Sullivan
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Biography

Litigation Assignments

  • Orvato Healthcare LLC v. OCI Limited, 4:22-cv-01703 (S.D. Tx). Successfully challenged personal jurisdiction in action for alleged breach of contract.
  • Orlando v. Nxt-ID Inc., 2022 U.S. Dist. LEXIS 60682, 2022 WL 976875 (S.D.N.Y. March 31, 2022). Obtained summary judgment against claim alleging breach of “earnout” agreement.
  • Mooney v. Diversified Bus. Communs. 2020 Mass. Super. LEXIS 26, 2020 WL 1220766 (February 4, 2020). Obtained judgment following bench trial on behalf of defendants in valuation/buy-out dispute (co-counsel).
  • Centauro Liquid Opportunities Master Fund, L.P. v. Bazzoni, 2019 U.S. Dist. LEXIS 160052, 2019 WL 4464242 (S.D.N.Y. September 18, 2019). Obtained dismissal of action demanding $21 million for alleged breach of contract and fraud predicated on alleged alter ego relationship (applying English and Maltese law).
  • Confidential ICC Arbitration. Obtained award on behalf of Israeli business seller against Chinese purchaser respecting put option.
  • ICICI Bank UK plc v. Cargill Inc., 1:15-cv-5379-VEC (S.D.N.Y.). Successful representation of purchaser of $9 million of accounts receivables acquired through receivables trading platform. Dispute settled after court upheld purchaser’s claims alleging fraud and breaches of contract.
  • Karoon v. Credit Suisse Group AG, 2016 U.S. Dist. LEXIS 24480, 2016 WL 8152781 (S.D.N.Y. February 29, 2016). Obtained dismissal of action asserting damages of $70 to $100 million for alleged breaches of contract and fiduciary duty, negligence, and fraud.
  • Cronin v. Credit Suisse AG, 2:14-cv-06346-WB (E.D.Pa.). Obtained dismissal of action seeking $40 million for alleged breach of contract and negligence.
  • Novel Commodities S.A. v. QBE Insurance Corp., 11 Civ. 6339 (PGG) (S.D.N.Y.). Obtained jury verdict and $11.6 million judgment for insured on trade credit insurance policy.
  • Vaynshelboym v. Credit Suisse AG, 12 Civ. 8227 (RJS) (S.D.N.Y.). Obtained dismissal of action demanding $40 million for alleged breach of contract and breach of fiduciary duty.
  • Alki Partners, LP v. Vatas Holding GmbH, 769 F.Supp.2d 478 (S.D.N.Y. 2011), aff’d, 472 Fed.Appx. 7 (2d Cir. 2012). Obtained dismissal of securities fraud action.
  • Confidential arbitrations (LCIA / ICC). Representation of insureds in disputes relating to trade credit insurance.
  • Guirlando v. T.C. Ziraat Bankasi A.S., 602 F.3d 69 (2d Cir. 2010). Obtained dismissal of action based on Foreign Sovereign Immunities Act.
  • Fortis Bank (Nederland) N.V. v. Abu Dhabi Islamic Bank, 32 Misc.3d 1232, 936 N.Y.S.3d 58 (NY Sup. Ct., 2010). Obtained $44 million summary judgment for negotiating bank in dispute concerning "synthetic letter of credit."
  • Successful, pre-indictment defense of foreign financial services firm in connection with criminal antitrust investigation.
  • Schuss v. Penfield Partners, LP, C.A. No. 3132, 2008, Del. Ch. LEXIS 73, 2008 WL 2433842 (Del. Ch., June 13, 2008). Defeated motion to dismiss in hedge fund valuation case.
  • Confidential arbitration (LCIA). Obtained full recovery, $9 million, on behalf of major international bank shortly after submission of opening pleadings in trade credit insurance coverage dispute.
  • Confidential arbitrations (AAA / ICDR). Obtained full recover, in excess of $30 million, for major international bank in trade credit insurance coverage disputes arising from Parmalat collapse.

Transactional Assignments

  • Advised international agricultural commodities firm on “synthetic” letters of credit.
  • Advised international bank in negotiations for issuance of trade credit and non-payment insurance.
  • Advised international steel trader on various transactions.
  • Advised fund in negotiations for issuance of trade credit insurance.
  • Advised international bank on structured letters of credit.

