Litigation

ampersand symbolAdministrative Law Disputes

The attorneys at Crosby & Higgins LLP challenge administrative agencies and other governmental entities in high-stakes litigation. Government agencies are subject to specific local, state and federal laws, and often issue their own sets of rules and regulations. Frequently, lawsuits filed against these agencies involve complex, arcane judicial proceedings with discrete rules governing procedural and substantive issues. We are well prepared to handle these matters on behalf of clients.

CASE SUMMARIES

  • Assisted with actions pending before the Trademark Trial and Appeal Board in connection with trademark cancellation and opposition proceedings.
  • Represented the owner of a well-known online marketplace in a trademark infringement action before the World Intellectual Property Organization against an apparent cyber-squatting company based in China.
  • Served as counsel on behalf of a coalition of New York City medallion taxicab interests in connection with Article 78 proceedings brought against the City of NY in State Supreme Court, Queens County and appealed to the First Department, as well as federal constitutional claims in the US District Court for the SDNY appealed to Second Circuit Court of Appeals, concerning medallion taxicab owners’ exclusive, statutory right to hails amidst the proliferation of on-demand e-hails being solicited in NYC by companies such as Uber and Lyft.

ampersand symbolAlternative Dispute Resolution

We assist clients with efficiently resolving disputes before they escalate using mediation and other forms of non-binding dispute resolution. In the event formal proceedings become necessary, Crosby & Higgins LLP routinely represents clients in binding alternative dispute resolution, which is often a more manageable option for clients looking to resolve matters at a lower cost structure and in a shorter time frame than formal litigation in federal or state court.

CASE SUMMARIES

  • Successfully resolved numerous arbitration actions filed before FINRA-DR against major investment firms including Oppenheimer & Co., Inc., Morgan Keegan, UBS Financial Services, and E*Trade, arising from the marketing and sale of Auction Rate Securities, including alleged violations of numerous NYSE and FINRA Rules, including unsuitability, unauthorized transactions and failure to supervise, and alleged claims for breach of fiduciary duty, fraud, negligence, and breach of contract.
  • Resolved a $2.1 million arbitration claim against a major retail brokerage firm, resulting from the marketing and sale of Auction Rate Securities to a family owned trust account after a week of hearing before FINRA-DR in Los Angeles.
  • Pursued $3.5 million arbitration stemming from the sale to a retail customer of certain highly complex Auction Rate Securities backed by Credit Linked Notes which were specifically reserved for sale to Qualified Institutional Buyers as defined in Rule 144A of the Securities Act of 1933.
  • Took $75 million venture capital dispute to hearing before JAMS Dispute Resolution on behalf of several officers and directors of an internationally renowned company responding to claims brought by a large private equity investor.
  • Delivered the first FINRA-DR arbitration award against Oppenheimer & Co. for clients holding Auction Rate Securities, which included an order to return the investor’s FINRA filing fees, award of expert witness fees, and rescission and repurchase of the ARS securities at issue.
  • Secured sweeping victory in arbitration before the American Arbitration Association (“AAA”) in a hard-fought partnership dispute between the principal partners of a New York based architectural firm, originating from the breakdown of the parties’ relationship and the dissolution of the partnership, as well as numerous post-dissolution disputes involving back-payments, transfer of assets, and various claims for breach of the Partnership Agreement and the duties flowing from it.
  • Secured the first FINRA-DR arbitration award against Merrill Lynch for an institutional client who was sold more than $100 million in Auction Rate Securities after a two week evidentiary hearing involving claims for breach of contract, breach of fiduciary duty, fraud and violations of the Texas Securities Act, including an order to pay significant compensatory damages and interest, and all FINRA forum fees.
  • Represented member of real estate LLC concerning dissolution, and allegations of breach of the operating agreement, harassment, and fraud in a complex commercial arbitration matter before AAA.
  • Successfully resolved severance and equity redemption claims of former General Counsel of publically traded multinational corporation in arbitration proceedings before AAA.
  • Secured substantial settlement on behalf of a marketing company in a multi-million dollar international arbitration dispute against well-known global corporation involving claims for fraudulent inducement, breach of contract and punitive damages.
  • Challenged multi-million dollar JAMS arbitration award in the New York State Supreme Court Commercial Division.
  • Served as counsel on behalf of a coalition of New York City medallion taxicab interests in connection with Article 78 proceedings brought against the City of NY in State Supreme Court, Queens County and appealed to the First Department, as well as federal constitutional claims in the US District Court for the SDNY appealed to Second Circuit Court of Appeals, concerning medallion taxicab owners’ exclusive, statutory right to hails amidst the proliferation of on-demand e-hails being solicited in NYC by companies such as Uber and Lyft.
  • Filed a demand for arbitration with FINRA-DR on behalf of an I.R.C. Section 1031 Qualified Intermediary against a major Wall Street investment firm arising out of fraudulent and abusive marketing and sales practices for auction rate securities.

