News


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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Justin Sher, Partner and Co-Founder of Sher Tremonte LLP, selected to America’s Top 100 Attorneys

Sher Tremonte is proud to announce that Justin Sher has been selected to America’s Top 100 Attorneys. See the list here.

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Sher Tremonte Wins Rare Dismissal of Action to Confirm Arbitration Award on Behalf of Real Estate Investor

On July 13, 2016, Sher Tremonte obtained a complete dismissal of an action to confirm an unfavorable arbitration award against its client, a real estate investor. Following an evidentiary hearing, the Honorable Anil Singh of the Commercial Division of New York County Supreme Court held that "nail and mail" service had not been properly effected. Consequently, the Court vacated a default judgment that had previously been entered against Sher Tremonte's client and dismissed the action in its entirety. Read the opinion here.

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Sher Tremonte Expands White Collar Defense and Commercial Litigation Practices

Justine A. Harris, top white collar criminal defense attorney, joins Sher Tremonte LLP as partner. Noam Biale, Michael Gibaldi join Sher Tremonte LLP as Associates. Justine A. Harris, Partner A respected trial lawyer, Ms. Harris brings 20 years of experience to Sher Tremonte LLP. Known for her vigorous and meticulous advocacy, and her unwavering dedication to her clients, Ms. Harris represents individuals and companies in criminal and white-collar matters, as well as complex civil and regulatory proceedings, and has a breadth of experience on a variety of financial and legal issues. Super Lawyers has recognized Ms. Harris as one of Manhattan’s top white collar criminal defense attorneys. Prior to joining Sher Tremonte LLP, Ms. Harris was a partner at Colson & Harris LLP, a firm she co-founded. From 2001 to 2010, Ms. Harris was an assistant federal defender at the Federal Defenders’ office for the Eastern District of New York, where she was lead counsel on hundreds of criminal cases in federal court. Previously, she was an associate at Kramer Levin Naftalis & Frankel LLP. Ms. Harris is a graduate of Columbia Law School, where she was a Harlan Fiske Stone Scholar, and a magna cum laude graduate of Harvard College. She clerked for the Hon. Eugene H. Nickerson in the Eastern District of New York. Noam Biale, Associate/Pro Bono Coordinator Mr. Biale’s practice focuses on criminal defense, appellate advocacy, and complex commercial litigation. Mr. Biale also serves as Sher Tremonte’s Pro Bono Coordinator and supports the firm’s substantial commitment to representing pro bono clients. Prior to joining the firm, Mr. Biale clerked for the Hon. Gerard E. Lynch on the Second Circuit Court of Appeals and the Hon. Allyne R. Ross in the Eastern District of New York. He was also a law fellow at the Equal Justice Initiative in Montgomery, Alabama. Mr. Biale graduated magna cum laude from the University of California, Berkeley and received his J.D. magna cum laude from New York University School of Law, where he was a Root-Tilden-Kern scholar. Michael Gibaldi, Associate Mr. Gibaldi’s practice focuses on commercial litigation, criminal defense, and regulatory enforcement. Prior to joining Sher Tremonte LLP, Mr. Gibaldi was an associate at Sullivan & Cromwell LLP, and also worked as a volunteer Assistant District Attorney in the Kings County District Attorney’s Office. Mr. Gibaldi graduated summa cum laude from the University of Pennsylvania and earned his J.D. cum laude from Harvard Law School. He clerked for the Hon. Joseph F. Bianco in the Eastern District of New York and the Hon. Fernande R.V. Duffly on the Supreme Judicial Court of Massachusetts.

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Sher Tremonte Prevails in Hedge Fund Battle

On April 7, 2016, the Honorable Charles E. Ramos of the Commercial Division of New York County Supreme Court granted summary judgment in favor of Sher Tremonte's clients, defendants in the lawsuit, Jonathan Lipton v. Michael Green and Ice Farm Advisors, L.P.  The plaintiff, represented by Quinn Emanuel, alleged that Green had breached a partnership agreement by starting a hedge fund without Lipton and asserted claims of fraud, breach of contract and breach of fiduciary duty.  The Court dismissed all of the plaintiff's claims based on its core finding that no partnership agreement existed because the "parties were merely discussing an investment plan that was never launched."  For more information, please read the news article here and the full decision here.

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Lehman Brothers Agrees to $10 Million Settlement

On April 5, 2016, the United States Bankruptcy Court for the Southern District of New York approved a settlement according to which Lehman Brothers, Inc. agreed to recognize a debt of $10 million owed to Sher Tremonte’s client, Credencial  Argentina S.A., a financial services firm based in Argentina.  Credencial sued Lehman for withdrawing from a joint venture to finance a microlending business in South America.  After Sher Tremonte overcame a motion to dismiss and took testimony from Lehman’s former executives and bankers, Lehman agreed to settle the claims for $10 million.

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