Serving clients since 1985

(JAMS Commercial Arbitration, Boston, January 2023)

As counsel for publicly traded defense technology manufacturer Mercury Systems, Inc., we obtained, after a two-week arbitration hearing in Boston, an award dismissing over 99.8% of multiple contract, statutory, and legal fees claims brought by a former sales representative, where the client's exposure had exceeded $37.5 million.

(AAA Construction Industry Arbitration Tribunal, Westchester County, April 2021)

As counsel for a principal of a construction management company that oversaw a luxury condominium construction project in Westchester County, we obtained, after a two-week trial, a $14.3 million award in unpaid construction management fees due to the client’s company.

(Commercial Division, New York County, November 2020).

As counsel for a luxury Manhattan hotel owner, we favorably resolved a commercial lease dispute with the hotel’s celebrity restauranteur tenant, which included obtaining on behalf of the client a temporary restraining order, and then, after an evidentiary hearing, a preliminary injunction.

(February 2020)

As lead counsel for L3Harris Technologies, Inc. and predecessor businesses, we favorably resolved complex litigations across multiple jurisdictions spanning over a decade. The litigations alleged extensive thefts of our clients’ trade secrets by former employees who then utilized those trade secrets as part of a newly formed competing business. The litigations further alleged that this new business then engaged in a ‘bid-rigging’ scheme with a prime contractor to wrongfully obtain nuclear readiness subcontracting work our clients had performed for many years for the U.S. military. In the course of the litigations, we were successful in overturning two trial level dispositive motion decisions (mentioned below). We also expanded the law in Colorado on sanctions for the intentional destruction of evidence after we uncovered emails that brought that destruction to light, and then obtained a rare award of direct access to the defendants’ computer hard drives.

(U.S. Court of Appeals, 4th Circuit, June 2019)

As lead counsel for Plaintiffs, we successfully obtained the Court of Appeals’ reversal of the District Court for a second time, which had improperly dismissed Plaintiffs’ complaint based on an alleged lack of business expectancy.

(July 2018)

We successfully represented our client, an American defense contractor, in connection with an arbitrated dispute in the hundreds of millions of dollars arising from the construction of a retrofitted widebody aircraft for the Sultanate of a Middle Eastern country.

(December 2016)

We successfully represented our client, an American defense contractor, in connection with a dispute in the hundreds of millions of dollars arising from the construction of a retrofitted widebody aircraft for the Sultanate of a Southeast Asian country.

(U.S. Court of Appeals, 4th Circuit, December 2016)

As lead counsel for Plaintiffs, we successfully obtained the Court of Appeals’ reversal of the District Court, which had improperly dismissed Plaintiffs’ complaint based on a lack of legal standing. The complaint alleged, among other things, that Defendant, as prime contractor, engaged in a bid-rigging scheme which tortiously interfered with Plaintiffs’ business expectancy to win lucrative multi-year sub-contract extensions worth at least $80 million, for which Plaintiffs were the incumbent. The sub-contract involved the fortification of key U.S. Air Force facilities to be able to withstand electromagnetic pulses from nuclear blasts. On appeal, we represented the clients in oral argument before the Court, and obtained a unanimous ruling from the three-judge panel that that District Court’s ruling was improper, and that Plaintiffs’ allegations of a business expectancy constituted an injury to Plaintiffs that met the standing requirement.

(New York City, January 2015)

We were co-counsel for the Claimants in an arbitration in New York City against a subsidiary of a publicly traded nationwide men’s clothing retailer. The matter involved the alleged breach of multiple license agreements for the manufacture of certain name-brand merchandise. The Claimants were successful, and in January 2015, they were awarded approximately $42.6 million in damages and legal fees.