ampersand symbolAntitrust and Competition

We are very experienced in antitrust and competition matters. We regularly counsel clients on issues such as price fixing, product tying, refusals to deal, monopolization, and unfair competition, and are fully prepared to litigate these issues in state and federal court.

CASE SUMMARIES

  • Successfully resolved a $20 million claim in connection with the alleged destruction of a marketing research business by a major media and consumer research company through a campaign of alleged predatory pricing, unfair competition, tortious interference and misappropriation of confidential information.
  • Commenced an action in the United States District Court for the Southern District of New York against a global supplier of in-flight entertainment equipment seeking damages in excess of $100 million on behalf of a leading software company, alleging claims for Attempted Monopolization, Monopolization, Violation of California Unfair Competition Law, Breach of the GNU General Public License, Breach of Contract, Tortious Interference with Existing Contracts, Tortious Interference with Prospective Contractual Relations, and Defamation.
  • Assisted the plaintiff’s litigation team in a major high profile antitrust action brought in federal district court for the Southern District of New York by a professional football team against a large media and entertainment company alleging antitrust violations, including monopolization, tortious interference and deceptive business practices, and unfair competition, in connection with the construction of a new football stadium in New York City, which was successfully resolved.
  • Successfully represented a foreign supplier of digital inkjet printing, packaging, and large format imaging services in a complex breach of contract and fraud action in the Northern District of New York, including joinder of an additional party and claims for unfair competition, misappropriation of trade secrets, breach of Non-Disclosure Agreement and attempted monopolization.

ampersand symbolAppellate Practice

We are prepared not only to litigate cases through trial, but also to represent clients in matters on appeal in federal or state court. Crosby & Higgins LLP leverages its extensive knowledge of the factual intricacies of each case obtained through trial-level litigation in order to more efficiently and effectively challenge or defend a determination by the trial court on appeal.

CASE SUMMARIES

  • Successfully resolved a $20 million claim in connection with the alleged destruction of a marketing research business by a major media and consumer research company through a campaign of alleged predatory pricing, unfair competition, tortious interference and misappropriation of confidential information, including appeal to the Second Circuit Court of Appeals.
  • Served as lead counsel in Second Circuit Court of Appeals for food product distributor embroiled in product packaging trade dress dispute, leading to successful resolution.
  • Represented Indian company in federal district and appellate court action against high-end international retailer in connection with breach of contract, breach of fiduciary duty, and equitable claims arising from termination of the parties’ nine year business relationship during which the client invested millions of its own capital, along with immeasurable goodwill to build the brand in India.
  • Won appellate victory affirming summary judgment for a well-known American pharmaceutical company and medical equipment manufacturer arising from the company’s decision to break off protracted negotiations concerning the installation of certain technology at a New York medical facility.
  • Represented client in an action filed in New York State Supreme Court and appealed to the Appellate Division, First Department against her former husband and his prospective employer for fraudulent inducement and unjust enrichment in a case arising out of the parties’ property settlement agreement entered into in connection with divorce proceedings.

ampersand symbolComplex Commercial Litigation

We are well-equipped to handle complex commercial dispute for clients of all sizes. Crosby & Higgins LLP regularly counsels clients on complex litigation that requires sophisticated, multi-faceted strategies, before, during, and after litigation, including cross-border commercial disputes.

