WALLISON & WALLISON LLP: Stillwater Trail Court Decision / Appeal
Published 17 Sep, 2018
Please sign in to view members only features
Jeremy Wallison’s practice focuses on trial court, appellate and arbitral litigation of complex business disputes. For his work in this area, Mr. Wallison, since 2014, has been named to the New York Super Lawyers list, a Thomson Reuters publication honoring the top 5% of lawyers in New York in particular practice areas based on a variety of factors, including peer review and professional achievement. At both Wallison & Wallison and, prior to that, as a business litigation partner at Foley & Lardner LLP, Mr. Wallison has achieved remarkable results for clients across diverse industries and areas of law.
Notable victories include:
- Won dismissal of securities fraud class action complaint on the basis of what the court termed a “novel theory” – that plaintiffs could not prove conscious misbehavior or recklessness sufficient to give rise to an inference of fraudulent intent where the fraudulent scheme alleged was unlikely to succeed. In re Geopharma, Inc. Sec. Litig., 399 F.Supp.2d 432 (S.D.N.Y. 2005) (dismissing securities fraud complaint with leave to replead); In re Geopharma, Inc. Sec. Litig., 411 F.Supp.2d 434 (S.D.N.Y. 2006) (dismissing securities fraud complaint with prejudice after leave to replead);
- Won summary judgment dismissal of products liability claim and successfully defended dismissal on appeal. Granata v. Sub-Zero Freezer Co., Inc., No 10655/03, 2006 WL 1358468 (Sup. Ct. March 27, 2006), aff’d 841 N.Y.S.2d 469 (2d Dep’t 2007);
- Obtained appellate court reversal in breach of contract claim by establishing that oral acceptance of a competitive bid can give rise to contractual liability even when the parties contemplate subsequent negotiation and preparation of a formal purchase and sale agreement. Emigrant Bank v. UBS Real Estate Securities, Inc., 854 N.Y.S.2d 39 (1st Dep’t 2008);
- Won arbitration of complex lease dispute regarding novel question of how to account for lease termination payments, under GAAP, in calculating a percentage rent obligation;
- Obtained judgment against defaulted borrower for full amount of outstanding debt, then obtained dismissal of borrower’s countersuit for fraud and breach of contract, then won judgment against borrower for the full amount of legal fees incurred in defending the countersuit, then successfully defended dismissal and legal fees award on appeal. Edelman v. Emigrant Bank Fine Art Finance, LLC, 933 N.Y.S.2d 270 (1st Dep’t 2011);
- Helped lead litigation team in complex dispute over breach of indenture and fraudulent conveyance claims arising out of a restructuring involving billons of dollars in publicly traded debt, ultimately securing favorable settlement for bondholders. Travelport Limited, et al. v. Computershare Trust Company, N.A., Southern District of New York, Case No. 11 Civ. 7704 (PKC); and
- Won dismissal with prejudice of complex fraud and breach of fiduciary duty lawsuit asserted in connection with an acrimonious business divorce involving two accounting companies. Marcum, LLP v. Rosenfarb, Index No. 27407-13, 2014 NY Slip Op 31216(U) (N.Y. Sup. Ct. April 3, 2014).
Mr. Wallison’s current docket of cases includes representation of a French art gallery in a tortious interference claim against a New York art gallery and certain of its employees; representation of a U.K.-based products manufacture seeking to enforce a judgment against the owner, manager and affiliates of a former contract counterparty; and the founder and former CEO of a private company in various disputes relating to her efforts to sell her shares in the company.
Mr. Wallison also is an active participant in professional and civic organizations — including New York American Inn of Court, New York City Bar Association, International Bar Association, and Union Internationale des Avocats — and writes and lectures regularly on emerging issues in business law. Recent publications and presentations include:
- “Cross-border discovery in International Disputes,” presented at the 10th Winter Seminar of Union Internationale des Avocats, February 26, 2015;
- “Valuing Contingent or Disputed Assets And Liabilities in Solvency Opinions,” The Review of Banking & Financial Services, Vol. 30, No. 5 (May 2014);
- “Valuation of Contingent and Disputed Liabilities and Assets in Solvency Determinations,” co-presented at Valcon 2013, February 20, 2013; and
- “Traps for the Unwary in LOIs, NDAs and Other Preliminary Agreements — A Litigator’s Perspective,” co-presented at the New York Chapter of the Association of Corporate Counsel, February 23, 2012.
Mr. Wallison received his A.B., cum laude, from Harvard University, where he was awarded the Harvard College Scholarship, and his J.D. from the New York University School of Law, where he was a Leslie and Edmund Glass Fellow.
Wallison & Wallison LLP focuses on business controversies that, due to novelty, complexity or risk, require uncommonly creative and aggressive advocacy. We take pride in our ability to litigate such matters efficiently and effectively, and, whenever possible and appropriate, offer fee structures that prioritize results, including contingency fee and other alternative fee arrangements.