We represented The Dow Chemical Company and Rohm and Haas against Turkish chemical firm Organik Kimya in the International Trade Commission, alleging infringement of two patents and misappropriation of numerous commerce secrets and techniques. After we uncovered evidence of massive spoliation, together with the intentional destruction of as a lot as 600,000 files in violation of the ALJ’s orders, the ITC entered default judgment in favor of a claimant based on a respondent’s spoliation for the primary time in its historical past. We additionally obtained an unprecedented 25-year exclusion order and restoration of almost $2 million in sanctions. The Federal Circuit affirmed, holding that the Commission can concern default judgment sanctions as a penalty and to discourage future events from repeating such conduct.

Pli’s International Capital Markets & The Us Securities Laws 2022

Carney v. Adams , rejecting on standing grounds a First Amendment challenge to Delaware’s system of appointing state court docket judges. In a big win for our client, Postmates Inc., we convinced the New York Appellate Division, Third Department, to carry that its couriers are impartial contractors rather than workers. This issue—independent contractor vs. worker status—has explicit significance to people and corporations that are part of the “gig economy” and rely on the pliability and efficiencies supplied by the unbiased contractor model. We represented the National Resources Defense Council and the Public Utility Law Project as amici curiae in the New York Court of Appeals in an action the place a group of landlords challenged the New York City Water Board’s capability to set charges for water usage. The Court adopted the argument that we advanced, ruling that the Water Board had acted within its authority to set rates in ways in which would help low-income households, incentivize water conservation, and cut back stormwater runoff, an emerging and necessary environmental issue.

Financial Providers Appeals

These instances concerned advanced factual and authorized issues as well as emerging or unsettled legislation in a wide variety of issues, together with business disputes, personal injury claims, oil and gas litigation, and building litigation. We have also filed amicus briefs on behalf of shoppers who, although not events to a case, but have a considerable interest within the consequence of an enchantment or the event of substantive regulation. Selendy Gay Elsberg’s appellate apply draws on the firm’s foundational mastery of the regulation, paired with a deep grounding in our clients’ needs and the factual record. Our partners have exceptional depth of experience, including numerous appearances earlier than the us Supreme Court, and common appearances earlier than federal circuit courts of appeal and state appellate courts. Selendy & Gay’s attorneys have achieved successes in overturning erroneous choices, obtaining reversals of criminal convictions, and upholding trial court docket wins, delivering significant recoveries—or shielding businesses from losses—amounting to billions of dollars.

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Our Capital Markets practice group focuses on aiding clients in financing transactions. From start-ups looking for seed or enterprise capital to larger non-public and public fairness and debt financings, our experience and experience helps clients close profitable offers. Our Banking & Financial Institutions apply group has extensive expertise with regulatory and transactional points for purchasers starting from publicly traded, diversified financial institution holding firms to single-office group banks. Successfully reversed a verdict of over $3.5 million and secured dismissal of all claims against institutional trustee in an accounting proceeding and successfully resisted objectants’ motion for leave to appeal to the New York Court of Appeals. Our engagement can embrace offering appellate session, serving as co-counsel on an appeal, assisting with preparation for oral argument and mock appellate periods.

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