CASE SUMMARIES

  • Represented Singapore-based manufacturer in international dispute seeking injunctive relief and substantial damages in connection with alleged “rip off” of online business, including claims alleging trademark infringement, trademark dilution, false designation of origin, copyright infringement, unfair competition, and breach of fiduciary duty.
  • Successfully resolved a $20 million claim in connection with the alleged destruction of a marketing research business by a major media and consumer research company through a campaign of alleged predatory pricing, unfair competition, tortious interference and misappropriation of confidential information.
  • Commenced an action in the United States District Court for the Southern District of New York against a global supplier of in-flight entertainment equipment seeking damages in excess of $100 million on behalf of a leading software company, alleging claims for Attempted Monopolization, Monopolization, Violation of California Unfair Competition Law, Breach of the GNU General Public License, Breach of Contract, Tortious Interference with Existing Contracts, Tortious Interference with Prospective Contractual Relations, and Defamation.
  • Challenged multi-million dollar JAMS arbitration award in the New York State Supreme Court Commercial Division.
  • Assisted the plaintiff’s litigation team in a major high profile antitrust action brought in federal district court for the Southern District of New York by a professional football team against a large media and entertainment company alleging antitrust violations, including monopolization, tortious interference and deceptive business practices, and unfair competition, in connection with the construction of a new football stadium in New York City, which was successfully resolved.
  • Served as counsel on behalf of a coalition of New York City medallion taxicab interests in connection with Article 78 proceedings brought against the City of NY in State Supreme Court, Queens County and appealed to the First Department, as well as federal constitutional claims in the US District Court for the SDNY appealed to Second Circuit Court of Appeals, concerning medallion taxicab owners’ exclusive, statutory right to hails amidst the proliferation of on-demand e-hails being solicited in NYC by companies such as Uber and Lyft.
  • Represented Indian company in federal district and appellate court action against high-end international retailer in connection with breach of contract, breach of fiduciary duty, and equitable claims arising from termination of the parties’ nine year business relationship during which the client invested millions of its own capital, along with immeasurable goodwill to build the brand in India.
  • Represented contract manufacturer in an equipment and product manufacturing dispute arising under the parties’ agreement concerning failure to pay invoices in connection with specially manufactured goods and additional contractual obligations, implicating claims for breach of contract, breach of the covenant of good faith and fair dealing, common law fraud, and violation of the Connecticut Unfair Trade Practices Act.
  • Successfully opposed a motion for a preliminary injunction in the United States District Court for the Southern District of New York and subsequently secured voluntary dismissal of the action arising from the proposed construction of the largest water desalination plant in the Western Hemisphere, to be built on the Pacific Ocean in Rosarito, Mexico.
  • Represented boutique investment advisory firm located in India in a suit filed in New York State Supreme Court alleging failure to comply with the terms of the parties’ agreement concerning finder’s fee due in connection with an approximately $15 million acquisition opportunity arranged by the advisory firm.
  • Successfully resolved a dispute on behalf of a licensed physical therapist, in a lawsuit brought by his former bookkeeper alleging breach of certain loan agreements between the parties in which client sought an accounting and asserted numerous affirmative defenses, including breach of fiduciary duty.
  • Prosecuted and successfully resolved multiple New York and Connecticut federal and state court breach of contract and defamation actions for an east coast hotel management company.
  • Successfully defeated a motion to settle and approve the final account of the assignee in an assignment proceeding pending in Westchester County Supreme Court, Commercial Division, and subsequently secured order forcing sale of assets at public auction.
  • Served as lead counsel in federal court action which was resolved before trial representing two national independent sales organizations (“ISOs”) and their principal arising out of allegations that several companies in the credit card processing industry surreptitiously profited millions of dollars from plaintiffs’ marketing services.
