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Representative Matters

Evan S. Fensterstock’s Representative Matters

Trial lawyer

2019    Cypress Group Holdings, Inc., the buyer of an insurance company and its subsidiaries, as lead trial lawyer and litigator in a breach of contract and indemnification action alleging breaches of representations, warranties, and covenants contained in a Stock Purchase Agreement against Onex Corporation, et al., the sellers.  Obtained a nearly $5,000,000 judgment in May 2019 after a four-day trial in March 2019 in the New York County Commercial Division.

2019    An individual in a breach of contract action against a former partner resulting in a nearly $6,000,000 default judgment requiring international judgment enforcement actions.

2019    An individual in a fraud action against her doctor alleging over-prescription of injectable opioids in New York State Court.

2019    An individual in a pro bono matter concerning the negotiation and execution of her transition and separation agreement from a large online shopping catalog for men’s and women’s clothing.

2019    An individual in a pro bono matter concerning her employment rights under New York law, her Offer Letter, and the employer’s Confidentiality, Invention Assignment, and Non-Compete Agreement with a management consulting firm.

2018    Shareholders of an open-end mutual fund in a shareholder derivative action alleging breach of fiduciary duty, breach of contract, and gross negligence in the New York County Commercial Division.

2018    Individuals in a $20 million accounting and legal malpractice action against their accountants and lawyers arising out of advice concerning real estate tax incentive investments in the New York County Commercial Division.

2018    A New York City real estate company regarding the terms of a Co-Marketing and Referral Agreement.

2018    An individual in the negotiation and execution of her Separation Agreement, Waiver and Release from an insight and strategic consulting firm in the healthcare industry.

2018    A limited liability company in the negotiation of a joint venture agreement.

2018    An individual in connection with contractual issues arising out of her purchase of a condominium in New York.

2018    An individual in a pro bono matter concerning her rights under New York law in connection with issues with her condominium against the seller and real estate agent representing the seller.

2017    Citigroup Global Markets, Inc. in an interpleader action concerning payouts under waterfall provisions contained in an indenture agreement in the Southern District of New York and in the Second Circuit Court of Appeals in a subsequent appeal.           

2017    A former The UPS Store franchise owner against UPS in a Lanham Act action and defending against breach of contract claims arising out of franchise agreements in the Southern District of New York.

2017    SecurityNational Mortgage Company in an adversary proceeding brought in the Bankruptcy Court in the Southern District of New York relating to the Lehman Brothers bankruptcy.

2017    An individual in a pro bono matter representing him in the Queens County Criminal Court concerning charges for driving without a license resulting in no fines or convictions and a clean acquittal.

2016    Progenics Pharmaceuticals, Inc. as second-chair trial lawyer in a Sarbanes-Oxley whistleblower action commenced by a former employee in the Southern District of New York.

2016    Westwood Partners, LLC, a boutique retained executive search firm, in a trade secret misappropriation and breach of non-competition agreement against a former partner in the New York County Commercial Division.

2016    An individual concerning the dissolution of a limited liability company in New York.

2015    Individuals concerning their employment Separation and Release Agreements and rights under New York law concerning their termination.

2015    A fifty percent owner and Co-CEO of Archie Comics in Westchester Surrogate’s Court concerning contractual rights and ownership control.

2015    AY Digital, Inc, a digital advertising agency, in a trade secret misappropriation and breach of non-competition agreement action against a former employee in the New York County Commercial Division.

2015    An individual in a fraud action concerning the purchase and sale of multi-million-dollar jewelry in the Southern District of New York.     

2014    The Plan Administrator of MF Global Holdings Ltd., a former global financial derivatives broker, in a $3 billion lawsuit against its outside auditor, PwC, in the Southern District of New York.

2014    Holocaust Survivors in pro bono matters in connection with recouping pensions and payments from the German government for work performed in ghettos during World War II.  Obtained over $250,000 for Holocaust Survivors as lead of the Holocaust Survivor Representation Pro-Bono Project over several years.

2013    Hurricane Sandy victims in pro bono matters in obtaining insurance coverage.

2013    The Plan Administrator of MF Global Holdings Ltd., a former global financial derivatives broker, in a fraudulent conveyance action against Series A and Series B shareholders in the Bankruptcy Court for the Southern District of New York.

2012    Medicare eligible persons in pro bono matters in obtaining and enrolling in proper Medicare Part D coverage plans.

2012    The founder and chairman of an international gaming and racing company, in a defamation action brought by a competitor in Maryland state court. The claims against this individual were dismissed.

2012    A trust owning 24 percent of AriZona Iced Tea in connection with AriZona Iced Tea’s inter-owner dispute and the largest corporate dissolution case in New York.

2011    Gibraltar Private Bank & Trust in a breach of contract action against its former parent company, Boston Private Financial Corporation, concerning the interpretation and implementation of a stock purchase agreement.

2010    An individual in connection with subpoenas and investigations into alleged securities fraud before the Securities and Exchange Commission.

2009    Hilton Worldwide in trade secret misappropriation and corporate espionage litigation in the Southern District of New York brought by Hilton’s competitor, Starwood Hotels & Resorts, and in a grand jury investigation conducted by the United States Attorney’s Office (S.D.N.Y.).

About Fensterstock, P.C.

Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last five consecutive years, Fensterstock, P.C. represents clients in complex, commercial litigation and employment matters in trials, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration, in cases involving breach of contract, indemnification, breach of fiduciary duty, fraud, non-competition agreements and restrictive covenants, defamation, trade secret misappropriation, shareholder derivative suits, negligence, accounting and legal malpractice, false light invasion of privacy, injunctions, and Sarbanes Oxley whistleblower actions. The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941, and Blair C. Fensterstock (1950-2017), Evan Fensterstock’s late father, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings.

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