(Northern District of California, Oakland Division, Case No.: 96-cv-2494-CW, November 2011, aff’d by Ninth Circuit Court of Appeals, November 2013, cert. denied, United States Supreme Court, June 2014)

We were co-lead counsel for Defendant, a business unit of a Fortune 200 Company. Defense counsel obtained a unanimous jury verdict against a negligence claim arising out of Defendant’s conversion of two Boeing 747 aircraft from passenger to cargo freighter configuration. Plaintiff sought damages in an amount which, including interest, potentially exceeded $2 billion. Defense counsel also succeeded in affirming the unanimous verdict after Plaintiff appealed, and then in defeating Plaintiff’s application to the United States Supreme Court.

(Southern District of New York, Case No.: 1-02-cv-9144-PAC, March 2011)

We advised both outside counsel and management for Plaintiff in a dispute arising from a non-binding letter of intent between two public companies to purchase a third company’s business division. Plaintiff successfully appealed to the Second Circuit, overturning a jury verdict in excess of $125 million for the Defendant on its counterclaim. Plaintiff also successfully resisted attempts by Defendant to pursue a constructive trust over certain of Plaintiff’s product lines.

(Northern District of Georgia, Atlanta Division, Case No.: 1:05-CV-902-CAP March 2010)

We were responsible for managing and coordinating the efforts of a national team of outside and in-house counsel on behalf of the Defendant. The team successfully overturned a jury verdict in excess of $37 million dollars plus a request by Plaintiff’s counsel for approximately $16 million dollars in legal fees, as a result of discovery abuse engaged in by the Plaintiff.

(New York City, May 2009)

We represented Respondents before a three-member American Arbitration Association Panel in New York City. Significantly, we replaced a nationally ranked law firm in the middle of the five week arbitration, in which Claimants alleged that Respondents breached a merger agreement, and failed to make earn out payments. As part of the arbitration, Claimants sought an award of $35 million dollars, as well as punitive damages and attorneys’ fees. The Panel denied all relief sought by Claimants, and directed a further hearing as to whether Respondents were entitled to reimbursement of their attorneys’ fees and expenses. That hearing was settled with the Claimants agreeing to pay the Respondents’ legal fees and expenses.

308 A.D.2d 57, 763 N.Y.S.2d 32 N.Y. Slip Op. 16262 (1st Dept. 2003)

We jointly represented a group of six high profile law firms which had represented the People of the State of New York in their landmark products liability lawsuit against the tobacco industry. The firms had recovered over $25 billion for the State and were awarded a $625 million dollar award which was calculated by an arbitration panel pursuant to the terms of a nationwide master settlement agreement. Despite the fact that the determination by the arbitration panel was to be non-appealable, a Justice of the Supreme Court decided, sua sponte, to invoke what he deemed to be his inherent power to review attorneys fee arrangements and froze the fee award payment to the firms.

The Appellate Division ruled that Supreme Court had exceeded its powers when it purported to set aside both the settlement agreement and the fee award by the arbitrators. Its ruling rebutted an unwarranted barrage of innuendo aimed at our clients in the appealed from Order of the Supreme Court. In reversing the ruling of the Supreme Court in this case, we recovered not only our clients money, but their good name as well.

(Nassau County Index No. 5786/00)

(New York County Index No. 603307/99)

These cases involved the dissolution of a prominent New York personal injury law firm, then known as Sullivan & Liapakis. We represented the majority partners who formed a successor firm in a protracted litigation to enforce the provisions of the agreement which dissolved the firm, as well as the distribution of the various parties shares of what amounted to well over $100 million in firm legal fees, as well as ongoing cases within the Sullivan & Liapakis firm.

In the Matter of Validation Review Associates, Inc., 91 N.Y.2d 840, 690 N.E.2d 487, 667 N.Y.S.2d 678 (1997) and Berkun v. Validation Review Associates, Inc., 262 A.D.2d 341, 693 N.Y.S.2d 56 (2d Dept. 1999)

These related cases deal with issues of corporate governance and the rights of minority shareholders.