  • Negotiated and secured a confession of judgment against client’s former attorney in connection with improperly handled international business transactions and assisted with post-judgment collection efforts domestically and abroad.
  • Successfully represented a foreign supplier of digital inkjet printing, packaging, and large format imaging services in a complex breach of contract and fraud action in the Northern District of New York, including joinder of an additional party and claims for unfair competition, misappropriation of trade secrets, breach of Non-Disclosure Agreement and attempted monopolization.
  • Successfully resolved an action filed in the United States District Court for the Southern District of NY on behalf of a respected scientist in an action for damages and an accounting arising out of wrongful exclusion from a joint venture and failure to provide ownership interests in connection with investment in pathogen detection technology company.
  • Secured favorable ruling on Motion to Dismiss claims for breach of contract, quantum meruit, unjust enrichment and declaratory relief and successfully resolved fee and non-solicitation dispute arising out of $121 million credit transaction on behalf of international investment consulting firm.
  • Filed breach of contract action arising out of reported $2.5 million sale of Curtis Knight and Jimi Hendrix master recordings.
  • Appeared as counsel in breach of contract, negligence and punitive damages action arising out of the alleged wrongful transfer of a domain name.
  • Effectively litigated and successfully settled numerous infringement and breach of contract claims on behalf of a website portal company and content provider in federal district court seeking preliminary injunctive relief, and specific performance of an exclusive distribution agreement, pending out-of-state arbitration of the underlying claims.
  • Secured a federal jury verdict for $1.5 million on behalf of a boutique investment banking boutique in a M&A finder’s fee case in the Southern District of New York involving claims for fraud and quantum meruit, arising out of an approximate $380 million acquisition involving a European restaurant chain.
  • Resolved a significant breach of contract dispute on behalf of an industry leader in high-margin technology services, by registering and executing on a foreign judgment in New York, allowing the firm to locate and freeze the defendant’s assets.
  • Obtained multi-million dollar judgment after bench trial in the commercial division of New York State Supreme Court in an action to pierce the corporate veil and recover damages from corporate defendant individually for a breach of contract claim arising out of the sale of 44 New York condominium units.
  • Successfully resolving a $100 million lawsuit against major department store chain on behalf of leading fashion designer’s brand, based on the breach of an alleged exclusive distribution agreement between the parties.
  • Collaborated with local counsel in representation of litigation support company resolving protracted litigation prior to trial in the Superior Court of Massachusetts concerning claims for breach of contract and fraudulent inducement in connection with work performed for a third-party pursuant to the parties’ agreement.
  • Resolved compensatory and punitive damages claims arising out of collapse of sub-prime backed hedge funds in an action brought in the Commercial Division of New York State Supreme Court alleging claims for breach of contract, breach of fiduciary duty, negligent misrepresentations, fraud, unjust enrichment, and breach of the covenant of good faith and fair dealing, and seeking recovery of at least $25 million in compensatory and punitive damages.
  • Secured victory on $3.9 million specific performance claim arising out of Alabama Gulf Coast beachfront development lending dispute.
  • Represented shareholders/directors and officers in an action pursuant to BCL Section 720 to recover in connection with allegations of wrongful transfers of assets from a healthcare management group.
  • Represented client of matchmaking service in connection with allegations of misrepresentation, breach of contract and breach of fiduciary duty.
  • Represented client in an action filed in New York State Supreme Court and appealed to the Appellate Division, First Department against her former husband and his prospective employer for fraudulent inducement and unjust enrichment in a case arising out of the parties’ property settlement agreement entered into in connection with divorce proceedings.

