Commercial Litigation

Below are representative commercial litigation matters for Mr. Shapiro.

Fortune 500 Media Company
Won dismissal of industrial espionage matter at summary judgment arising from a competitor’s allegation that client employed consultants to illegally access a proprietary database. After winning dismissal of the RICO claims at the motion to dismiss stage, then won summary judgment decision dismissing Sherman Act, Lanham Act, and myriad state law claims and leaving only limited claim of unfair competition that plaintiff voluntarily dismissed. After two-day hearing won motion excluding adversary's damage expert. The Second Circuit affirmed the district court’s summary judgment decision resulting in a complete victory for our client.

Energy Company
Represented large energy company in litigations stemming from disputed appraisals when energy company sought to repurchase interests in utility plant sold pursuant to sale-leaseback agreements. Litigations ended in either dismissal affirmed on appeal or favorable settlement.

Broadband and Wireless Provider
Obtained TRO leading to favorable settlement in federal court action brought to assert client’s right to capacity on an undersea cable.

Leading Financial Information Provider
Represented financial information provider in federal lawsuit against competitor who illegally gained access to client’s computer system, leading to favorable settlement.

Major Financial Communications Company
Won dismissal of federal action claiming damages resulting from allegedly negligent issuance of unique identifying number to two securities.

Media Company
Represented substantial minority shareholder of media company. Won jury verdict finding company CEO bilked funds, followed by bench trial regarding valuation of company.

Limited Partner
Represented limited partner in three-month trial in Delaware Chancery Court regarding scope of corporate duty of loyalty clause and duty not to compete arising from licensing of electronic trading system.

Fitness Club Chain
Represented fitness club chain in winning dismissal of consumer class actions challenging provisions of clubs' membership agreement. Argued and won dismissal in Massachusetts' highest court and New York's Appellate Court.

Real Estate and Travel Services Conglomerate
On behalf of corporate client won largest settlement ever from accounting firm in federal action alleging fraud and negligence by auditing firm in audits of the former CUC International, Inc.

Financial Firm
Successfully defended financial firm in dispute regarding value of certain credit default swaps.

Web Portal
Represented web portal in dispute with competing portal regarding content distribution agreement.

Cable System Operator
Represented cable systems in disputes regarding retransmission agreements.