In the first case, a majority shareholder, Mordecai A. Berkun brought a suit to dissolve the corporation, Validation Review Associates, Inc., on the grounds of deadlock and dissension. In a case of first impression — which raised significant public policy issues relating to shareholder rights — Mr. Levitt argued before the Court of Appeals against Berkun’s dissolution and in favor of enforcement of a highly unusual shareholder agreement which mandated 100% unanimity among shareholders to permit dissolution.

In the second case, Berkun brought an action claiming conversion and wasting of corporate assets by Defendant employee, David Schimel in his capacity as an officer and director of Defendant Validation Review Associates, Inc. Berkun alleged that an agreement between the parties to raise the salary of the Defendant, Schimel, was barred by the Statute of Frauds. Berkun also sought to prevent the distribution of the assets of the corporation to Schimel. We successfully defeated Berkun’s claims before the Supreme Court. Plaintiff appealed to the Appellate Division, Second Department, which then also held for the defendants, affirming the trial court.

Also within these litigations, which included numerous complex and novel issues, we were the first firm to litigate the issue in New York of where the line of privacy begins in an employment setting as it relates to the use of computers and high technology. The issue before the Court was whether an employer can go through an employee’s computer, and obtaining information which the employee deemed “private”.

In addition to these cases, Levitt LLP and its attorneys have been lead counsel or co-counsel on numerous reported and other significant decisions.

Allied Sheet Metal Works, Inc. v. Kerby Saunders, Inc., et al.
206 A.D.2d 166, 619 N.Y.S.2d 260 (1 st Dept. 1994).

Ayala v. Lockheed Martin Corp.
22 A.D.3d 394, 802 N.Y.S.2d 362 (1 st Dept. 2005).

Berkun v. National Health Resources, Inc.
255 A.D.2d 476, 679 N.Y.S.2d 907 (2 nd Dept. 1998).

Berkun v. Validation Review Associates, Inc.
262 A.D.2d 341, 693 N.Y.S.2d 56 (2 nd Dept. 1999).

Beth Israel Medical Center v. Smith
576 F. Supp. 1061 (S.D.N.Y. 1983).

Bibeau v. Cantiague Figure Skating Club, Inc.
294 A.D.2d 525, 742 N.Y.S.2d 864 (2d Dept. 2002).

Centrifugal Associates, Inc. v. Highland Metal Industries, Inc.
193 A.D.2d 385, 597 N.Y.S.2d 49 (1st Dept. 1993).

Centrifugal Associates, Inc. v. Highland Metal Industries, Inc.
224 A.D.2d 254, 637 N.Y.S.2d 700 (1st Dept. 1996).

Chemical Bank v. 635 Park Ave. Corp.
155 Misc.2d 433, 588 N.Y.S.2d 257 (1992).

Colina v. One East River Place Realty Co., LLC
2000 WL 1171126 (not reported) (S.D.N.Y. 2000).

Cooper, Bamundo, Hecht & Longworth, LLP v. Kuczinski, et al.
14 A.D.3d 644, 789 N.Y.S.2d 508, 2005 N.Y. Slip Op. 00520 (2nd Dept. 2005).

Davidson Aluminum & Metal Corp. v. Robert Pearl, Doing Business as Pearl Collision
216 A.D.2d 436, 628 N.Y.S.2d 539 (2d Dept. 1995).

Davidson Metals Corp. v. Marlo Development Company, et al.
238 A.D.2d 465, 656 N.Y.S.2d 675 (2d Dept. 1997).

Davidson Metals Corp. v. Marlo Development Company
No. 98-07836, 262 A.D.2d 599, 691 N.Y.S.2d 898 (2d Dept. 1999).

Davidson Metals Corp. v. Marlo Development Company
No. 98-07480, 262 A.D.2d 599, 691 N.Y.S.2d 898 (2d Dept. 1999).

Electro-Miniatures Corporation v. Wendon Company, Inc.
771 F.2d 23 (2d Cir. 1985).

Field Hotel Associates v. Holiday Hospitality Franchising, Inc
No. 02 CV 3967 (JBW), 2002 U.S. Dist. LEXIS 19917 (E.D.N.Y. August 9, 2002).

