Litigation, Dispute Resolution and Regulatory:

• Obtained dismissal of federal court action brought against environmental firm concerning claims under federal, state and local false claims acts.

• Successfully represented owner/developer of a high-end, luxury hotel located in Manhattan involving default of a contractor during construction and subsequent litigation with contractor and surety, resulting in a multi-million dollar settlement to the owner from the surety after engaging in court ordered mediation. 

• Defended pharmacy and pharmacist owner at administrative hearing, resulting in final determination that reduced the State’s seeking of $8M in alleged Medicaid overpayments and exclusion from Medicaid program for 5 years to $3M and a censure with immediate reinstatement into the Medicaid program.  After exhausting all appeals seeking to further reduce the $3M, obtained additional reimbursement to pharmacy of $1.2M through persistent advocacy and negotiation.  

• Negotiated favorable settlement with executor and charitable beneficiaries for brother not named in will after having filed objections to probate in Surrogate's Court based primarily on pre-filing examination of witnesses revealing that will was likely improperly executed.  

• Obtained million dollar settlement for specialty glass manufacturer and installer in connection with claims for extra work and delay relating to its storefront façade installation at an iconic skyscraper project in midtown Manhattan (after engaging in non-binding mediation and commencement of litigation against construction manager) by persuading construction manager of its liability and that its defenses of “no-damage-for delay” and existence of various executed releases were without merit.

• Obtained favorable arbitration award from the AAA in connection with representation of contractor against co-operative alleging claims for contract balance and extra work, having defended and defeated co-operative’s counterclaims. 

• Obtained summary judgment and enforced judgment to obtain funds for client through supplementary proceedings on claim for license fees owed under agreement in connection with use of a sidewalk shed for construction project on adjacent property.

• Negotiated and obtained favorable resolution of dispute on behalf of construction manager in connection with pending litigation between a school district owner and prime contractor where construction manager was not required to make any settlement payments and was never brought into the litigation.

• Obtained summary judgment in lien foreclosure action on subcontractor’s breach of contract claims.

Regulatory

• Successfully represented multiple pharmacies and pharmacists in connection with investigations by the United States Drug Enforcement Administration and the New York Attorney General’s Medicaid Fraud Control Unit, administrative proceedings before the New York Board of Pharmacy and the New York Department of Health, and removal of providers from federal and State Disqualified/Exclusion lists.

• Represented environmental laboratory in negotiations with the New York Environmental Laboratory Approval Program (ELAP) in connection with laboratory’s pending certification.  

• Regularly interface with the New York State Education Department on behalf of public school districts in connection with compliance issues on capital improvement projects, including changes in scope of work, public bidding requirements, and funding issues, and with the New York State Department of Labor in connection with notices to withhold/release funds and resolution of outstanding labor related issues prior to project close-outs.

• Represented not-for-profit corporation in negotiations with the New York City Department of Environmental Protection in connection with grant to design and manage environmental infrastructure work.