ampersand symbolCorporate & Securities Litigation

We have extensive experience handling corporate and securities disputes. From partnership and corporate dissolution, to shareholder and derivative suits, Crosby & Higgins LLP regularly advises businesses of all sizes on a wide-array of complex corporate disputes.

CASE SUMMARIES

  • Successfully resolved numerous arbitration actions filed before FINRA-DR against major investment firms including Oppenheimer & Co., Inc., Morgan Keegan, UBS Financial Services, and E*Trade, arising from the marketing and sale of Auction Rate Securities, including alleged violations of numerous NYSE and FINRA Rules, including unsuitability, unauthorized transactions and failure to supervise, and alleged claims for breach of fiduciary duty, fraud, negligence, and breach of contract.
  • Resolved a $2.1 million arbitration claim against a major retail brokerage firm, resulting from the marketing and sale of Auction Rate Securities to a family owned trust account after a week of hearing before FINRA-DR in Los Angeles.
  • Pursued $3.5 million arbitration stemming from the sale to a retail customer of certain highly complex Auction Rate Securities backed by Credit Linked Notes which were specifically reserved for sale to Qualified Institutional Buyers as defined in Rule 144A of the Securities Act of 1933.
  • Took $75 million venture capital dispute to hearing before JAMS Dispute Resolution on behalf of several officers and directors of an internationally renowned company responding to claims brought by a large private equity investor.
  • Delivered the first FINRA-DR arbitration award against Oppenheimer & Co. for clients holding Auction Rate Securities, which included an order to return the investor’s FINRA filing fees, award of expert witness fees, and rescission and repurchase of the ARS securities at issue.
  • Secured the first FINRA-DR arbitration award against Merrill Lynch for an institutional client who was sold more than $100 million in Auction Rate Securities after a two week evidentiary hearing involving claims for breach of contract, breach of fiduciary duty, fraud and violations of the Texas Securities Act, including an order to pay significant compensatory damages and interest, and all FINRA forum fees.
  • Represented boutique investment advisory firm located in India in a suit filed in New York State Supreme Court alleging failure to comply with the terms of the parties’ agreement concerning finder’s fee due in connection with an approximately $15 million acquisition opportunity arranged by the advisory firm.
  • Secured a federal jury verdict for $1.5 million on behalf of a boutique investment banking boutique in a M&A finder’s fee case in the Southern District of New York involving claims for fraud and quantum meruit, arising out of an approximate $380 million acquisition involving a European restaurant chain.
  • Successfully defeated a motion to settle and approve the final account of the assignee in an assignment proceeding pending in Westchester County Supreme Court, Commercial Division, and subsequently secured order forcing sale of assets at public auction.
  • Obtained multi-million dollar judgment after bench trial in the commercial division of New York State Supreme Court in an action to pierce the corporate veil and recover damages from corporate defendant individually for a breach of contract claim arising out of the sale of 44 New York condominium units.
  • Advised clinical-stage biopharmaceutical company in successfully resolving dispute with a healthcare investment banking firm arising from termination of the parties’ relationship.
  • Advised venture capital firm in collecting transaction fees due under financial services agreement.
  • Advised shareholders in connection with breach of contract arising from an agreement concerning the sale of valuable air rights of an exclusive NYC residential property.
  • Represented shareholder in a dispute concerning a series of transactions resulting in improper dilution of ownership interest in connection with a $125 million corporate merger deal and equity restructuring.
  • Represented former employee and shareholder in efforts to secure a formal valuation of stock for successful gaming company in connection with repurchase pursuant to Stockholder Agreement.
  • Served as lead counsel for investor in the United States District Court for the District of Colorado in connection with case that was successfully resolved prior to trial alleging claims for common law fraud, negligent misrepresentation, breach of contract, violations of section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, violations of the Colorado Securities Act, and breach of fiduciary duty, arising out of the repurchase of the investor’s shares by the company in the days before the company was acquired.
  • Negotiated settlement for investor seeking return of his investments in connection with a complex investment scheme resulting in securing settlement agreement backed by promissory note and personal guarantees by principals.
  • Resolved compensatory and punitive damages claims arising out of collapse of sub-prime backed hedge funds in an action brought in the Commercial Division of New York State Supreme Court alleging claims for breach of contract, breach of fiduciary duty, negligent misrepresentations, fraud, unjust enrichment, and breach of the covenant of good faith and fair dealing, and seeking recovery of at least $25 million in compensatory and punitive damages.
  • Secured victory on $3.9 million specific performance claim arising out of Alabama Gulf Coast beachfront development lending dispute.
  • Represented shareholders/directors and officers in an action pursuant to BCL Section 720 to recover in connection with allegations of wrongful transfers of assets from a healthcare management group.
  • Filed a demand for arbitration with FINRA-DR on behalf of an I.R.C. Section 1031 Qualified Intermediary against a major Wall Street investment firm arising out of fraudulent and abusive marketing and sales practices for auction rate securities.
  • Represented client in an action filed in New York State Supreme Court and appealed to the Appellate Division, First Department against her former husband and his prospective employer for fraudulent inducement and unjust enrichment in a case arising out of the parties’ property settlement agreement entered into in connection with divorce proceedings.
  • Targeted fraud and punitive damages claims arising out of an alleged $26 million Ponzi Scheme relating to a “debenture program” run by prominent business and holiday card company.
  • Represented broker against major insurance company in connection with expungement issue related to his record.