Freedberg v. Landman
930 F.Supp. 851 (E.D.N.Y. 1996).

Gallo v. Blue Spruce Associates, Inc, et al.
218 A.D.2d 728, 630 N.Y.S.2d 560 (2d Dept. 1995).

General Electric Capital Auto Lease, Inc. v. Stephen
248 A.D.2d 668, 670 N.Y.S.2d 582, 1998 N.Y. Slip Op. 02923 (2nd Dept. 1998).

Goldberg v. Ochman
143 A.D.2d 255, 532 N.Y.S.2d 166 (2nd Dept. 1988).

Golden Mark Maintenance, Ltd. v. Alarcon
265 A.D.2d 377, 696 N.Y.S.2d 515 (2d Dept. 1999).

Haight Plumbing, Heating &Air Conditioning, Inc. v. Susan Menu
65 A.D.3d 609 (2nd Dept. 2009).

Hamilton Stone, Inc. v. National Cash Register
99 A.D.2d 480, 470 N.Y.S.2d 418 (2d Dept. 1984).

Highland Mechanical Industries, Inc., Also Known as Highland Metal Industries, Inc. v. Herbert Construction Co., Inc.
216 A.D.2d 161, 628 N.Y.S.2d 655 (1 st Dept. 1995).

Housberg v. Baker
209 A.D.2d 670, 619 N.Y.S.2d 956 (2d Dept. 1994).

Housberg v. Curtin
209 A.D.2d 670, 619 N.Y.S.2d 958 (2d Dept. 1994). 35.

Housberg Suing in the Name of and on behalf of New York Capital, Inc. v. Baker
146 Misc.2d 960, 553 N.Y.S.2d 280 (1990).

Incorporated Village of Freeport v. Sanders
121 A.D.2d 430, 503 N.Y.S.2d 129 (2nd Dept. 1986).

Island Holding, LLC v. O’Brien
759 N.Y.S.2d 336 (2d Dept. 2003).

Jewell v. Rowe
119 A.D.2d 634, 500 N.Y.S.2d 787 (2nd Dept. 1986).

Jones v. CBS, Inc.
733 F.Supp. 748, 15 U.S.P.Q.2d 1380, 1990 Copr.L.Dec. P 26,550 (S.D.N.Y. 1990).

Jung v. Neschis
No. 01 Civ. 6993 (RMB), 2003 U.S. Dist. LEXIS 5569 (S.D.N.Y. April 4, 2003).

Kya-Hill v. Case
182 F.3d 900 (Table), 1999 WL 459780 (C.A.2 (N.Y.)) (2nd Cir. 1999).

L-3 Communications Corporation v. Kelly
10 Misc.3d 1055A, 809 N.Y.S.2d 482 (Table), 2005 WL 3304130 (N.Y.Sup.), 2005 N.Y. Slip Op. 51972(U) (unpublished disposition) (2005).

Liapakis v. Sullivan
290 A.D.2d 393, 736 N.Y.S.2d 675 (1 st Dept. 2002).

Matter of Validation Review Associates, Inc.
237 A.D.2d 614, 655 N.Y.S.2d 1005 (2 nd Dept. 1997).

Matter of Validation Review Associates, Inc.
223 A.D.2d 134, 646 N.Y.S.2d 149 (2 nd Dept. 1996) order reversed by Matter of Validation Review Associates, Inc. , 91 N.Y.2d 840, 690 N.E.2d 487, 667 N.Y.S.2d 678 (1997) clarification denied by Matter of Validation Review Associates, Inc., 94 N.Y.2d 874, 726 N.E.2d 481, 705 N.Y.S.2d 4 (2000).

