News


Sher Tremonte Wins Outright Dismissal of All Charges in NYC Council Election Case

Sher Tremonte LLP lawyers Justine Harris and Michael Gibaldi secured a total victory for their client, David Jones, in a prosecution arising out of the 2009 election of Debi Rose to the New York City Council, the first African American to be elected to citywide office from Staten Island. On March 13, 2017, Special Prosecutor Roger B. Adler moved to dismiss all counts against Mr. Jones – putting an end to a meritless prosecution that had lasted for years. The special prosecutor had named Mr. Jones, along with the campaign treasurer and campaign committee, in a 23-count indictment that charged Mr. Jones with grand larceny based upon a $5,000 payment that Mr. Jones had received for his work on the campaign. Ms. Harris and Mr. Gibaldi challenged the scope of the special prosecutor’s authority, moved to dismiss the charges, sought to unseal the affidavit seeking his appointment, and successfully compelled the special prosecutor to produce discovery over his objection. After over two years of fighting the charges, and on the brink of trial, Ms. Harris and Mr. Gibaldi convinced the special prosecutor that the case against Mr. Jones was, as the New York Times described it, a “colossal ball of nothing.” Twenty of the twenty-three counts had previously been dismissed on statute of limitations grounds, and on March 13, upon the special prosecutor's own motion, Judge William E. Garnett dismissed both counts against Mr. Jones, as well as the remaining count against the treasurer and the campaign committee. Learn more about this case: New York Times, "For Years, City Spent $300 an Hour Looking for $5,000" NY1.com, "Charges Dismissed Against Debi Rose 2009 Election Campaign" Staten Island Advance, "Five years and $500K later, criminal charges dismissed in Debi Rose campaign case"

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Sher Tremonte Wins Asylum for Syrian Doctor

On March 6, 2017, Sher Tremonte obtained a grant of asylum for the firm’s client, a physician from Syria. In the early days of the Syrian revolution, our client was part of a collective of doctors and medical students in Damascus that provided medical care to peaceful protestors demonstrating against the Assad Regime. The collective set up makeshift field hospitals and surreptitiously transported medical supplies throughout the country after numerous protestors were shot or beaten by government forces and subsequently arrested at government-run hospitals when they tried to seek medical care. Our client was targeted by the Regime for providing humanitarian care to demonstrators, and for being an outspoken proponent of democracy and human rights in Syria. In addition, he was threatened by fundamentalist militants for supporting secularism and speaking in favor of religious tolerance. Our client escaped Syria in 2013 and was able to reach the United States in 2014. Sher Tremonte lawyers Theresa Trzaskoma, Erica Wolff, and Noam Biale filed an asylum application in 2015, extensively documenting the dangers faced by medical professionals in Syria. On March 6, the application was granted and as a result, our client will now be able to stay in the US and continue his work here, providing care to military veterans as a medical resident in a VA hospital. Upon learning about his asylum approval, our client said, “This would have never been possible without Sher Tremonte’s limitless support and commitment throughout the last two years. Because of you guys, I can say for the first time in long, long years that I am a free man who has no fear of the future.”

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Noam Biale, Sher Tremonte’s Pro Bono Coordinator, Profiled in AMNY

Noam Biale spent the weekend of January 25th  at New York's John F. Kennedy Airport, advocating on behalf of men and women detained due to President Trump’s ban on seven Muslim countries. Get the full story in AMNY.

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Noam Biale, Sher Tremonte Associate, Persuades JFK Airport Customs to Return Plane Carrying Iranian Grad Student

On Saturday, January 28th, Noam Biale, Sher Tremonte Associate and Pro Bono Coordinator, advocated on behalf of Iranian graduate student, Vahideh Rasekhi, to return a plane to the gate at JFK Airport in New York. Mr. Biale stopped customs officials from forcing Ms. Rasekhi, President of the Graduate Student Organization at Stony Brook University and a holder of a valid student visa, to return to Iran pursuant to President Trump’s executive order restricting immigration from seven predominately Muslim countries. Click here to read the full story in the Washington Post.

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Sher Tremonte Publishes Expert Analysis in NYLJ on Confidentiality Clauses in Investment Adviser Agreements

As published in New York Law Journal Investment Advisers: Beware the Broad Confidentiality Clause Justin Sher, Partner, Sher Tremonte Emily Burgess, Associate, Sher Tremonte Investment advisers - hedge fund managers, private equity firms and others - may rely on confidentiality agreements to protect against the disclosure of an investment thesis or algorithm or simply as a means of keeping investors' affairs private. Indeed, Regulation S-P requires registered investment advisers (RIAs) to take steps to "insure the security and confidentiality of customer records and information." However, in light of recent enforcement measures taken by the Securities and Exchange Commission, RIAs should review their confidentiality agreements - including those with investor clients - to make sure these agreements do not violate SEC Rule 21F-17(a), which prohibits the use of confidentiality agreements to deter whistleblowers. Click here to download the entire article.

