HINCKLEY & HEISENBERG LLP

Successfully enforced $780,000 China International Economic and Trade Arbitration Commission (“CIETAC”) arbitration award.

Secured $8.4 million American Arbitration Association award and collected a New York judgment on behalf of EB-5 investors and lenders against issuers and borrowers NCM USA Bronx LLC and Tessler Developments LLC. The investors obtained a full recovery.

Mr. Heisenberg was the lead attorney in arbitration of disputes relating to a computer integration project, obtaining a $1.5 million arbitration award and dismissal of a $6 million counterclaim.

Mr. Hinckley represented Japanese investors defrauded by a commodities Ponzi scheme; collected a $3.6 million settlement.

Mr. Hinckley obtained $1.3 million recovery for three families defrauded by a hedge fund Ponzi scheme recommended by an investment advisor of a major U.S. bank.

Represented a U.K. pension fund in RICO and fraudulent conveyance actions arising from a complex international fraud against investors by an antique toy company.

H&H obtained settlement of nationwide class action against Subaru based on the Federal Odometer Act. The settlement provided Subaru owners with benefits valued at approximately $60 million.

Mr. Heisenberg and Mr. Hinckley were trial counsel for the plaintiff in a three-week jury trial securing a $3.4 million verdict for a real estate broker against the sellers of Knickerbocker Village for termination of a brokerage agreement and against Studley, Inc. for tortious interference. H&H previously secured an appellate victory in the First Department reinstating the client’s claims.

Mr. Heisenberg obtained a $1.2 million trial verdict and judgment against GE Capital based on its failure to adhere to U.C.C. duties in disposing of defendants’ property.

Mr. Heisenberg was part of trial team in preliminary injunction proceedings, jury trial, and appellate affirmance of the nation’s second-largest civil verdict ($138 million) for the year 1994.

Mr. Hinckley and Mr. Heisenberg were trial counsel in a four-year action against eight insurance companies, obtaining a favorable jury verdict in the U.S. District Court for the District of Alaska and multimillion-dollar settlements to fund recovery of environmental cleanup costs at an Alaska refinery.

Mr. Heisenberg obtained defense verdict at trial of fraudulent conveyance action arising out of a leveraged buyout.

H&H obtained summary judgment dismissing claims alleging breach of promotion obligations; affirmed by the First Department.

Mr. Heisenberg successfully advocated on behalf of a commercial bank for the reversal of a PACA breach-of-trust judgment.

Defended a U.S. oil company against a $60 million claim by an Iranian oil company in four federal actions and three appeals. Obtained summary judgment or dismissal in all actions and prevailed in all appeals.

Obtained dismissal of federal action seeking a multimillion-dollar finder’s fee for the sale of an interest in a Memphis oil refinery to the Nigerian government. Decision affirmed on appeal.

H&H represented commercial landlord and obtained summary judgment for the full $1 million policy limit on a Pollution Liability Policy issued by an AIG affiliate for pollution damage to property.

Mr. Heisenberg obtained summary judgment in favor of client against an accounting firm for malpractice in rendering tax advice.

Mr. Hinckley obtained dismissal of claims of tortious interference and breach of fiduciary duty in action by a partner of a hedge fund limited partnership.

Mr. Hinckley represented K Squared Capital, a hedge fund, in an action by a former partner seeking payments based on termination of a partnership interest. Obtained dismissal of all fraud claims and successful resolution of the dispute.

H&H represented sellers of a family business in a dispute over the purchase-price payout. Defeated defendants’ motion for a preliminary injunction enforcing a non-competition provision and their motion to dismiss; the action settled shortly thereafter.

Mr. Heisenberg was part of trial team that successfully prosecuted Lanham Act false-advertising and unfair-competition claims.

Successfully represented Italian eyewear manufacturer in defense of trademark-infringement and unfair-competition claims.

H&H represented a California judgment creditor in enforcing a $5 million judgment against an insolvent judgment debtor. Through coordinated multi-jurisdictional proceedings in New York, California, and a U.K. insolvency, prosecuted judgment-enforcement remedies and fraudulent-conveyance claims against the company’s former shareholders and affiliates.