2008).
* Obtained dismissal of claims seeking a finders' fee in action between two investment banking firms. Inventure Capital, LLC v Ameriasia Partners, LLC (N.Y. 2010).
Creditor Rights; Judgment Enforcement; Fraudulent Conveyances:
* Obtained a $1.2 million trial verdict and 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).
* 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.)
Defense of PACA Claims:
* 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).