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Sher Tremonte Seizes Assets of Company’s Principal, Principal’s Spouse and Affiliates on Behalf of Judgment Creditor

On October 6, 2016, Sher Tremonte obtained a decision and order from the Honorable Paul A. Engelmayer of the Southern District of New York granting the turnover of assets fraudulently conveyed from a company to its principal, the principal’s spouse, a trust established for the benefit of the principal, and a corporate affiliate.  The court ruled that the respondent-debtor, Anza Capital LLC, had fraudulently conveyed over a quarter million dollars to the detriment of Sher Tremonte’s client. The fraudulent payments were used for a luxury car, Manhattan apartment, a European vacation, and transferred to foreign entities in Cyprus, Macedonia, and the U.K.  Under principles of New York Debtor and Creditor law, the court shifted the burden of proof to the respondent-debtor and applied the “sham issue of fact” doctrine.  Finding a factual hearing unnecessary, the court characterized the respondent’s explanation of the transfers as “lame conjecture . . . insufficient to create a triable issue fact . . . [and] not cognizable as a matter of law.”  Read the full opinion here.  

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Sher Tremonte selected to Super Lawyers “50 Law Firms Professionals Should Know About”

Sher Tremonte is proud to be selected to the Super Lawyers "50 Law Firms Professionals Should Know About" list as featured in the October 10, 2016 issue of The New Yorker magazine. The firms named to this list have been hand selected by the publisher of Super Lawyers as firms that stand out in their area of expertise and have attorneys that were highly ranked on the 2016 New York Super Lawyers list. “We are honored to be among such a distinguished group of law firms,” says Justin Sher, Partner and Co-Founder. “Clients rely on our dedicated team of attorneys, as partners and advocates, on a wide array of complex commercial litigation and white collar investigations, and we are delighted to be recognized by our peers for our work.” Click here to view the complete list.

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Sher Tremonte Prevails in Application for Prejudgment Remedy

On September 20, 2016, Sher Tremonte obtained an order permitting the attachment of nearly $6.5 million in assets to satisfy a potential judgment in a pending litigation in Connecticut. Sher Tremonte lawyers Theresa Trzaskoma, Mark Cuccaro and Emily Burgess (together with Connecticut counsel Margaret Triolo at Carta McAlister & Moore LLC) represent the plaintiff, a member and former officer of a Westport-based LLC, who brought claims of fraud and breach of fiduciary duty against his former business partners. Following a five-day evidentiary hearing, the Honorable Robert Genuario of the Connecticut Superior Court held that Sher Tremonte’s client had established probable cause to believe that he would prevail on his claims and that he was entitled to prejudgment relief.

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Michael Tremonte, Partner and Co-Founder of Sher Tremonte LLP, named to Top 100 Super Lawyers

Sher Tremonte is proud to announce that Michael Tremonte has been selected to Super Laywer’s Top 100 list for the second consecutive year. Published annually, Super Lawyers, the leading directory of outstanding attorneys across 70 practice areas, selects leading professionals who have attained a high-degree of peer recognition, as well as excellence in their practice area. See the complete list here.  

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10 Sher Tremonte Attorneys Named 2016 Super Lawyers

Ten Sher Tremonte attorneys have been selected as 2016 New York Metro Super Lawyers or Rising Stars.  Published annually, Super Lawyers, the leading directory of outstanding attorneys across 70 practice areas, selects leading professionals who have attained a high-degree of peer recognition, as well as excellence in their practice area. Clients rely on Sher Tremonte for meticulous preparation, thoughtful counseling and vigorous advocacy. We are proud to congratulate our dedicated team of Super Lawyers and Rising Stars for their superior expertise in white collar criminal defense, securities litigation, and business litigation. Sher Tremonte 2016 New York Metro Super Lawyers or Rising Stars: Justine Harris, Partner White Collar Criminal Defense Robert Knuts, Partner Securities Litigation Justin Sher, Partner Business Litigation Michael Tremonte, Partner Business Litigation Theresa Trzaskoma, Partner White Collar Criminal Defense Mark Cuccaro, Counsel Rising Star in Business Litigation Valerie Gotlib, Associate Rising Star in White Collar Criminal Defense Justin Gunnell, Associate Rising Star in Business Litigation Yonatan Jacobs, Associate Rising Star in Business Litigation Erica Wolff, Associate Rising Star in Securities Litigation

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