Matters

Litigation Assignments

  • Orvato Healthcare LLC v. OCI Limited, 4:22-cv-01703 (S.D. Tx). Successfully challenged personal jurisdiction in action for alleged breach of contract.
  • Orlando v. Nxt-ID Inc., 2022 U.S. Dist. LEXIS 60682, 2022 WL 976875 (S.D.N.Y. March 31, 2022). Obtained summary judgment against claim alleging breach of “earnout” agreement.
  • Mooney v. Diversified Bus. Communs. 2020 Mass. Super. LEXIS 26, 2020 WL 1220766 (February 4, 2020). Obtained judgment following bench trial on behalf of defendants in valuation/buy-out dispute (co-counsel).
  • Centauro Liquid Opportunities Master Fund, L.P. v. Bazzoni, 2019 U.S. Dist. LEXIS 160052, 2019 WL 4464242 (S.D.N.Y. September 18, 2019). Obtained dismissal of action demanding $21 million for alleged breach of contract and fraud predicated on alleged alter ego relationship (applying English and Maltese law).
  • Confidential ICC Arbitration. Obtained award on behalf of Israeli business seller against Chinese purchaser respecting put option.
  • ICICI Bank UK plc v. Cargill Inc., 1:15-cv-5379-VEC (S.D.N.Y.). Successful representation of purchaser of $9 million of accounts receivables acquired through receivables trading platform. Dispute settled after court upheld purchaser’s claims alleging fraud and breaches of contract.
  • Karoon v. Credit Suisse Group AG, 2016 U.S. Dist. LEXIS 24480, 2016 WL 8152781 (S.D.N.Y. February 29, 2016). Obtained dismissal of action asserting damages of $70 to $100 million for alleged breaches of contract and fiduciary duty, negligence, and fraud.
  • Cronin v. Credit Suisse AG, 2:14-cv-06346-WB (E.D.Pa.). Obtained dismissal of action seeking $40 million for alleged breach of contract and negligence.
  • Novel Commodities S.A. v. QBE Insurance Corp., 11 Civ. 6339 (PGG) (S.D.N.Y.). Obtained jury verdict and $11.6 million judgment for insured on trade credit insurance policy.
  • Vaynshelboym v. Credit Suisse AG, 12 Civ. 8227 (RJS) (S.D.N.Y.). Obtained dismissal of action demanding $40 million for alleged breach of contract and breach of fiduciary duty.
  • Alki Partners, LP v. Vatas Holding GmbH, 769 F.Supp.2d 478 (S.D.N.Y. 2011), aff’d, 472 Fed.Appx. 7 (2d Cir. 2012). Obtained dismissal of securities fraud action.
  • Confidential arbitrations (LCIA / ICC). Representation of insureds in disputes relating to trade credit insurance.
  • Guirlando v. T.C. Ziraat Bankasi A.S., 602 F.3d 69 (2d Cir. 2010). Obtained dismissal of action based on Foreign Sovereign Immunities Act.
  • Fortis Bank (Nederland) N.V. v. Abu Dhabi Islamic Bank, 32 Misc.3d 1232, 936 N.Y.S.3d 58 (NY Sup. Ct., 2010). Obtained $44 million summary judgment for negotiating bank in dispute concerning "synthetic letter of credit."
  • Successful, pre-indictment defense of foreign financial services firm in connection with criminal antitrust investigation.
  • Schuss v. Penfield Partners, LP, C.A. No. 3132, 2008, Del. Ch. LEXIS 73, 2008 WL 2433842 (Del. Ch., June 13, 2008). Defeated motion to dismiss in hedge fund valuation case.
  • Confidential arbitration (LCIA). Obtained full recovery, $9 million, on behalf of major international bank shortly after submission of opening pleadings in trade credit insurance coverage dispute.
  • Confidential arbitrations (AAA / ICDR). Obtained full recover, in excess of $30 million, for major international bank in trade credit insurance coverage disputes arising from Parmalat collapse.

Transactional Assignments

  • Advised international agricultural commodities firm on “synthetic” letters of credit.
  • Advised international bank in negotiations for issuance of trade credit and non-payment insurance.
  • Advised international steel trader on various transactions.
  • Advised fund in negotiations for issuance of trade credit insurance.
  • Advised international bank on structured letters of credit.