Representative Litigations

The firm’s Litigation Department, co-headed by Jack A. Gordon and Michael B. Kent, handles both straightforward and complex commercial litigations and arbitrations, as well as employment-related litigations. Some examples of matters handled by the firm include:

  • Jack Gordon and Josh Katz obtained an order on March 15, 2016, from New York Supreme Court, Kings County, pursuant to CPLR 3220 requiring attorney Lewis Saul to pay firm client and renowned photographer Eric Cahan the attorneys' fees incurred by him after the date we served an Offer of Judgment, even though the matter did not go to trial. (It was dismissed prior to trial.) A copy of Justice Demarest's decision and order can be found here.
  • Jack Gordon and Josh Katz successfully obtained an order from the Southern District of New York on August 26, 2015 vacating a default judgment entered against firm clients Nathaniel Grady and Judy Stanford in April of 2011.
  • Jack Gordon and Josh Katz, with the assistance of Jorge, Emily and Matt of our litigation team, secured a verdict in January of 2015 for client Broadspring, Inc. after a seven-day Federal trial before Judge Sullivan in the Southern District of New York, where the jury found defendant Congoo liable for multiple counts of defamation.
  • KB&G won a motion for summary judgment in lieu of complaint in favor of its client, Employers Mutual Casualty Co., to obtain recognition in New York of a judgment entered in Iowa. The court rejected the defendant's argument that it was not subject to personal jurisdiction in Iowa.
  • Kent, Beatty & Gordon's litigation department successfully obtained dismissal of all claims brought by Lewis Saul, a prominent lawyer and art collector, against his former art advisor, Eric Cahan. Josh Katz argued the motion in Brooklyn's Commercial Division.
  • Jack A. Gordon led the hospitality litigation team at Kent, Beatty & Gordon in settling a dispute on behalf of chef Zod Arafai involving Daryl's Restaurant and Wine Bar in New Brunswick, NJ after successfully obtaining a court order requiring that the assets of the LLC that owns the restaurant be sold in a commercially reasonable manner.
  • KB&G defended the Securities Transfer Agents Medallion Program, Inc. in connection with a Nevada-based litigation concerning stolen and forged share certificates by obtaining dismissal of all claims leveled against our client.
  • KB&G represented Access International Advisors Ltd. in connection with a Connecticut-based litigation against Argent Management Co. LLC for unpaid fees due pursuant to an offshore hedge fund sourcing agreement resulting in a substantial settlement following a four-day hearing.
  • KB&G represented C-Tech Corp. in multi-million dollar “bet the company” litigation against Avaya. Despite being the defendant, C-Tech recovered hundreds of thousands of dollars at settlement.
  • KB&G obtained a Temporary Restraining Order and Preliminary Injunction for client Interplay Entertainment in litigation against Atari involving intellectual property rights to certain “Dungeons & Dragons” video games. This equitable relief paved the way for KB&G to negotiate a favorable settlement for Interplay.
  • KB&G represented Exclaim Associates in litigation against Acclaim Entertainment involving rights to the popular video games Anco Soccer and Urban Freestyle. After obtaining a Temporary Restraining Order and Preliminary Injunction following a multi-day hearing, the matter was resolved.
  • KB&G represented Tarrant Apparel Group in the widely-publicized litigation against celebrity Jessica Simpson and her master licensee for breach of her celebrity endorsement contract. KB&G was able to settle the case for millions of dollars after extensive discovery.
  • KB&G has represented Sweetheart Cup Co. in a 20-plus year old class action litigation involving pension and welfare benefits that went to the Third Circuit three times and the Supreme Court of the United States twice.
  • KB&G represented Automatic Fire Sprinkler Corp. in connection with the dissolution of that company due to deadlock.
  • KB&G represented Carozzi, N.A., a gourmet pasta and specialty foods distributor, in a multi-district litigation stemming from employment benefit claims that created new law at the Second Circuit.
  • KB&G represented a former executive of Amicale Industries in connection with the denial of health care benefits to his wife as she was en route to the hospital for a bone marrow transplant, resulting in a six-figure settlement.
  • KB&G represented a prominent New Jersey-based rabbi in defense of allegations of sexual harassment brought by the congregation’s former female cantor. After disproving her allegations through comprehensive investigative work, KB&G was able to settle the action for pennies.
  • KB&G represented the plaintiff in legal malpractice action against Dr. David Sokol, one of only a handful of lawyer-dentists in New York, resulting in a six-figure settlement on the eighth day of trial.
  • KB&G represented luxury watchmaker Philippe Charriol International, Ltd. and its exclusive United States distributor in a federal design trademark, trade dress and unfair competition litigation concerning the use of “nautical cable.” The successful resolution required the infringing party to acknowledge plaintiffs’ superior rights and to purchase a license for further sales of nautical cable products.
  • KB&G represented Direct Technology Limited, a British software developer, in its federal copyright litigation against a New Jersey-based value added retailer. After obtaining an Order of Seizure executed upon by agents of the U.S. Marshal’s Office, the action concluded with an award of costs and the cessation of the infringing entity’s business operations.
  • KB&G represented A.I.G. Wine and Spirits Import Co., Inc. in a Texas District Court litigation seeking redress for the multi-pronged scheme of Mexican competitors to misappropriate plaintiff’s valuable intellectual property rights (including trademarks, trade dress and recipe) in a unique, proprietary premium tequila brand. A.I.G.’s rights were vindicated in both the Texas court action and in the U.S. Patent and Trademark Office.
  • KB&G represented Destileria Serrallés, Inc. in an antitrust litigation transferred to the Eastern District of New York from the District Court in Puerto Rico. A successful outcome was achieved after several complex motions concerning jurisdiction and venue were prosecuted by KB&G, resulting in the dismissal of Destileria Serrallés, Inc. as a party.
  • KB&G represented a defendant in a high-profile music downloading action brought by Motown Records, resulting in an extremely favorable settlement for the client.
  • KB&G frequently represents companies like Bank of America, Merrill Lynch, AllianceBernstein, Atrinsic, Inc. and Metropolitan Sunday Newspapers in connection with injunction actions against departing executives who do not comply with their post-separation obligations.

Testimonials

Harry has been my go-to guy since 1994, when he engineered and walked us through a very difficult leveraged management buy-out with great success. I feel very protected with Harry on my side. Regardless of the legal issue, I can count on Harry and his team to help us.

Phyllis Cavaliere
METRO Newspaper Advertising Services, Inc.

When Jack took on my wrongful termination case, he immediately understood the value of my employment agreement because he writes them himself. He was exactly what I needed in a lawyer. He stood up to a large technology corporation and got me everything I was owed.

Josh Segal

Michael excels in navigating the grey areas where answers (and sometimes even the questions) are not clear. Michael is much more than just our attorney - he is a highly valued advisor and confidante.

Brian Gold
Owner and President, Sultana Distribution Services Inc.

Harry and I worked out a very complex and challenging technological agreement on behalf of Seagram and DuPont with a reluctant third party venturer. Despite the strong potential for conflicts of interest and several seeming stalemates, Harry made it work, and work well.

Jack B. Wielar
Business Consultant (Formerly: DuPont Separation Systems, Georgia Pacific, Norel Paper Company)

I brought Harry in as General Counsel for several packaging companies which I ran or for which I consulted. He is my lawyer of choice. Harry not only is the preeminent deal lawyer I know, he is a business expert. He is the best business advisor I have in the world.

Jack B. Wielar
Business Consultant (Formerly: DuPont Separation Systems, Georgia Pacific, Norel Paper Company)