Results

Greenberg Freeman earned a hard-fought victory for its client XpresSpa Group, a publicly-traded health and wellness company, following a virtual bench trial in the U.S. District Court for the Southern District of New York before the Hon. Valerie Caproni. Plaintiffs, who sold their company to XpresSpa pursuant to a contract that contained an earn-out provision,…

Greenberg Freeman (GF) scored a major victory for a property owner against a commercial tenant who claimed that it had been constructively evicted from the premises due to ongoing issues with the sewer system. Following the completion of fact and expert discovery, GF moved for summary judgment, arguing, among other things, that under the lease,…

In New York, if a person dies while married, his or her surviving spouse is entitled to the greater of $50,000 or one-third of the decedent’s net estate, even if the decedent’s will or estate plan provides otherwise, as long as the surviving spouse properly exercises his or her “spousal right of election.” In this…

Greenberg Freeman client Spy Phone Labs LLC develops “apps” for mobile phones.  Spy Phone Labs developed an app to allow parents to monitor activity on their child’s mobile phone and, in 2012, began offering the app for download on Google Play, Google’s online marketplace, under the trademarked name SPY PHONE®.  As it turned out, “spy…

Greenberg Freeman, led by Michael Freeman, scored an important victory for a major beauty and hair care products manufacturer, who was being sued by its former computer consultant in an arbitration before the AAA. The client hired the consultant to redesign and reconfigure the client’s existing financial and business reporting system. The consulting agreement was…

Michael Freeman and Sanford Greenberg together achieved a hard-fought victory for a client that operates a well-known events and catering facility in New York City against a former maintenance employee who claimed that he was discriminated against in the workplace and wrongfully terminated.  The former employee alleged that other members of the maintenance staff created a hostile work…

The United States Court of Appeals for the Second Circuit has affirmed the dismissal of a lawsuit brought by WD Music Products, Inc. against Greenberg Freeman clients DDDDC, Inc. and its principal owner based on the doctrine of res judicata. As previously reported (December 29, 2011), WD Music first sued DDDDC and its principal owner in…

Greenberg Freeman scored a significant victory in the New York Court of Appeals in favor of our client Jade Realty LLC. In a 5-1 decision, New York’s highest court ruled in Jade Realty LLC v. Citigroup Commercial Mortgage Trust 2005-EMG et al., No. 185 (November 19, 2012), that Jade Realty should not have been required to pay…

Chief Judge Gregory M. Sleet of the United States District Court for the District of Delaware dismissed claims alleging fraud and aiding and abetting a breach of fiduciary duty brought against two of Greenberg Freeman’s clients residing in the Republic of Singapore based upon insufficient service of process. The plaintiff, a publicly traded corporation, claimed that the…

Justice Charles E. Ramos of the New York County Supreme Court, Commercial Division, granted Greenberg Freeman’s motion to dismiss a lawsuit brought against clients Twenty Two Degree Energy Corp. (TTD), Echo Power International, Inc. (EPI) and their officers by Scott Ziegler, a New York attorney and disgruntled shareholder.  Mr. Ziegler, a minority shareholder in TTD,…