Matter of Validation Review Associates, Inc.
236 A.D.2d 477, 653 N.Y.S.2d 373 (2 nd Dept. 1997) leave to appeal granted by Matter of Validation Review Associates, Inc ., 89 N.Y.2d 817, 681 N.E.2d 1305, 659 N.Y.S.2d 858 (1997) and order reversed by Matter of Validation Review Associates, Inc. , 91 N.Y.2d 840, 690 N.E.2d 487, 667 N.Y.S.2d 678 (1997) clarification denied by Matter of Validation Review Associates, Inc., 94 N.Y.2d 874, 726 N.E.2d 481, 705 N.Y.S.2d 4 (2000).

Mondello v. Franklin Hospital Medical Center
289 A.D.2d 210, 734 N.Y.S.2d 853 (2d Dept. 2001).

Murray v. Global Industrial Services, Inc.
290 A.D.2d 543, 737 N.Y.S.2d 296 (2d Dept. 2002).

Muttontown Realty Corp. v. Schwartz
197 A.D.2d 680, 604 N.Y.S.2d 776 (2d Dept. 1993).

QLISANR, LLC, QLISANR Realty I, LLC and QLISANR Realty II, LLC v. Hollis Park Manor Nursing Home Inc., Hollis Park Holding LLC, Hollis Park Realty LLC
51 A.D.3d 651, 857 N.Y.S.2d 234 (2nd Dept. 2008).

Resolution Trust Corporation v. 260-68 Elizabeth Street Owners Associates
No. 92 Civ. 4756 (SWK), 1997 U.S. Dist. LEXIS 5369 (S.D.N.Y. April 23, 1997).

Sanders v. Rosen
159 Misc.2d 563, 605 N.Y.S.2d 805 (1993).

Savino v. Nassau Hosp.
127 A.D.2d 579, 511 N.Y.S.2d 379 (2nd Dept. 1987).

Schimel v. Berkun
264 A.D.2d 725, 696 N.Y.S.2d 49 (2 nd Dept. 1999) leave to appeal dismissed by Schimel v. Berkun, 94 N.Y.2d 797, 722 N.E.2d 509, 700 N.Y.S.2d 429 (1999) reargument denied by Schimel v. Berkun, 94 N.Y.2d 876, 726 N.E.2d 484, 705 N.Y.S.2d 7 (2000).

State of New York, et al. v. Philip Morris Inc., et al.
308 A.D.2d 57, 763 N.Y.S.2d 32, 2003 N.Y. Slip Op. 16262 (1st Dept. 2003).

331 East 14th St. LLC v. 331 East Corp.
293 A.D.2d 361, 740 N.Y.S.2d 327, 2002 N.Y. Slip Op. 03039 (1st Dept. 2002).

255 Pinelawn Co, et al. v. Continental Insurance Company
237 A.D.2d 431, 656 N.Y.S.2d 881 (2d Dept. 1997).

U.S. v. Helmsley
941 F.2d 71, 91-2 USTC P 50,455, 60 USLW 2174, 68 A.F.T.R.2d 91-5272 (2nd Cir. 1991).

U.S. v. Marcos
1990 WL 16161 (unreported) (S.D.N.Y. 1990); 1989 WL 135256 (S.D.N.Y. 1989).

Weizmann Institute of Science v. Neschis
229 F. Supp.2d 234 (S.D.N.Y. 2002).

Welwart v. Dataware Electronics Corp.
277 A.D.2d 372, 717 N.Y.S.2d 220 (2d Dept. 2000).

West Seventy-Ninth Street Associates, v. Lemi, Inc., Doing Business as Copper Hatch II
141 Misc.2d 830, 535 N.Y.S.2d 325 (1988).

West Seventy-Ninth Street Associates, v. Lemi, Inc., Doing Business as Copper Hatch II
144 Misc.2d 216, 542 N.Y.S.2d 942 (1989).

Whitman Realty Group, Inc. v. Tony Galano
41 A.D.3d 590, 838 N.Y.S.2d 585 (2nd Dept. 2007); 52 A.D.3d 505, 861 N.Y.S.2d 679 (2nd Dept. 2008).

Williams v. Bane
220 A.D.2d 676, 632 N.Y.S.2d 974 (2nd Dept. 1995).