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Victory at The United States Supreme Court
The firm won a landmark case in the United States Supreme Court on June 5, 2006, by a vote of 8 to 1. In a decision written by Justice Anthony Kennedy, the Court ruled that our client could not be sued by a competitor under the Racketeering Influenced and Corrupt Organizations Act (RICO) for allegedly injuring the competitor by defrauding the State of New York. The Supreme Court held that the competitor could not seek damages for any claimed lost business because the injury was too attenuated from the alleged fraud.
The competitor claimed that our client had been able to lower its prices by virtue of not paying New York State sales tax and thereby stole the competitor's customers. The Supreme Court ruled, however, that even if the alleged fraud on the State had occurred, it was not the "proximate cause" of the competitor's injury. Instead, the Court found that our client "could have lowered its prices for any number of reasons unconnected to the asserted pattern of fraud."
Anza v. Ideal Steel Supply Corp., 126 S.Ct. 1991 (No. 04-433, June 5, 2006) available at here
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Patrick L. Ferriere speaks at Seminar Corporate partner Patrick L. Ferriere was a speaker at the 2nd Winter Seminar co-sponsored by the Union Internationale des Avocats, and the by the American Bar Association Sections on Litigation and International Law. This year's Seminar dealt with representations and warranties in acquisition agreements, and focused on best practices for structuring as well as litigating and arbitrating them. The Seminar, held in Sestriere, Italy from February 17 to 24, was attended by over 50 attorneys from countries of Western Europe, the United States, Canada, and Israel. Mr. Ferriere presented a paper on material adverse effect representations and warranties in acquisition agreements. Click here to view full text of Mr. Ferriere's paper. |
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Canadian Cross-Border Seminar Includes Presentation by Kathleen M. Kundar The Law Association of Hamilton, Ontario, Canada, held its Second Annual Emerging Issues in Cross-Border Commercial Litigation Seminar on May 4, 2006 in Niagara-on-the-Lake, Ontario. The program included litigation partner Kathleen M. Kundar who presented her paper entitled "Enforcement of Foreign Money Judgments in New York State: Non-recognition Grounds and Expedited Court Procedures."
Please click here to see the full text of the paper. |
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Firm Holds Seminar for Lawyers Visiting from The Peoples Republic of ChinaOn April 11, 2006, the firm conducted a seminar for fourteen lawyers of the Peoples Republic of China. The visit was coordinated by Mr. Daniel Yu of New York University’s Global Law faculty, which translated course materials and provided specialists in Chinese-English legal terminology to assist in the seminar.
William M. Brodsky, who leads the firm's criminal defense practice, described for the participants the role of a defense lawyer in criminal proceedings brought before Federal District Courts of the United States.
Robert C. Mangone, who heads the firm's securities practice, described the role of American Depository Receipts in raising capital for foreign companies from sources in the United States.
Donald T. Fox discussed the United Nations Covenant on Civil and Political Rights, adopted by the U.N. General Assembly in 1966 and signed both by China and by the United States. He also discussed the U.N. Basic Principles on the Independence of the Judiciary and on the Role of the Lawyer. These Basic Principles had been elaborated in a 1989 conference in Caracas, Venezuela, sponsored by the United Nations and conducted by the International Commission of Jurists, a non-governmental organization based in Geneva, Switzerland, whose mission is to uphold the rule of law, the independence of the judiciary and human rights. Mr. Fox participated in this conference as Chairman of the United States Section of the International Commission of Jurists. |
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Firm Signs Cooperation Agreement with The Russian Lawyers GuildIn April 2006, the Firm signed a cooperation agreement with The Russian Lawyers Guild (www.gra.ru), Russia’s largest legal organization, consisting of law firms, advocacy bureaus, and legal associations. Under the agreement – the only such agreement entered into by the Guild with a U.S. law firm – the Firm will assist members of the Guild and their Russian clients in finding appropriate and qualified legal assistance in the U.S. The Guild, in turn, will provide similar assistance to the Firm and its clients in Russia. For inquiries contact
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