ampersand symbolCrisis Management Services

We frequently work with clients to manage crises as they unfold in real-time — situations that call for attorneys with an ability to make strategic decisions quickly and adapt to quickly evolving circumstances. We advise clients in all industries in the most urgent of matters whether they are confidential or public. Where necessary, Crosby & Higgins LLP works closely with outside consultants, including communications specialists, to ensure that the client’s overall strategy succeeds.

CASE SUMMARIES

  • Represented publicly traded company in connection with subpoenas served by the Securities and Exchange Commission and Department of Justice, including managing data preservation, document procurement, electronic document searching, and response preparation.
  • Served as outside intellectual property counsel for a well-known online marketplace in connection with various DMCA notification matters; infringement, and intellectual property protection matters; evaluation, organization, and preparation of responses to various state and federal subpoenas; trademark investigations, negotiations, and filings; and revision of terms of service/privacy policy.
  • Successfully opposed a motion for a preliminary injunction in the United States District Court for the Southern District of New York and subsequently secured voluntary dismissal of the action arising from the proposed construction of the largest water desalination plant in the Western Hemisphere, to be built on the Pacific Ocean in Rosarito, Mexico.
  • Resolved a significant breach of contract dispute on behalf of an industry leader in high-margin technology services, by registering and executing on a foreign judgment in New York, allowing the firm to locate and freeze the defendant’s assets.
  • Advised borrowers concerning affiliate liability under certain loan agreements in connection with voluntary insolvency proceedings in the Mexican District Court and related proceedings in the Southern District of New York concerning an order granting recognition of a foreign representative and foreign main proceeding pursuant to 11 U.S.C. §§ 1517(a) and 1517(b)(1) of the Bankruptcy Code.
  • Represented successful snack product company in regulatory matters pertaining to notice of violation of Proposition 65, California health and safety law.
  • Provided support for various time-sensitive negotiations and crisis management situations for product marketing and distribution company.
  • Successfully defeated a motion for a temporary restraining order and subsequently resolved dispute on behalf of a Canadian distributor, in a federal lawsuit filed in the U.S. District Court for the District of Nevada, including claims for federal and common law trade dress infringement, federal trade dress dilution, and unjust enrichment.
  • Fought for preliminary injunction on behalf of eight successful sound-recording copyright holders in digital streaming and conditional downloading case against online music distributorship alleging irreparable harm and millions of dollars in damages, which was successfully resolved.

ampersand symbolEmployment Litigation

We advise both employers and employees on various employment-related disputes. Crosby & Higgins LLP routinely counsels clients on executive compensation, wrongful termination, equity rights and ownership disputes. With an extensive understanding of the vast array of potential disputes, we are also able to leverage our experience to draft and negotiate more effective employment agreements and effectively resolve potential disputes before they escalate into litigation.

CASE SUMMARIES

  • Successfully resolved severance and equity redemption claims of former General Counsel of publically traded multinational corporation in arbitration proceedings before AAA.
  • Prevailed at trial recovering statutory double damages in Stamford Superior Court, Civil Division, in an action brought on behalf of a restaurant investor/employee, arising out of defendants’ breach of contract and failure to pay wages pursuant to C.G.S.A. § 31-72.
  • Represented former employee and shareholder in efforts to secure a formal valuation of stock for successful gaming company in connection with repurchase pursuant to Stockholder Agreement.
  • Represented CEO in employment termination and equity matters involving negotiation with high-profile former employer of severance, accrued vacation payout, bonus payments, COBRA benefits, profit interest shares, and restrictive covenants governing post-employment activities.
  • Successfully resolved dispute on behalf of an international consultant due unpaid compensation under oral agreement to expand New York based company’s investment business in Latin America.
  • Represented international senior executive who relocated for position in connection with separation agreement from a global brewing company, including negotiation of severance, relocation fees, outplacement services, and additional benefits.
  • Advised client with chronic illness on employment related dispute with a leading global financial services firm, concerning medical plan coverage.
  • Obtained a confidential settlement for an employment dispute on behalf of a financial planner against a major life insurance corporation in connection with claims concerning defamatory regulatory filings, breach of contract, and potential hostile work environment claims under Title VII.
  • Aided the Dean of an exclusive NYC private school with negotiation of executive employment agreement including compensation and benefits, bonus payments, expense reimbursement, and equity incentive plan.
  • Represented employee in employment litigation matter seeking compensatory and punitive damages as a result of company’s wrongful retaining of at least $1.3 million in commissions.
  • Represented real estate broker in negotiation for commission fees due from prominent real estate firm.
  • Successfully negotiated a settlement in an employment dispute against a major clothing manufacturer in New York City, resulting from the employee’s claims based on violations of the Fair Labor Standards Act, New York Labor Law, Title VII of the Civil Rights Act of 1964, New York Human Rights Law, and breach of an employment contract arising out of alleged religious discrimination in the workplace.
  • Represented broker against major insurance company in connection with expungement issue related to his record.

ampersand symbolFranchise Disputes

We are capable of representing franchisors on an on-going basis to handle all of their litigation needs. Franchisors frequently encounter disputes with their franchisees and customers in a wide array of areas ranging from contracts to real estate, and even personal injury. By developing an on-going relationship with a franchisor, our attorneys develop a comprehensive understanding of the client’s business and their legal needs, which improves efficiency and effectiveness.

CASE SUMMARIES

  • Represented Indian company in federal district and appellate court action against high-end international retailer in connection with breach of contract, breach of fiduciary duty, and equitable claims arising from termination of the parties’ nine year business relationship during which the client invested millions of its own capital, along with immeasurable goodwill to build the brand in India.

ampersand symbolGovernment Investigations

We are experienced in providing advice to clients during government investigations, including matters involving the Securities and Exchange Commission, the Department of Justice and other government and regulatory agencies. The attorneys at Crosby & Higgins LLP help clients manage the process and flow of information to comply with agency requirements while simultaneously protecting client interests.

CASE SUMMARIES

  • Served as outside intellectual property counsel for a well-known online marketplace in connection with various DMCA notification matters; infringement, and intellectual property protection matters; evaluation, organization, and preparation of responses to various state and federal subpoenas; trademark investigations, negotiations, and filings; and revision of terms of service/privacy policy.
  • Represented publicly traded company in connection with subpoenas served by the Securities and Exchange Commission and Department of Justice, including managing data preservation, document procurement, electronic document searching, and response preparation.
  • Advised NYC educational consulting company in connection with independent contractor agreements, investment issues, and interactions with NYC Board of Education.

ampersand symbolSports Industry Disputes

We utilize our experience in various practice areas, as well as the experience working with outside consultants such as public relations firms, to advise individuals and organizations in various disputes that arise in the sports industry.”

CASE SUMMARIES

  • Assisted in corporate formation as well as development of business plan and protection of intellectual property for a sports analytics start-up.

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NEWS HIGHLIGHTS

August 15, 2019- Crosby & Higgins LLP Successfully Resolves Americans With Disability Act Dispute In US District Court For The Eastern District Of New York

Crosby & Higgins LLP has successfully resolved claims alleging violations of the Americans With Disabilities Act of 1990, New York State Human Rights Law, and New York City Human Rights Law in connection with the website and mobile phone application of its client, a major online resale marketplace for buying and selling luxury and designer […]

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TESTIMONIALS

“Passionate, persistent, professional and persuasive – only a handful of the words that begin to capture and reflect the high-quality advice and tenacious advocacy Todd Higgins and his team bring to every matter they embrace, large or small, complex or straight-forward”

— Shawn K. Singh, JD

Chief Executive Officer and Director, VistaGen Therapeutics, Inc.

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